Finality - Law Dictionary Search Results
Home Dictionary Name: finalityfinality
finality 1 : the state or condition of being final 2 : the principle that appeals may only be taken from final orders or judgments ...
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 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....
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 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)]...
Final
Final, The expression 'final' prima facie connotes that an order passed on appeal under the Act is conclusive and no further appeal lies against it. The expression 'final' may have a restrictive meaning in other contexts, but in s. 43 of the Delhi Rent Control Act, 1958 such a restrictive meaning cannot be given, for Chapter VI of the Act provides for a hierarchy of Tribunals for deciding disputes arising thereunder, South Asia Industries (P) Ltd. v. S.B. Sarup Singh, AIR 1965 SC 1442 (1447): (1965) 2 SCR 756. See also C.S.T. v. Super Cotten Bowl Refilling Work, AIR 1989 SC 922....
Judgment or final order
Judgment or final order, the judgment or final order, that finally disposes of the dispute between the parties so far as the High Court is concerned, as contrasted with an interlocutory judgment or order, Dhanalakshmi Vilas Cashew Co. v. President, Cashew Industries Staff Association, AIR 1962 Ker 1....
Final 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 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 ...
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