Final Decree Or Judgment - Law Dictionary Search Results
Home Dictionary Name: final decree or judgmentFinal 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 decree
final decree see decree ...
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...
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...
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...
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....
order
order 1 : a state of peace, freedom from unruly behavior, and respect for law and proper authority [maintain law and ] 2 : an established mode or state of procedure [a call to ] 3 a : a mandate from a superior authority see also executive order b : a ruling or command made by a competent administrative authority ;specif : one resulting from administrative adjudication and subject to judicial review and enforcement [an administrative may not be inconsistent with the Constitution "Wells v. State, 654 So. 2d 145 (1995)"] c : an authoritative command issued by the court [violated a court and was jailed for contempt] cease-and-de·sist order [sēs-ənd-di-zist-, -sist-] : an order from a court or quasi-judicial tribunal to stop engaging in a particular activity or practice (as an unfair labor practice) compare injunction, mandamus, stay consent order : an agreement of litigating parties that by consent takes the form of a court order final order : an order of a court...
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....
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....
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)...
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