Showing posts with label Judicial exams. Show all posts

Thursday, 25 August 2022

Section as it is in the bare Act:

11A. Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen.- Where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a Labour Court, Tribunal or National Tribunal for adjudication and, in the course of the adjudication proceedings, the Labour Court, Tribunal or National Tribunal, as the case may be, is satisfied that the order of discharge or dismissal was not justified, it may, by its award, set aside the order of discharge or dismissal and direct reinstatement of the workman on such terms and conditions, if any, as it thinks fit, or give such other relief to the workman including the award of any lesser punishment in lieu of discharge or dismissal as the circumstances of the case may require: Provided that in any proceeding under this section the Labour Court, Tribunal or National Tribunal, as the case may be, shall rely only on the materials on record and shall not take any fresh evidence in relation to the matter.

Read more about Labour Law

Monday, 18 July 2022

Administrative law one liner notes - Part 2

Vande Matram!

Government has to administer the State and its people by making various rules and regulations. The working of the government to administer the State is to abide by various administrative laws. Here are some one liners for your notes to prepare any judicial exam.

Part 1

· Both the Union and the states are divided into three great departments, namely,

o (1) the executive,

o (2) the legislature, and

o (3) the judiciary.

· Executive may act in exercise of the executive power of the Union or of a state or it may act under the authority of a specific statute or subordinate legislation.

· The exercise of all administrative powers is subject to the rule of law.

· The legal control may be exercised by three authorities, namely,

o (1) the legislature,

o (2) the higher executive, and

o (3) the judiciary.

· Administrative law concerns itself mainly with the legal control of the government or of administrative authorities by the courts.

· In general the public law deals with the relations between the states on the one hand and the individual or groups of individuals or associations on the other hand. Whenever a question arises as to the relationship in various circumstances between the state and the individual, it falls in the domain of public law; for instance, constitutional law, administrative law, criminal law, law of taxation etc., are all branches of public law.

Administrative law one liner notes - Part 1

Vande Matram!

· The expression "Administrative Law" may mean two different things, namely,

o (a) law relating to administration, and

o (b) law made by the administration.

· There are again two types of law made by the administration:

o Rule making - rules, regulations, orders, schemes, bye-laws, etc made by the administrative authorities on whom power to make such subordinate legislation is conferred by a statute.

o Adjudication - certain administrative authorities have power to decide questions of law and/ or fact affecting particular person or persons generally.

· Most of such powers to decide questions of law and/ or fact affecting particular person or persons generally are exercised quasi-judicially.

· Administration is government or a department of government or an agency of the government.

· Under the Constitution of India the powers of the state are divided between the Union (including the Union Territories) on the one hand and the states on the other hand.

Thursday, 19 May 2022

Reproductive Right of a woman: Part 1

Vande Matram! This is article based on multiple choice questions on feminist jurisprudence and gender justice in India. This is a series.

1) Over the last decade, Indian courts have issued several notable decisions recognizing women’s reproductive rights as part of the __________ implicitly protected under the fundamental right to life.

a) inalienable survival rights

b) human rights

c) fundamental rights

d) none of the above

Ans. a) inalienable survival rights

If you say that someone has an inalienable right to something, you are emphasizing that they have a right to it which cannot be changed or taken away.

2) ___________ disproportionately harm women due to their capacity to become pregnant and legal protection of these rights as human rights is critical to enable gender justice and the equality of women.

a) Violation of right to life

b) Violations of reproductive rights

c) Violation of right to equality and non-discrimination

d) Violations of fundamental rights

Ans. b) Violations of reproductive rights

3) India is signatory to _________ which recognizes reproductive rights.

a) Abolition of Forced Labour Convention (AFLC)

b) Employment Service Convention, (ESC)

c) Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

d) Labour Statistics Convention (LSC)

Ans. c) Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

4) India is signatory to _________ which recognizes reproductive rights.

a) International Convention to Facilitate the Importation of Commercial Samples and Advertising Material (ICFICSAM)

b) Aircraft Protocol to the Cape Town Treaty (APCTT)

c) Animal Production and Health Commission for Asia and the Pacific (APHCAP)

d) International Covenant on Civil and Political Rights (ICCPR)

Ans. d) International Covenant on Civil and Political Rights (ICCPR)

5) India is signatory to _________ which recognizes reproductive rights.

a) International Covenant on Economic, Social and Cultural Rights (ICESCR)

b) Kyoto Protocol (KP)

c) Employment Policy Convention (EPC)

d) Genocide Convention (GC)

Ans. a) International Covenant on Economic, Social and Cultural Rights (ICESCR)

6) India is signatory to _________ which recognizes reproductive rights.

a) Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (OPSCCPCP)

b) Convention on the Rights of the Child (CRC)

c) Convention on the Rights of Persons with Disabilities (CRPD)

d) Constitution of the International Organization for Migration (CIOM)

