Final Decision - Law Dictionary Search Results
Home Dictionary Name: final decision Page: 3 Page 3 of about 46 results ( seconds)judgment
judgment also judge·ment [jəj-mənt] n 1 a : a formal decision or determination on a matter or case by a court ;esp : final judgment in this entry compare dictum, disposition, finding, holding, opinion, ruling, verdict NOTE: Under Rule 54 of the Federal Rules of Civil Procedure judgment encompasses a decree and any order from which an appeal lies. cog·no·vit judgment [kÄ g-nō-vit-] : an acknowledgment by a debtor of the existence of a debt with agreement that an adverse judgment may be entered without notice or a hearing : confession of judgment consent judgment : a judgment approved and entered by a court by consent of the parties upon agreement or stipulation : consent decree at decree declaratory judgment : a judgment declaring a right or establishing the legal status or interpretation of a law or instrument [seeking a declaratory judgment that the regulation is unconstitutional] compare damage, injunction specific performance at per...
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] ...
Shall be final
Shall be final, sub-s. (5) of s. 35 after the amendment states that the decision of the Commissioner of Sales Tax under this s. shall, subject to an appeal to the Tribunal, be final. In view of the language of the s., in our opinion, it cannot contemplate a further revision to the High Court against a decision of the Tribunal. 'Shall be final' means it is final and there is an end, Commissioner of Sales Tax v. Super Cotton Bowl Refilling Works, AIR 1989 SC 922: (1989) 1 SCC 643: (1989) 1 SCR 421...
Final 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...
Heard and finally decided
Heard and finally decided, the proceeding either civil or criminal shall be deemed to continue to be pending until it is heard and finally decided, that is to say, in a case where an appeal or revision is competent, until the appeal or revision is heard and finally decided or, where no appeal or revision is preferred, until the period of limitation prescribed for such appeal or revision has expired, Rama Dayal Markarha v. State of Madhya Pradesh, AIR 1978 SC 921: (1978) 2 SCC 630: (1978) 3 SCR 497.The expression 'heard and finally decided' in s. 11,CPC,1908 means a matter on which the court has exercised its judicial mind and has after argument and consideration come to a decision on a contested matter. It is essential that it should have been heard and finally decided, Pandurang Ramchandra Mandlik v. Shantabai Ramchandra Ghatge, AIR 1989 SC 2240 (2249): (1989) Supp 2SCR 1....
Suit
Suit, a following. It is used in divers senses:-(1) An action in the Supreme Court, or a proceeding by petition in the Divorce branch of that Court; a prosecution; a petition to a Court, etc. See Jud. Act, 1873, s. 100. By Jud. Act, 1925, s. 225, suit includes action.(2) Suit of Court, an attendance which a tenant owes to his lord's Court.(3) Suit Covenant, where one has covenanted to do suit and service in his lord's Court.(4) Suit Custom, where service is owed time out of mind.(5) Suithold, a tenure in consideration of certain services to the superior lord.(6) The following one in chase, as fresh suit, Cowel.The word 'suit' does not include an appeal or an application. [Limitation Act, 1963, s. 2 (l)]The word 'suit' will include appellate proceedings, Nachiappa Chettiar v. Subramaniam Chettiar, AIR 1960 SC 307: (1960) 2 SCR 209.The word 'suit' includes an appeal from the judgment in the suit. The only difference between a suit and an appeal is that an appeal only reviews and corrects...
prejudice
prejudice [Old French, from Latin praejudicium previous judgment, damage, from prae- before + judicium judgment] 1 : injury or detriment to one's legal rights or claims (as from the action of another): as a : substantial impairment of a defendant's ability to defend [the court found no to the defendant by the lengthy delay in bringing charges] b : tendency for a decision on an improper basis (as past conduct) by a trier of fact [whether an ex parte communication to a deliberating jury resulted in any reasonable possibility of to the defendant "National Law Journal"] c : implied waiver of rights and privileges not explicitly retained [District Court erred in attaching to prisoner's complaint for injunctive relief "National Law Journal"] 2 : a final and binding decision (as an adjudication on the merits) that bars further prosecution of the same cause of action or motion [dismisses this case with ] [the dismissal was without ] 3 a : an irrational attitude of hostility directed a...
Criminal Appeal Act, 1907 (English)
Criminal Appeal Act, 1907 (English) (7 Edw. 7, c. 23), came into force on the 19th April, 1908. For a great number of years the merits and demerits of criminal appeal have been discussed in this country.In 1844 Sir Fitzroy Kelly, in a remarkable speech in the House of Commons, advocated criminal appeal, the claim to which has also been recognized by Starkie, Sir John Holker, and Chief Baron Pollock; and even Blackstone,with whom, as Mr. Lecky has observed, admiration of our national jurisprudence was almost a foible, passed some severe criticisms on the stateof the criminal law of his day. In more recent times Lord James of Hereford (then Sir Henry James) introduced a criminal appeal bill into the House of Commons,which was supported by Lord Russell of Killowen (then Sir Charles Russell). And in 1889 Lord Fitzgerald, when introducing a measure into the House of Lords, said that the absene of any provision for rectifying errors andmistakes in criminal cases constituted a blot upon the c...
Determined
Determined, that when the court says in terms that an appeal is allowed or the application granted, or the appeal is dismissed or any application refused, that is a final determination, Regina (Denny) v. Acton Youth Court, (2004) 1 WLR 305Determined, imports a degree of finality and this is reinforced by the qualification, Reg. v. Home Secretary, Ex parte Salem (CA), (1999) 2 WLR 1....
In or in relation to
In or in relation to, the words 'in or in relation to' which occur in clause (b) are not repeated in clause (c). But these words occur in S. 476 both with reference to clause (b) and clause (c) of s. 195 (1). The interpretation of these words is not res integra. There was a conflict of judicial opinion in regard to the meaning and ambit of these words. Now, thus, the settled position is that the bar in s. 195(1)(b) of the Criminal Procedure Code, 1973 does not apply if there is no proceeding in any court at all when the offence mentioned in the aforesaid clause (1) has been committed. In other words, the s. contemplates only the proceedings pending or concluded and not in contemplation. The rationale behind these decisions is that if the two proceed-ings, one in which the offence is committed and the other, the final proceedings, in the same or a transferee court are, in substance, different stages of the same integrated judicial process, the offence can be said to have been committed ...
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