Decree Order and Judgment. Are they all same ?
By Joy Puri
Table of Contents
Introduction
In ancient times, the judgement of final court decisions used to vary from the cultures existent all around the globe although they shared common traits of public and formal processes so involved. Taking the view of Mesopotamia, the final decisions made by the respective kings or judges were publicly announced and inscribed on tablets for communal awareness and deterrence in the public purview.
Taking the insights of ancient Greek courts, specifically in democratic Athens, they used large citizen juries to vote on verdicts, reflecting collective judgment thereof. The jury used to consist not only the judges but experts from different fields. In Rome, professional judges delivered final decisions publicly in the public forums, with vast records, thereby contributing to legal foundations of the system.
Talking about the scenarios prevailing in medieval Europe, justice was decentralized with local lords of the respective places, but later the tales were narrated by centralized royal courts which delivered public verdicts to reinforce authority in the country. These practices in the jurisdiction ensured transparency, accountability, fairness and community respect for the rule of law in the society.
Decree
In the perspective of Indian law, a decree is referred to a formal and authoritative order of the court which conclusively determines the rights of the parties with regard to all or any of the matters in controversy in a suit. The aforementioned concept of a decree is opined under Section 2(2) of the Code of Civil Procedure, 1908 (CPC). It is defined as a judicial decision that settles the issues between the parties. A decree is distinctive from a mere order or judgment because it addresses the substantive rights of the parties involved in the pertaining case thereof.
Furthermore, A decree can be either preliminary or final in nature. A preliminary decree is stipulated as the one which determines the rights of the parties but does not completely dispose off the suit in the proceedings. It is an intermediate stage, leading to a final decree, which completely adjudicates the dispute between the parties and terminates the suit.
In furtherance to the antecedent, a decree can also be classified as ex parte or consent decree. An ex parte decree is generally passed in the absence of the defendant, typically when the defendant does not appear despite being duly summoned by the court of law. On the other hand, a consent decree is based on the mutual agreement of the parties involved in the litigation of the pertaining suit.
The essential elements of a decree include:
There must be a formal expression of an adjudication.
The adjudication must have been given in a suit.
The adjudication must have determined the rights of the parties regarding all or any of the matters in controversy in the suit.
The determination must be conclusive in nature.
Order
The term “order” signifies a formal directive or decision which is issued by a judicial authority, administrative body, or governmental entity, thereby impacting the rights and duties of individuals or organizations in its pursuance. Judicial orders, under the Civil Procedure Code and Criminal Procedure Code, can be widely bifurcated into interlocutory and final orders.
Interlocutory orders are temporary directive decisions issued during the pendency of a case to manage ongoing proceedings or provide immediate relief to the respective parties of the suit, such as injunctions or bail orders. On the other hand, final orders resolve the matter conclusively, including judgments that determine the rights of parties involved or sentencing orders in criminal cases thereof.
A crucial function of orders in Indian law is that they must be issued by competent authorities with jurisdiction over the matter conferred by the law. They are legally binding, should be affected with compliance from the parties involved in the pertaining suit.
Orders typically include detailed reasoning to justify the decisions made by the courts of law, promoting transparency and accountability in the legal process. Non-compliance with court orders can result in serious consequences, including contempt of court proceedings therefore resulting into monetary fines, penalties or imprisonment.
Judgement
A judgment is considered as the formal decision made by a court in a legal case, wherein the main constituents being, the court’s findings, reasoning, and the final verdict being released. A judgment is a crucial document which provides in detail account of the court’s analysis and conclusions thereof. The judgment frames specific legal questions or issues that need to be resolved, guiding the court’s analysis in the respective case and the court’s reasoning.
An integral part of the judgment is dedicated to the findings of facts and the factual matrix of the pertaining case, where the court evaluates the evidence presented during the trial of the case. This section is crucial as it determines the factual matrix on which the legal principles will be applied for attaining the justice thereof. Following this, the judgment delves into legal reasoning, where the court applies relevant laws, statutes, and judicial precedents to the established facts in the case.
This analysis often involves interpreting statutes in an effective manner, evaluating the applicability of precedents, and articulating the legal doctrines that govern the case of the parties.
When is a foreign judgement not conclusive?
A foreign court refers to any court of law which is situated outside thew territory of India and which is not established or continues by the authority of the central government. The judgement passed by the foreign court is a foreign judgement.
A foreign judgement is not considered conclusive when in the matter the case has been directly adjudicated, or is between the same parties, or is of the same title.
Although, with regards to the judgement being conclusive there are existing exceptions to it. The exceptions include that when a case is of Incompetent Jurisdiction, or is against the merits of the case, if there is incorrect view of international law or does not respect the law of the very own nation, if the judgement is obtained by the, means of fraud, the claim is the breach of law or the judgement passes by the foreign court stands against the principles of natural justice.
Conclusion
The final decisions passed by the courts of law represent the fairness and the scope of transparency in our country. The finality of the decisions therefore reflects the hardwork of the judiciary and its commitment to uphold the public and general will over the individual interests. It shows the passion for achieving justice in the country by building decisions promoting and preserving the integrity and fraternity in the nation.
Disclaimer:
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