Final Rule - Law Dictionary Search Results
Home Dictionary Name: final ruleFinal decree or judgment
Final decree or judgment, a conclusive decision of the Court, as distinguished from interlocutory. An order upon an undertaking to lodge costs in Court is not a final order under the (English) Bankruptcy Act, 1914, ss. 1, 4; Re a Debtor, (1929) 2 Ch 146. See INTERLOCUTORY.As a result of the further inquiries conducted pursuant to the preliminary decree, the rights of the parties are fully determined and a decree is passed in accordance with such determination which is final. Both the decrees are in the same suit. Final decree may be said to become final in two ways: (i) when the time for appeal has expired without any appeal being filed against the preliminary decree or the matter has been decided by the highest Court; (ii) when, as regards the court passing the decree, the same stands completely disposed of. It is in the latter sense the word 'decree' is used in s. 2(2) of CPC. The appealability of the decree will, therefore, not affect its character as a final decree. The final decre...
final rule
final rule : a rule promulgated by an administrative agency after the public has had an opportunity to comment on the proposed rule ...
final decree
final decree see decree ...
decree
decree [Old French decré, from Latin decretum, from neuter of decretus, past participle of decernere to decide] 1 : an order having the force of law [by judicial ] 2 : a judicial decision esp. in an equity or probate court ;broadly : judgment [divorce ] [interlocutory ] consent decree : a decree entered by a court that is determined by the parties' agreement : a settlement between the parties that is subject to judicial approval and supervision ;specif : such a decree by which the accused agrees to cease alleged illegal activities without admitting guilt decree nisi pl: decrees nisi : a provisional decree that will become final unless cause is shown why it should not NOTE: Some states grant divorces using decrees nisi. The decree nisi creates a time period (as of 3 months) allowing for possible reconciliation or for completion of various arrangements (as custody). decree pro con·fes·so : a decree entered by a court based on a defendant's default and the pres...
Decree
Decree [fr. decretum, Lat.], an edict, a law.The term was also used for the judgment of a Court of Equity. But by the (English) Judicature Acts, 1873 and 1875, the expression judgment, which was formerly used only in Courts of Common Law, is adopted in reference to the decisions of all Divisions of the Supreme Court, and [(English) Judicature Act, 1925, s. 225, replacing (English) Act of 1873, s. 100] includes decree. See JUDGMENT, and consult Seton on Decrees. In Scotland the judgment of a Court disposing of a case (accent on first syllable).Decree means a formal expression of an adjudication which the Court conclusively and finally determines the rights of the parties with regard to all or any of the matters in controversy in the suit, Deep Chand v. Land Acquisition Officer, (1994) 4 SCC 99: AIR 1994 SC 1901.A decree in invitum is not an instrument securing money or other property; such a decree is a record of the formal adjudication of the Court relating to a right claimed by a part...
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....
final judgment rule
final judgment rule : a rule of procedure: an appeal may be taken only after final determination of all issues involved in a case ...
final
final 1 : ending a court action or proceeding leaving nothing further to be determined by the court or to be done except execution of the judgment but not precluding appeal used of an order, decision, judgment, decree, determination, or sentence see also finality, final judgment rule compare interlocutory 2 : being a decision that precludes the right to appeal or to continue a case in any other court upon the merits: as a : being a decision for which availability of appeal has been exhausted and concerning which a writ of certiorari has been denied or the time to petition for certiorari has expired b : being a decision of the Supreme Court of the U.S. that terminates the litigation between parties on the merits and leaves nothing for the lower court to do in case of an affirmance except to execute the judgment 3 : being the last in a series, process, or progress [a payment] ...
Suit of partition
Suit of partition, means a judgment delivered by a court in a partition suit which is followed by a preliminary decree cannot be said to be a final judgment in the suit. Proceedings which parties may take pursuant to the preliminary decree are still a part of the suit, and it is only with the passing of the final decree that the suit comes to an end, Ct. ACt Nachiappa Chettiar v. Ct. ACt Subramanian, AIR 1960 SC 307: (1960) 2 SCR 209: (1960) SCJ 416: (1960) 1 SCA 655: (1960) 1 Mad LJ (SC) 101: (1960) 1 Andh WR (SC) 101....
Final report, charge-sheet
Final report, charge-sheet, the expressions 'charge-sheet' or 'final-report' are not used in the Code, but it is understood in Police Manuals of several States containing the rules and regulations to be a report by the police filed under s. 170 of the code, described as a 'charge-sheet'. In case of reports sent under s. 169, i.e., where there is no sufficiency of evidence to justify forwarding of a case to a Magistrate, it is termed variously i.e., referred charge, final report or summary, Gangadhar Janardan Mhatre v. State of Maharashtra, (2004) 7 SCC 768 (774). [Criminal PC, 1973, ss. 169, 170 and 173(2)]...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial