Final Decision - Law Dictionary Search Results
Home Dictionary Name: final decision Page: 2Interim orders/interlocutory orders
Interim orders/interlocutory orders, passed during the pendency of a case, fall under one or the other of the following categories:(i) Orders which finally decide a question or issue in controversy in the main case.(ii) Orders which finally decide an issue which materially and directly affects the final decision in the main case.(iii) Orders which finally decide a collateral issue or question which is not the subject-matter of the main case.(iv) Routine orders which are passed to facilitate the progress of the case till its culmination in the final judgment.(v) Orders which may cause some inconvenience or some prejudice to a party, but which do not finally determine the rights and obligations of the parties, Midnapore Peoples' Co-op. Bank Ltd. v. Chunilal Nanda, AIR 2006 SC 2190. Civil Procedure Code, 1908, O. 39, r. 1...
report
report : a usually detailed account or statement: as a : an account or statement of the facts of a case heard and of the decision and opinion of the court or of a quasi-judicial tribunal determining the case b : a written submission of a question of law (as by a lower court) to an appellate court for review before final decision is entered c : a usually formal and sometimes official statement giving the conclusions and recommendations of a person (as a master) or group (as a legislative committee) authorized or delegated to consider a matter or proposal [the committee made an unfavorable on the bill] d : a usually formal account of the results of an investigation given by a person or group delegated or authorized to make the investigation e : an analysis of operations and progress and a statement of future plans made at stated intervals by an administrator or executive or group of executives to those to whom such a report is owed [the board of directors issued its annual to th...
Quasi judicial
Quasi judicial, the expression 'quasi judicial' is not always used with clarity and accurately. Custo-dian, though not a court in the ordinary sense, is an authority which exercises judicial functions or functions analogous to the judicial, and thus he is described as a 'quasi judicial' authority, Parduman Singh v. State of Punjab, AIR 1958 Punj 63.It is a term that is ............ not easily definable. In the United States, the phrase often covers judicial decisions taken by an administrative agency -- the test is the nature of the tribunal rather than what it is doing. In England quasi-judicial belongs to the administrative category and is used to cover situations where the administrator is bound by the law to observe certain forms and possibly hold a public hearing but where he is a free agent in reaching the final decision. If the rules are broken, the determination may be set aside, but it is not sufficient to show that the administration is biasedin favour of a certain policy, or...
Umpire
Umpire [fr. imperator or impar, Lat.]. A submission to arbitration usually provides that in case of arbitrators not agreeing in an award, the matters in dispute shall be decided by a third person, who is called an umpire. The umpire's authority commences when arbitrators are unable to agree, but if there be a time limited for the award, his authority absolutely commences from such time. the umpire, when called upon to act, is generally invested with the same powers as the arbitrators, and bound by the same rules and has to perform the same duties. See ARBITRATION and ARBITRATOR, and consult Russell on Arbitration.Also an officer appointed by the Crown who may also appoint one or more deputy umpires to hear appeals from Courts of Referee in connection with claims under the Unemployment Insurance Acts; see U.I. Act, 1935 (25 & 26 Geo. 5, c. 8), ss. 40, 44 and 45. See Selected Decisions of Umpire.An impartial person appointed to make an award or final decision usually when a matter has be...
Consultation
Consultation, in Words and Phrases (Permanent Edition, 1960, Volume 9, page 3) to 'consult' is defined as 'to discuss something together, to deliberate'. Corpus Juris Secundum (Volume 16A, Edn. 1956, page 1242) also says that the word 'consult' is frequently defined as meaning 'to discuss something together, or to deliberate'. By giving an opportunity to consultation or deliberation the purpose thereof is to enable the Judges to make their respective points of view known to the others and discuss and examine the relative merits of their view, High Court of Judicature for Rajasthan v. P.P. Singh, (2003) 4 SCC 239: AIR 2003 SC 1029 (1038). [Rules of High Court of Judicature for Rajasthan (1952), R. 15]A writ in the nature of a procedendo, whereby a cause, having been removed by prohibition from the Ecclesiastical Court to the King's Court, is returned thither again; for if the judges of the King's Court, upon comparing the libel with the suggestion of the party, find the suggestion false...
Necessary party, Proper party
Necessary party, Proper party, a necessary party is one without whom no order can be made effectively. A proper party is one in whose absence an effective order can be made but whose presence is necessary for a complete and final decision on the question involved in the proceeding. The addition of parties is generally not a question of initial jurisdiction of the Court but a judicial discretion which has to be exercised in view of all the facts and circumstances of a particular case, Ramesh Hirachand Kundanmal v. Municipal Corporation of Greater Bombay, (1992) 2 SCC 524 (528). [C.P.C. 1908, O. 1, R. 10 (2)]...
Necessary party
Necessary party, a necessary party is one without whom no order can be made effectively; a proper party is one in whose absence of effective order can be made but whose presence is necessary for a complete and final decision on the question involved in the proceeding, Udit Narain Singh Malpaharia v. Additional member Board of Revenue, 1963 Supp (1) 676: AIR 1963 SC 786 (790). [Constitution of India Art. 22]...
Dewanny Adawlut
Dewanny Adawlut, a Court for trying revenue and other civil causes, Indian. The 'Sudder Dewanny Adawlut' (corrupted from Sadr-Divani-Adalat) is the Court of Final Decision for each Presidency in India, from which there is an appeal to the Judicial Committee of the Privy Council in England....
rehearing
rehearing : a reconsideration of a cause (as an appeal) after final decision or dismissal usually by the same tribunal that is usually granted due to some error in the original hearing and that may encompass new matters (as evidence or issues) ...
Award
Award [the primitive sense of ward is shown in the It. Guardare, Fr. regarder, to look. Hence, Prov. Fr. eswarder (answering in form to award), to inspect goods, and, incidentally, to pronounce them good and marketable; eswardenur, an inspector, Hecart. An award is accordingly, in the first place, the taking a matter into consideration and pronouncing judgment upon it; but in later times the designation has been transferred exclusively to the consequent judgment, Wedgw.], a document containing the determination of commissioners, under an Inclosure Act or other public statute; also an instrument embodying an arbitrator's decision on a matter submitted to him. It must follow the submission, but need not necessarily be in writing, unless so prescribed. An award is generally considered as published as soon as the arbitrator has done some act where by he becomes functus officio, and has declared, and can no longer change, his final mind. As soon as the award is executed, notice thereof shou...
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