What is the difference between judgement and decree

There are certain differences between Judgement, Decree and Order. The decisions given by the court of law are either orders or decrees. A decree is followed by a judgement that is pronounced by the court after hearing the case. It is important to note that decree and order are analogous to each other.

A judgment is passed by the court of law on the ground of decree or order. Judgement refers to the reasoning given by the court in order to support the decision. A judgement is said to be the final decision of the court on the said matter in the form of suit towards parties. Order 20, Rule 4 2 states that a judgement shall contain a concise statement of a case, point for determination, the decision thereon and all the reasons for such decisions.

Order 20, Rule 3 of CPC says that the judgement must be signed and dated by the judge while declaring it in the court. Once it is signed by the judge, the judgement is not allowed to be amended except in cases where there are arithmetical errors due to accidental omission. The provision for the same is stated in Section of the Code of Civil Procedure. The Court, after hearing the case shall deliver the judgment in the open court, soon after the completion of the hearing or on another day fixed by the court for that purpose, of which due notice will be given to the parties and their pleaders.

In cases, where the judgement is not delivered on the same day, every attempt shall be made by the Court to pronounce the judgement within 30 days from the date on which the hearing was concluded. There is an exception to this rule where, under extraordinary circumstances, the judgment might be extended to 60 days. A judgement should possess all the essentials of the case, reasoning and the basic contention on which the judgment is delivered.

The provisions of review of a judgement are mentioned in Section of the Code. The main objective is to examine the facts and judgements of the case again. Even though this section does not contain the limitations and conditions for the review, the same is laid down in Order 47 of the Code which contains 9 rules imposing the various conditions.

The following are the 9 rules:. A decree must include:. There should be an adjudication : It is the most essential feature of a decree. A former decision of the Judge on the dispute should be there. The decree is the final part of the judgment which deals with rights.

Hence we can say that judgment does deal with rights as well but at a written level. The explanation is done through the announcement of a decree. A judgment is also crispy, to the point and absolutely irrevocable hence the rights are not spelled out when the judgment is given. But the Decree is mainly an ascertaining of the detailed rights of the plaintiff based on their case future decided by the judge through their pronounced judgment.

A decree is a narration of the rights both the parties have in the court of law. The decree is partly shared of completely, it depends.

But the judgment has to be read out to its actuality. Judgment has more to with the step by step procedures from the understanding and conclusion derived from the hearing of both the parties involved. The decree is a presentation of the represented judgment through the substantive announcement of the legal, fundamental, constitutional and any other applicable rights the plaintiff and defendant can avail.

The judgment of the court cannot be appealed, cross-questioned in that particular court of law. The appeal can be done by going to the higher court in the hierarchy but not at that given moment. The Decree can be appealed to get clarity on the rights if unclear.

A decree can or may not be appealable. In short, a judgment cannot be appealed while a decree can be appealed. C Illegal a Possession : Meaning, Definition and Kinds of possession. According to Salmond, in the whole range of legal theory, there is no conception more difficult than that of Possession.

Damnum sine injuria. It is not necessary for a judge to give statement of ground in a decree. It is necessary that there must be formal expression of the decree. Judgement should state preciously the relief granted.

Decree must determinate the rights of the parties. Decree Follows after judgement.