Judgement vs Decree
Judgment and decree are legal terms used in the court of law. Laws are a body of rules created and implied by a country.
The laws are procedurally practiced, executed and the implementation reflects on how fundamental rights duties are recognized.
The key difference between a judgment and a decree lies in the fact that judgment is a decision pronounced by the judge on the grounds that are presented while decree is the official proclamation of that judgment.
The judgment can also be called as an order. In other words, a judgment is an announcement done by defining both the parties’ presented cases on the bases of the history of the case and the finding of the court.
The decree relates to the explanation of the judgment in its parts as a synopsis. The synopsis is an overview given to the plaintiff and defendant.
A plaintiff is a party who has put the case or raised a complaint. A defendant is the other party at the receiving end.
Comparison Table Between Judgement and Decree (in Tabular Form)
|Parameters of Comparison||Judgment||Decree|
|Dealing- legal rights of Parties||The procedure of legal rights||Presents the sustentative legal rights|
|Clarity on rights||The rights are not clearly stated||All the rights of both parties are stated|
|Type||It's final||Preliminary, partly preliminary or can be partly final|
|Appeal||Judgment is non-appealable||A decree can be appealed|
|Meaning||It’s an announcement of the decision taken||It's an official declaration and explanation of the rights that the plaint has.|
What is Judgement?
They take in accord different takes of plaintiff and defendant based on the proceedings, finding based on factual evidence provided by applying the laws of the given country.
The decision the judge takes as being a part of the legislative body through the mentioned parameters is called judgment.
There can be one or more judgment pronounced depending on the case severity and the pertaining aspects. The jurisprudence is stated in section 2 (14) as given in the code of civil procedure act, 1908.
What is Decree?
A decree is the final part of the judgment pronounced. A judgment is passed by the judge based on their sound understanding of jurisprudence.
The decree is that part which gives out the legal rights the party at the receiving end has to seek other help in terms of going to the higher courts or reopening their case for further investigations.
Simply put, a decree is a legal right is written and verbal explanation as per the understanding given Section 2 (2) of the code of civil procedure act of 1908. Also, the decree is only one. The legal rights cannot be changed.
Main Differences Between Judgement and Decree
Taking the explanation ahead from ‘what is meant by judgment’, judgment is the act of announcement of the decision of the court based on the legal parameters understood between the plaintiffs, defendant in a trail or an appeal court.
The decree is subjected to further proceedings if required based on the understanding that the judge would narrate about the ascertainment of further rights.
The proper submission and detailing of a suit is important. Please read about ‘what is a lawsuit’ – HERE.
Dealing- legal rights of Parties
A judgment has more to deal with factual evidence and its representations and is not involved in what legal rights to the parties entail too.
Abiding by constitutional understanding everyone has equal rights to avail as per the civil codes of law.
But judgment is merely a final verdict based on jurisprudence and case hearings. 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.
Clarity on rights
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.
Frequently Asked Questions (FAQ) About Judgenebt and Decree
- How many types of Decree are there?
A Decree is a rule of law that is issued by the head of a state or any law authority which forces or guarantees something which is ordered by the issuing authority.
There are basically three types of Decree. They are as follows:
Preliminary Decree, Final Decree and the last is the partly preliminary and partly final decree.
- What is a decree absolute?
A decree absolute is a type of decree which the concerned issuing authority of law or the state issues in which it is stated that this particular decree will come into the play at a foreseeable future date unless and until a specific condition is met.
Unless the condition is met, then the ruling becomes the decree absolute.
- What comes first Judgement or decree?
In the case of judgment and a decree, the judgment comes first. A judgment contains all the information about that particular case and the issues which were raised during the hearing of that case.
After the judgment is given, then on its basis the decree sheet is drawn out.
- What is the operative part of a judgment?
It is the duty of the concerned judge who is announcing the judgment to clearly state the operative portion of the judgment.
This operative part of the judgment pronounces the end result or the conclusion which the judge has reached upon after hearing all the information and taking the evidence into concern.
- What is Judgement day in court?
A Judgement day in court refers to the day when the judge gives his final verdict over the case which he/she has been judging over the past few days or months.
On this day, the judge, after reviewing all the case evidence and files, comes to a conclusion about whether to give the decision in favor of the concerned party or not.
- How decree is executed?
There are various modes of executing a decree.
Some of the main ones are as follows: detention of the person, arrest, degree of position, attachment of the property, detention of the judgment debtor, partition, by sale, by the appointment of receiver, cross decrees, cross claiming the parties, payment of the money, etc.
- Can decree be challenged?
Yes, a decree can be challenged. It can be done on the basis of the facts that were presented in the case and also on the basis of the legal interpretations of the legal provisions.
It can also be done by the party in the dispute with respect to the pecuniary and territorial of the court.
Concluding, the decree is a component of judgment and needs to be passed through the presentation of the suit of the plaint.
The suit is the writing part of a complaint and plaint is the complaint itself. The passed decree is like an approval nod prior to the case presentation.
The decree is added as the last component when a judgment is pronounced as everyone has equal rights to avail of their government laws irrespective if they are at fault or not.
Ending with one final understanding that both judgment and decree are given by the civil court and formally expresses a decision taken.
Word Cloud for Difference Between Judgement and Decree
The following is a collection of the most used terms in this article on Judgement and Decree. This should help in recalling related terms as used in this article at a later stage for you.