Ans. b) Convention on the Rights of the Child (CRC)

7) __________ of the Indian Constitution and the judiciary has established that the government has a constitutional obligation to respect international law and treaty obligations.

a) Article 51(a)

b) Article 51(b)

c) Article 51(c)

d) Article 51(d)

Ans. c) Article 51(c)

8) Although India was among the first countries in the world to develop legal and policy frameworks ___________, women and girls continue to experience significant barriers to full enjoyment of their reproductive rights, including poor quality of health services and denials of women’s and girls’ decision-making authority.

a) for criminalization of abortions

b) imparting justice to rape victims

c) guaranteeing forceful family planning operations of majority community

d) guaranteeing access to abortion and contraception

Ans. d) guaranteeing access to abortion and contraception

9) In which cases the Delhi High Court stated that “these petitions focus on two inalienable survival rights that form part of the right to life: the right to health which would include the right to access and receive a minimum standard of treatment and care in public health facilities and in particular the reproductive rights of the mother.”

a) Laxmi Mandal v. Deen Dayal Harinagar Hospital & Ors.

b) Jaitun v. Maternity Home, MCD, Jangpura & Ors.

c) Both a) and b)

d) None of these

Ans. c) Both a) and b)

Laxmi Mandal v. Deen Dayal Harinagar Hospital & Ors. and Jaitun v. Maternity Home, MCD, Jangpura & Ors., these two cases were concerning denials of maternal health care to two women living below the poverty line. In these cases by citing CEDAW and ICESCR, the decision held that “no woman, more so a pregnant woman should be denied the facility of treatment at any stage irrespective of her social and economic background…This is where the inalienable right to health which is so inherent in the right to life gets enforced.”

10) The High Court of Madhya Pradesh in __________, opined that “the inability of women to survive pregnancy and child birth violates her fundamental right to live as guaranteed under Article 21 of the Constitution of India” and “it is the primary duty of the government to ensure that every woman survives pregnancy and child birth.”

a) Mayank Rastogi vs Sh. V K Bansal & Osrs

b) Shankaria vs State Of Madhya Pradesh

c) Chander Kanta Bansal vs Rajinder Singh Anand

d) Sandesh Bansal v. Union of India

Ans. d) Sandesh Bansal v. Union of India

Importantly, the Bansal decision specifically rejected financial constraints as a justification for reproductive rights violations, and established that government obligations under Article 21 require immediate implementation of maternal health guarantees in the National Rural Health Mission, including basic infrastructure, such as access to blood, water, and electricity, in health facilities; timely maternal health services and skilled personnel; and effective referral and grievance redressal mechanisms where maternal health care is denied.

Thanks for reading till the end.

Read More

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Wednesday, 18 May 2022

Procedure of Civil Suit 2

Vande Matram! Moot Court is a practical subject of Law. Many a times you have to perform Court Proceedings in your practical exams. For that many problems are given to you from your college and you have to represent your case either from side of plaintiff / applicant or from side of defendant / non-applicant. The moot court practical gives you experience of actual court proceedings.

Also you have to appear for a viva-voce for the subject. In viva-voce the examiner may ask you about the cases you have observed during your training with a law firm and some questions about the general things may be asked. Here are some short questions and answers which may be asked apart from problems of moot court you have solved or cases you have observed during your training with a law firm.

Read Q1 to Q10 Here

Q11) What is Written Statement?

Ans. When the notice has been issued to the defendant, he is required to appear on the date specified in the notice. Before such date, the defendant is required to record his written statement i.e. his barrier against the claim raised by offended party. If time is specified by the Court then written statement must be filed within such time otherwise within 30 days from date of administration of notice issued by the Court.

Q12) What is contained in a written statement?

Ans. The written statement should specifically deny the allegations, which defendant thinks are false. Any allegation not specifically denied is deemed to be admitted. The written statement should also contain verification from the Defendant, stating that, the contents of written statement are true and correct.

Q13) What is replication by plaintiff?

Ans. Replication is a reply, filed by the plaintiff, against the "written statement" of Defendant and it should also specifically deny the allegations raised by the Defendant in written statement. Anything which is not denied is deemed to be accepted. Once Replication is filed, pleadings are stated to be complete.

Q14) How documentary proofs are filed in a civil suit?

Ans. Filing of Other Documents as documentary proofs – In civil suit many of a time documentary proofs are very necessary. Once, the pleadings are complete, then both the parties are given opportunity to produce and file documents, on which they rely, and to substantiate their claims. Filing of Documents should be admitted and taken on record. These documents are nothing but the documentary evidences under the Evidence Act.

Q15) How documents are admitted to the record of the civil suit by the Court?

