Interlocutory - Law Dictionary Search Results
Home Dictionary Name: interlocutoryInterlocutory order
Interlocutory order, it has to be construed in con-tradiction to or in contrast with final order. It means not a final order, but an intermediate order. It is made between the commencement of an action and the entry of the judgment, V.C. Shukla v. C.B.I., AIR 1980 SC 962 (976). (Order XXXIX, Rule 6, CPC, 1908)The term 'interlocutory order' in S. 397(2) of the 1973 Code (Cr. P.C.) has been used in a restricted sense and not in any broad or artistic sense. It merely denotes orders of a purely interim or temporary nature which do not decide or touch the important rights or the liabilities of the parties. Any order which substantially affects the right of the accused, or decides certain rights of the parties cannot be said to be an interlocutory order so as to bar a revision to the High Court against that order, because that would be against the very object which formed the basis for insertion of this particular provision in S. 397 of the 1973 Code, Amar Nath v. State of Haryana, AIR 1977 ...
interlocutory appeal
interlocutory appeal an appeal from a nonfinal, or interlocutory, district court order, such as an injunction. An interlocutory order is issued during litigation of the case in the district court, not at the end of it. Interlocutory appeals are permitted by statute as an exception to the general policy requiring a final district court decision or order before an appeal is permitted. Source: Federal Judicial Center ...
Interlocutory
Interlocutory. an interlocutory order of judgment is one made or given during the progress of an action, but which does not finally dispose of the rights of the parties-e.g., an order appointing a receiver or granting an injunction, and a motion for such an order is termed an interlocutory motion. For rules as to interlocutory orders in proceedings in the Supreme Court, see R.S.C., Ords. L., LII....
interlocutory
interlocutory [Medieval Latin interlocutorius, from Late Latin interloqui to pronounce an interlocutory sentence, from Latin, to speak between] : not final or definitive [an order] ;broadly : made or done during the progress of an action esp. when delay would cause irreversible injury [an appeal] ...
interlocutory decree
interlocutory decree see decree ...
interlocutory injunction
interlocutory injunction see injunction ...
Interim 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...
Interlocutory application
Interlocutory application, is nothing but an applica-tion in the course of an action. It is a request made to a court for its interference in a matter arising in the progress of proceeding, Harihar Nath v. State Bank of India, (2006) 4 SCC 457: (2006) 4 JT 241: (2006) 4 SCALE 43: (2006) 3 Supreme 324: (2006) 3 Supreme 566: (2006) 3 SLT 335: (2006) 5 SCJ 21: (2006) 5 SCJD 587: (2006) 5 SRJ 229: (2006) 131 Comp Cas 119 (Civil Procedure Code, 1908, s. 94 & O. 39, r. 1)....
Temporary injunction or interlocutory injunction
Temporary injunction or interlocutory injunction, means such injunction may be granted at any period of a suit and are regulated by Code of Civil Procedure, 1908....
Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
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