Judicial Dictionary - D
Judicial Dictionary
Legislative Dictionary
Decree
| Category | D |
|---|---|
| Title | Decree |
| Details | A court order. The definition of the ‘decree’ means that where the proceeding of the court finally disposes off the suits so long as it remains on the record, it is a decree. [Badami Kaur v Dian Rai ILR 8 All 111 (FB)] If the ‘decree’ is one without jurisdiction, whether pecuniary, territorial or in respect of the judgment debtor- the executing court can go into the question of executability. [Hajee Md. Ahsanullah Vs. Arafatunessa Bibi (1981) 33 DLR (AD) 17] “Decree” means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within section 47 or section 144, but shall not include- (a) any adjudication from which an appeal lies as an appeal from an order, or (b) any order of dismissal for default. [Section 2(2) of the Code of Civil Procedure, 1908 (v of 1908)] |
| Created On | April 23, 2011, 9:04 AM |
| Hits | 879 |