Ans. Once the documents are filed by the parties then

· Documents filed by one party may or may not be admitted by opposite party

· In case documents are denied by opposite party, then they can be admitted by the witness presented by party whose documents are denied

· Once the document has been admitted it shall form a part of the record of court, and all the details of suit such as name of parties, title of suit etc, shall be inscribed on the document

· Documents, which are rejected i.e. not admitted, are returned to the respective parties.

· It is necessary that document should be filed in "original", and a spare copy should be given to the opposite party.

Q16) How issues are framed by the Court?

Ans. Issues are framed by the Court as follows

· Issues are framed, keeping in view the disputes in the suit, and the parties are not allowed to go outside the purview of "Issues".

· Issues may be of Fact or Law.

· At the time of passing final order, the court will deal with each issue separately, and will pass judgments on each issue.

Q17) How witness of person is taken in the court record?

Ans. If parties wish to produce some witness then

· The list of witnesses must be filed along with all the details such as name, age, occupation, address of correspondence, etc. within period as the court may fix or within the 15 days from date on which issues were framed by the Court.

· The parties may either call the witness by themselves, or can ask the court to send summons to them.

· In case court send summons to witness then the party which asked for such witness has to deposit money ' with the Court for their expenses, is known as "Diet Money".

· Any witness, who is not appeared before the court, if he is required by the court to do so, then the court may penalize in terms of fine.

· Finally on the date, the witness will be examined by both the parties

· Once, the Examination and Cross- Examination of witness is over, and also the admission and denial of documents, then the court will fix a date for final hearing.

Q18) How the final hearing will be conducted in a civil suit?

Ans. Final Hearing of a civil suit will be conducted by the court:

· On final hearing day, the final argument will take place

· The arguments should strictly be restricted to the issues framed

· Before the final Arguments, the parties with the permission of Court can amend their pleadings

· The court may refuse to listen for anything which is not contained in the pleadings

· Finally, the court will pass a "final Order", either on the day of hearing itself, or some other day which will fixed by the court.

Q19) What is certified copy of order?

Ans. Certified copy of order- It is the final order of court, and having the seal and stamp of court. It is useful, in case of Appeal or in case of execution of the order.

Thanks for reading till the end. Share this blog with your friends.

Thursday, 12 May 2022

Civil Suit

Q1) What is a civil case?

Ans. A civil case is a legal dispute between two or more parties.

Q2) When the process of a civil suit starts?

Ans. The process starts when someone files a lawsuit (plaintiff) against a single person or group of people (defendant).

Q3) What is the purpose of a civil suit?

Ans. The purpose of a lawsuit is usually to win compensation for damages, injuries or money that is lost as the result of an action taken by the defendant.

Q4) Enlist the types of civil suits?

Ans. The types of civil suits are A) Tort claims (injuries), B) Breach of contract claims, C) Equitable claims, D) Class action claims, E) Complaints against the government, etc.

Q5) What is meant by the complaint against the government?

Ans. If civil rights of a person are violated by the actions, orders of the government then he can approach to the Court for compensation for such violation of his /her civil rights, such a complaint against the orders or actions of the government is called as the complaint against the government, e.g. reservation of a land having private ownership for public purpose under the Maharashtra Regional Town Planning Act, 1966 and non acquisition of such land within 10 years from publication of Development plan of the city.

Q6) What is meant by class action suit?

Ans. Class action suit is similar to tort case, except the “plaintiff” is actually a group or class of people. The “defendant” is often a corporation that is accused of negligence or intentional acts that caused many injuries, e.g. a company that exposes people to hazardous substances and claim for damages by such people is class action suit.

Q7) Explain equitable claims.

Ans. With equitable claims, the plaintiff asks the court to order a company or individual to refrain from doing something, which is known as an injunction. This type of case is not about a monetary reward for a past injury but is done to prevent a future harmful act. Equitable claims might ask the court to stop a developer from building a commercial plaza in a residential area, or ask a beef seller to shift his shop from residential area of pure vegetarians to the residential area of non-vegetarian people, etc.

Q8) Explain breach of contract claims

Ans. This type of civil claim involves a dispute over a contract. Contract disputes can involve multiple businesses or individuals. Any partnership or client relationship relies on a contract to ensure both parties do what has been promised. When one party breaks the agreement, for any reason, a lawsuit is often the result, e.g. non-execution of sale deed of an immovable property as per the conditions of agreement to sale.

Q9) Explain tort claims.

Ans. Tort claims might be filed against a business or an individual and involves accusations of alleged negligence. In this case, the plaintiff asks for punitive damages to compensate for medical bills, lost time at work or money spent replacing damaged property, e.g. fraud, defamation, emotional distress, invasion of privacy, etc.

Reference:

5 BASIC TYPES OF CIVIL CASES

Thanks for reading till the end. Share this blog with your friends.

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Tuesday, 30 November 2021

C-127 Maximum Weight Convection 1967

Vande Matram! In this article, I am sharing some one-liners about C-127 Maximum Weight Convention, 1967.

