Declaratory Decree - Law Dictionary Search Results
Home Dictionary Name: declaratory decree Page: 2 Page 2 of about 622 results (0.005 seconds)Time requisite for obtaining copy of the decree
Time requisite for obtaining copy of the decree, the expression 'time requisite for obtaining copy of decree' includes the time taken by the court to prepare the decree before an application for the copy of decree is made, State of Bihar v. Md. Ismail, AIR 1966 Pat 1 (6). (Limitation Act, 1963, s. 12)The expression 'time requisite' in the phrase in question, means all the time counted from the date of the pronouncement of the judgment (the same being under Or. 20, r. 7, CPC, 1908 the date of the decree) which would be properly required for getting a copy of the decree, including the time which must ex necessities elapse in the circumstances of the particular case, before a decree is drawn up and signed, Lala Balmukand v. Lajwanti, AIR 1975 SC 1089: (1975) 1 SCC 725: (1975) Supp SCR 44....
Decree for money or other property
Decree for money or other property, a 'decree' for declaration of title to money or other property is not a decree for money or other property. The expression 'decree for money or other property' means only a decree for recovery of money or other property. It does not include a decree concerning title to money or other property, State of Uttar Pradesh v. Ramkrishan Burman, (1970) 1 SCC 80: AIR 1971 SC 87 (89). [Court-fees Act, (7 of 1870), s. 7(iva)(UP)]...
Decree of affirmance
Decree of affirmance, in determining the question as to whether the appellate decree passed by the High Court affirmed the decision of the trial Court the appellate decree must be considered as a whole in relation to the decision of the trial Court similarly considered as a whole. If there is a variation made in the appellate decree in the decision of the trial court it is not a 'decree of affirmance' and this is not affected either by the extent of the variation made or by the fact that the variation is made in favour of the intending appellant and not against him, T. Rajaram v. T. Radhakrishnayya, AIR 1961 SC 1795 (1801): (1962) 2 SCR 452. [Civil Procedure Code (5 of 1908), s. 110]...
Marriage has been dissolved by decree of divorce
Marriage has been dissolved by decree of divorce, Phrase 'marriage has been dissolved by decree of divorce' in s. 15 of the Hindu Marriage Act, 1955 means where the relationship of marriage has been brought to an end by intervention of Court by a decree. This decree will include a decree under s. 11, 12 or 13, Lata Kamat v. Vilas AIR 1989 SC 1477 (1481): (1989) 2 SCC 613: (1989) 2 SCR 137. [Hindu Marriage Act, 1955, s. 15]...
Step in aid of execution of the decree
Step in aid of execution of the decree, the expression 'step in aid of execution of the decree' not defined in the Limitation Act nor is it capable of a precise or exhaustive definition. It will have to be construed in the light of the facts and circum-stances in each case and the present case is indeed a peculiar one with litigation raised on two fronts; the parties with diametrically opposite avowed objects one (namely, the appellant) to execute and reap the fruit of the foreclosure decree and the other (namely, the respondent, judgment-debtor's son) seeking the assistance of the court to completely nullity the very decree in order to maintain his title to and possession of the suit property, Prem Raj v. Ram Charan, AIR 1974 SC 968: (1974) 3 SCR 494: (1974) 2 SCC 1. (Limitation Act, 1908, Art. 182)...
Judgment decree or final order
Judgment decree or final order, in order that a decision should fall within the definition of the word 'judgment' or 'final order' (1) it must finally decide the rights of the parties and the word 'judgment' means a final judgment and not an interlocutory judgment, and by which right to the relief claimed is decided with regard to all matters in issue, and (2) an order is final if it finally disposes of the rights of the parties and if it does not, it is not final even though it may decide a vital issue in the case, Sardar Kapur Singh v. Union of India, AIR 1957 Punj 173. CPC, 1908, Order 20, Rules 1, 6A....
Attaching decree-holder
Attaching decree-holder, An attaching decree-holder is a representative of the judgment-debtor and any previous decision binding on the judgment-debtor is also binding on the attaching decree-holder, Ram Sewak v. Bahal, AIR 1935 All 888; Radharani v. Binodamoyee, AIR 1942 Cal 92....
Decree-holder
Decree-holder, means any person in whose favour a decree has been passed or an order capable of execution has been made. [Code of Civil Procedure, 1908 (5 of 1908), s. 2 (3)]...
Preliminary decree
Preliminary decree, a preliminary decree is one which declares the rights and liabilities of the parties leaving the actual result to be worked out in further proceedings, Shankar Balwant Lokhande v. Chandrakant Shankar Lokhande, AIR 1995 SC 1211 (1212)....
interlocutory decree
interlocutory decree see decree ...
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