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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...
Illegal, incorrect or irregular decree and void decree
Illegal, incorrect or irregular decree and void decree, the distinction between a decree which is void and a decree which is wrong, incorrect, irregular or not in accordance with law cannot be overlooked or ignored. Where a court lacks inherent jurisdiction in passing a decree or making an order, a decree or order passed by such court would be without jurisdiction, non est and void ab initio. A defect of jurisdiction of the court goes to the root of the matter and strikes at the very authority of the court to pass a decree or make an order. Such defect has always been treated as basic and fundamental and a decree or order passed by a court or an authority having no jurisdiction is a nullity. Validity of such decree or order can be challenged at any stage, even in execution or collateral proceedings. All irregular or wrong decrees or orders are not necessarily null and void. An erroneous or illegal decision, which is not void, cannot be objected in execution or collateral proceedings, B...
Void decree, illegal decree
Void decree, illegal decree, the distinction between a decree which is void and a decree which is wrong, incorrect, irregular or not in accordance with law cannot be overlooked or ignored. Where a court lacks inherent jurisdiction in passing a decree or making an order, a decree or order passed by such court would be without jurisdiction, non est and void ab initio. A defect of jurisdiction of the court goes to the root of the matter and strikes at the very authority of the court to pass a decree or make an order. Such defect has always been treated as basic and fundamental and a decree or order passed by a court or an authority having no jurisdiction is a nullity. Validity of such decree or order can be challenged at any stage, even in execution or collateral proceedings, Balwant N. Vishwamitra v. Yadav Sadashiv Mule, (2004) 8 SCC 706....
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...
Acting in any manner prejudicial to the main-tenance of public order
Acting in any manner prejudicial to the main-tenance of public order, The expressions 'law and order', 'public order' and 'security of the State' are distinct concepts though not always separate. Whereas every breach of peace may amount to disturbance of law and order, every such breach does not amount to disturbance of public order and every public disorder may not prejudicially affect the 'security of the State'. One has to imagine three concentric circles, in order to understand the meaning and import of the above expressions. 'Law and order' represents the largest circle within which is the next circle representing 'public order' and the smallest circle represents 'security of State'. It is then easy to see that an act may affect law and order but not public order just as an act may affect public order but not security of State. It is in view of the above distinction, the Act defines the expressions 'acting in any manner prejudicial to the security of the State' and 'acting in any ...
Final order
Final order, an order appealed against cannot be regarded as a final order, where it does not of its own force bind or affect the rights of the parties, Prem Chand Satramdas v. State of Bihar, AIR 1951 SC 14: (1950) SCR 799.The expression 'final order' has been used in contradistinction to what is known as 'interlocutory order' and the essential test to distinguish the one from the other has been discussed and formulated in several cases decided by the Judicial Committee. The test for determining the finality of an order is, whether the judgment or order finally disposed of the rights of the parties, V.C. Shukla v. State Through C.B.I., AIR 1980 SC 962: (1980) Supp SCC 92.Where the order of the Commissioner under s. 33A required the Income-tax Officer to look into the books of account of assessee and make an estimate in the light of the material based on those books and directed him to substitute his estimate for the income already assessed under s. 23(4) and modify the assessment acco...
Order
Order, does not mean only final order, Kanhikkamthoppu Parambil Radha v. Kondarappott Velayudhan, AIR 1994 Ker 412.Order, mandate, precept, command; also a class or rank.General orders are promulgated by courts for the proper regulation of their own proceedings, as the Consolidated 'Rules of the Supreme Court, 1883,' which are divided into orders, and subdivided into rules, which are amended from time to time; and particular orders are made to enforce a payment of money, to enforce obedience to justice, and compel that which is right to be performed.An order in a proceeding under Order XXI, Rule 90 is a 'judgment' inasmuch as such a proceeding raises a controversy between the parties therein affecting their valuable rights and the order allowing the application certainly deprives the purchaser of rights accrued to him as a result of the auction-sale, Redhey Shyam v. Shyam Behari Singh, (1970) 2 SCC 405: AIR 1971 SC 2337.The word 'order' which appears in a statute dealing with sales tax...
Writ
Writ [breve, Lat.], a judicial process, by which any one is summoned as an offender; a legal instrument to enforce obedience to the orders and sentences of the courts. For the particular writs, see their distinctive names, as assistance, capias, etc.The (English) Real Property Limitation Act, 1833, abolished all writs in real and mixed actions (except in dower unde nihil habet, quare impedit or ejectment), expressly naming sixty abolished writs (e.g., the writ of right de rationabili parte, of quo jure, of assize of novel disseisin, of entry sur disseisin in the quibus, of waste, of partition, and of per qu' servitia. See also Co. Litt.; Hargr. And Butler's Notes to s. 101, and Index to Notes, ibid. 18th Edn.The most used modern writ is the Writ of Summons, by which (corresponding to the 'Plaint' in a County Court) an action in the High Court of Justice is commenced. See SUMMONS, and for other writs in actions see EXECUTION, ELEGIT, FIERI FACIAS, POSSESSION, and VENDITIONI EXPONAS. For...
mandamus
mandamus [Latin, we enjoin, from mandare to enjoin] : an extraordinary writ issued by a court of competent jurisdiction to an inferior tribunal, a public official, an administrative agency, a corporation, or any person compelling the performance of an act usually only when there is a duty under the law to perform the act, the plaintiff has a clear right to such performance, and there is no other adequate remedy available ;also : an action in the nature of a writ of mandamus in jurisdictions where the writ is abolished compare cease-and-desist order at order, injunction, stay NOTE: Mandamus is an extraordinary remedy and is issued usually only to command the performance of a ministerial act. It cannot be used to substitute the court's judgment for the defendant's in the performance of a discretionary act. mandamus vb ...
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