Final Decision - Law Dictionary Search Results
Home Dictionary Name: final decisionFinal decision
Final decision, A decision is said to be final when so far as the Court rendering it is concerned, it is unalterable except by resort to such provisions of the Code of Civil Procedure as permit its reversal, modification or amendment. Similarly, a final decision would mean a decision which would operate as res judicata between the parties if it is not sought to be modified or reversed by preferring an appeal or a revision or a review application as is permitted by the Code, Venkata Reddy v. Pethi Reddy, AIR 1963 SC 992 (994): (1963) Supp 2 SCR 616....
final decision
final decision a court's decision that resolves the claims of the parties and leaves nothing further for the court to do but ensure that the decision is carried out. Source: Federal Judicial Center ...
Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
Finding
Finding, the word 'finding', will only cover material questions which arise in a particular case for decision by the authority hearing the case or the appeal which, being necessary for passing the final order or giving the final decision in the appeal, has been the subject of controversy between the interested parties or on which the parties con-cerned have been given a hearing, C.I.T. v. Vadle Pulliah, AIR 1973 SC 2434 (2436). [Income Tax Act, 1922 s. 34(3), Second Proviso] I.T.O. v. Murlidhar Bhagwandas, AIR 1965 SC 342: (1964) 6 SCR 411.The expression 'finding' means a finding necessary for giving relief in respect of the assessment for the year in question and, therefore, no decision can be said to be a finding within the meaning of this provision unless it can be said of it that it was necessary for the disposal of the appeal or proceeding, Commissioner of Income Tax v. S. Raghubir Singh Trust Through Chairman Major Harjender Singh, AIR 1980 SC 98: (1980) 2 SCC 212.Means the year ...
Interlocutory order
Interlocutory order, it has to be construed in con-tradiction to or in contrast with final order. It means not a final order, but an intermediate order. It is made between the commencement of an action and the entry of the judgment, V.C. Shukla v. C.B.I., AIR 1980 SC 962 (976). (Order XXXIX, Rule 6, CPC, 1908)The term 'interlocutory order' in S. 397(2) of the 1973 Code (Cr. P.C.) has been used in a restricted sense and not in any broad or artistic sense. It merely denotes orders of a purely interim or temporary nature which do not decide or touch the important rights or the liabilities of the parties. Any order which substantially affects the right of the accused, or decides certain rights of the parties cannot be said to be an interlocutory order so as to bar a revision to the High Court against that order, because that would be against the very object which formed the basis for insertion of this particular provision in S. 397 of the 1973 Code, Amar Nath v. State of Haryana, AIR 1977 ...
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....
Decision
Decision, a 'decision' does not merely mean the 'conclusion' it embraces within its fold the reasons which form the basis for arriving at the 'conclusions', Mukhtiar Singh v. State of Punjab, (1995) 1 SCC 760: AIR 1995 SC 686 (690). [Cr. PC, 1973, s. 354(1)(b)]Decision, a judgment.Decision, the word is used in the matter of the request by a party to nominate an arbitrator does not of itself mean that an adjudicatory decision is contemplated, Konkar Railway Corporation Ltd. v. Rani Construction Pvt. Ltd., (2002) 2 SCC 388.Decision, in such a situation cannot be held to be a decision till it attains finality, Rekha Mukerjee v. Ashish Kumar Das, (2004) 1 SCC 483.Decision, is not synonymous with 'judgment or order' but meant a decision or part of a decision in respect of which the House of Lords had granted leave to appeal, Regina (Jones) v. Ceredigion County Council, (2005) 1 WLR 3626 [Administration of Justice Act, 1969, s. 13(2)(a) (UK)]...
Contest
Contest, the meaning of the word 'contest' is according to Black's Law Dictionary, to make defence to an adverse claim in a Court of law, to oppose, 'resist or dispute; to strive to win or hold: to controvert, litigate, call in question, challenge to defend. The contest continues right up to the final decision or, in other words the right to contest comes to an end only when a final decision is given one way or the other putting an end to the litigation between the parties with regard to the alienation, Darshan Singh v. Ram Pal Singh, 1992 Supp (1) SCC 191: AIR 1991 SC 1654. 1665, [Punjab Customs (Power to Contest) Act, (2 of 1920), s. 7]...
decision
decision : an authoritative determination (as a decree or judgment) made after consideration of facts or law ;also : a report or document containing such a determination see also memorandum decision compare disposition, finding, holding, judgment, opinion, ruling, verdict NOTE: A decision, while being an authoritative determination of a disputed issue, does not have to be a final determination closing the case. Some interlocutory decisions may be appealed. de·ci·sion·al [-zhə-nəl] adj ...
award
award [Anglo-French awarder agarder to look at, decide on, impose, alteration of Old French esguarder to look at, from es-, intensive prefix + guarder to guard] 1 : to give in accordance with a judicial or administrative determination or decision [ punitive damages] 2 : to grant as deserved [ed the contract to the lowest bidder] n 1 : a judgment or final decision: as a : arbitrator's award b : a formal decision regarding benefits in a workers' compensation claim 2 : something granted esp. on the basis of merit or entitlement: as a : a contract won by a successful bidder b : relief usually in the form of money (as damages or alimony) granted to a party in a legal proceeding ...
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