What is Judgement decree and order?

What is Judgement decree and order?

Judgement means statement given by a Judge of the grounds of decree or order. 2. Decree is an adjudication conclusively determining the rights of the parties with regards to all or any of the matter in the controversy. Decree follows the judgment.

What comes first Judgement or decree?

The term decree is defined in Section 2(2) of Code of Civil Procedure, 1908. A decree always follows judgement and is based upon a judgement. After passing the decree, the suit stands disposed of since the rights of the parties are finally determined by the court. …

What is Decree mean?

(Entry 1 of 2) 1 : an order usually having the force of law a judicial decree by royal decree. 2a : a religious ordinance enacted by council or titular head a papal decree.

What is decree in law?

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.

What is difference between decree and order?

A decree is the official proclamation of the adjudication by the judge explaining the rights of the parties concerned with respect to the suit. An order is the official announcement of the decision taken by the court, defining the relationship of the parties, in the proceedings.

Can a decree be challenged?

The decree or judgment passed by the court can be challenged on the basis of the facts of the case and the legal interpretation of the legal provisions. In the cases where the party to the dispute raises any objection with respect to the territorial and pecuniary of the court passing the judgment and the decree.

What is the limitation for execution of decree?

Article 136 of the Limitation Act lays down that the period of execution of any decree apart from decree of mandatory injunction is 12 years whereas for any ‘application’ for which no period is prescribed, the same shall be 3 years vide Article 137 of the Limitation Act.

Is Consent Decree appealable?

There is no cavil with the settled law that consent decree being an agreement, like any other agreement, it is open to the parties to enter into compromise with reference to their rights and obligations under a decree. There is nothing in CPC or Ordinance which prevents parties from entering into such a compromise.

Can Lok Adalat order be challenged?

Award passed by Lok Adalat can only be challenged on limited grounds by initiating proceedings under Art 226 or 227 of Constitution. recently addressed a civil revision petition filed under Article 227 of the Constitution which challenged the decree order of the Small Causes Court, dated

What is the power of Lok Adalat?

Lok Adalat is a forum where the disputes/cases pending in the court of law or at pre-litigation stage are settled/compromised amicably. The Lok Adalat has been given statutory status under the Legal Services Authorities Act, 1987.

Which types of cases are decided in Lok Adalat?

• Criminal Compoundable Offences.
• NI Act cases under Section 138.
• Bank Recovery Cases.
• MACT cases.
• Labour Dispute Cases.
• Electricity and water bills ( excluding non-compoundable)
• Matrimonial disputes.
• Land Acquisition cases.

What are the advantages of Lok Adalat?

The advantages of Lok Adalats are:

• They work in the spirit of compromise and understanding which makes both parties feel satisfied.
• They deliver inexpensive and fast justice.
• They help in reducing the work load of other courts which enables them to look into more serious matters.

What happens in Lok Adalat?

A Lok Adalat has the jurisdiction to settle, by way of effecting compromise between the parties, any matter which may be pending before any court, as well as matters at pre-litigative stage i.e. disputes which have not yet been formally instituted in any Court of Law.

Who is the father of Lok Adalat in India?

Dr. Justice A.S. Anand, Judge, Supreme Court of India took over as the Executive Chairman of National Legal Services Authority on 17the July, 1997. Soon after assuming the office, His Lordship initiated steps for making the National Legal Services Authority functional.

What are the functions of Legal Services Authority?

The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to monitor and evaluate implementation of legal aid programmes and to lay down policies and principles for making legal services available under the Act.

What are the 4 types of law?

These four sources of law are the United States Constitution, federal and state statutes, administrative regulations, and case law.

Who are entitled to legal services?

Free legal advice and aid is given to people of all categories whose annual income is below INR 25,000 and to Scheduled Castes, Scheduled Tribes, Women, Children, people of weaker Sections, people with unsound mind, victims of communal violence, religious atrocities, floods, famine, earthquake or industrial …

What is the main aim of Nalsa?

The principal objective of NALSA is to provide free and competent legal services to the weaker sections of the society and to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities, and to organize Lok Adalats for amicable settlement of disputes.

Who is the head of Nalsa?

Sharad Arvind Bobde

What is Nalsa scheme?

NALSA (Victims of Trafficking and Commercial Sexual Exploitation) Scheme, 2015.

Which is the basic features of Lok Adalats?

1) There is no court fee and if court fee is already paid it will be refunded if the dispute is settled in Lok Adalat. 2) The parties to the dispute can directly interact with the judge through their counsel which is not possible in regular court of law.

What is the other name of Lok Adalat?

Lok Adalat (translation “People’s Court”) is a formal Indian judicial alternative dispute resolution forum that settles cases pending from the findings of a panchayat (an elected village council) and serves as the pre-litigation stage in a court of law.

What are permanent Lok Adalats?

Permanent Lok Adalats have been set up as permanent bodies with a Chairman and two members for providing compulsory pre-litigative mechanism for conciliation and settlement of cases relating to Public Utility Services like transport, postal, telegraph etc.

What is Lok Adalat in banking sector?

Lok Adalat institutions help banks to settle disputes involving account in “doubtful” and “loss” category, with outstanding balance of Rs. 5 lakh for compromise settlement under Lok Adalat. Debt recovery tribunals have been empowered to organize Lok Adalat to decide on cases of NPAs of Rs. 10 lakh and above.

What is suit file in banking?

suit-filed accounts regardless of amount claimed in the suit or amount of credit granted by a banking company or a credit institution; and. such transactions where the constituent has given consent for disclosure for such purpose.

What is the difference between DRT and sarfaesi act?

The first basic point of difference between the two tribunals is that DRT is regulated by SARFAESI Act and its Parent Act i.e. the DRT Act, on the other hand NCLT is regulated by the Companies Act and IBC.

How can I approach Lok Adalat for credit card settlement?

You have multiple options for settlement of the case. Approach the Bank directly. Approach the Banking Ombudsman Or approach the Consumer Court or Permanant Lok Adaalat all the forums will get settled with minimum constraints. You are on the sound footing and will succeed.