· This is a labor welfare-related treaty and is concerned with permissible weight to be carried by one worker.

· Date of Adoption: 28th June 1967

· Date of coming into force: 10th March 1970

· Place: Geneva

· Passed in General Conference of International Labour Organisation (ILO)

· It was the 51^st session of ILO conducted on 7^th June 1967

· As per the C-127 convention of ILO, “Manual transport of loads” means any transport in which the weight of the load is wholly by one worker, it covers the lifting and putting down of the loads.

· As per the C-127 convention of ILO, “Regular Manual Transport of Loads” means which is continuously and principally devoted to the manual transport of the loads, or which normally includes, even though intermittently, the manual transport of loads.

· As per the C-127 convention of ILO, “young worker” means a worker under 18 years of age.

· This convention applies to all branches of economic activities.

· As per Article 3 of C-127, if carrying loads is creating serious health hazards to a person then such person shall not be permitted to do the job of manual transportation of loads.

· Article 5 of C-127 makes it compulsory that a worker who is assigned a job of manual transport of loads on regular basis should be trained adequately to avoid any health hazards as well as accidents.

· Article 7 of C-127 limits the number of women and young workers for manual transport of heavy loads, and if they are assigned for this work then they must carry substantially lesser load permissible to carry for adult male workers.

· The ratification of the members must be registered with the Director-General of ILO

· After ratification, the member nation should implement the provisions of this C-127 by way of laws and acts as per the national practice within 12 months from such ratification.

· India ratified the C-127 convention of ILO on 26^th March 2010 and it is now in force in India.

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Thanks for reading till the end. Please share this with friends and family and comment me the treaty name you want to know more about.

Monday, 8 February 2021

Contribution Between Judgement-Debtors

Code of Civil Procedure

Liability under a decree:

Persons liable jointly and severally under a decree are in the same position as joint promisors.

All the liable persons will bound a contribution to the extent of their respective shares towards the discharge of the decree. e.g. If A and B are the persons liable jointly and their share is 20% and 80% respectively then A have to contribute 20% towards discharge of the decree and B have to contribute 80% for the same.

A co-debtor may not be liable to contribute if he shows that the other co-debtor had an amount of joint money sufficient to discharge the decree. e.g. If A and B are the persons liable jointly and their share is 20% and 80% respectively. If A proves that B is having joint money which is sufficient to discharge the decree then A may not be liable to contribute towards discharge of decree.

A decree-holder can recover his decretal debt from one or more or any of the judgment-debtors and the latter can compel contribution from the other judgment debtors, who have not been compelled to pay. e.g. D is a decree-holder who can recover his decretal debt from A, B and C who are the judgement debtors. If D recovers all of his decretal debt from A then A can compel the contribution from B and C.

In the absence of a contract to the contrary, the liability to contribute is not affected by the release of any judgment-debtor by the decree-holder.

Vayangara Vadaka Vittil Manja v Pariyangot Padingara Kurupath Kadugochen

The question as to whether there is any right of contribution as between persons against whom a joint decree has been passed depends upon the question whether the defendants, in the former suit were wrong-doers in the sense that they knew or ought to have known that they were doing an illegal or wrongful act. In that case, no suit for contribution will lie. If an act is manifestly unlawful, or the doer of it knows it to be unlawful as constituting either a civil wrong or a criminal offense, he cannot maintain an action for contribution or indemnity to him for the commission of such act is also void. Thus, where a decree for costs against two defendants jointly was executed against one of them, who had set up a false defense in the suit in collusion with the other, and the former sue the latter for contribution. It was held that the suit would not lie.

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Further reading:

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Reference:

1) Ipleaders

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Saturday, 16 January 2021

Deemed Decree

Deemed Decree

As such the word deemed indicate it is not in actual but by statutory fiction for the purpose of extending meaning of the word decree which it does not expressly cover. So, a deemed decree is a decree because of this statutory fiction or legal fiction.

A deemed decree is one which, though not fulfilling the essential features of a decree as required by the Code has been expressly categorised as a decree by the legislature. The rejection of a plaint and the determination of questions of facts are deemed decrees.

An adjudication which does not formally fall under the definition of decree stated under Section 2(2) of the Code of Civil Procedure but due to a legal fiction, they are deemed to be decrees are considered as deemed decrees.

As mentioned under sec-2(2) that the rejection of plaint and determination of any questions under section 144 of the code shall deemed to be a decree but shall not include:

(a) any such sentence (adjudication) from which it appears that an appeal lies as an appeal from an order, or

(b) any such order of discharge (dismissal) of default.

Rejection of plaint and determination of the issue of restitution of decree are deemed decree. Also, an adjudication under Order XXI Rule 58, Order XXI Rule 98 and Order XXI Rule 100 are also deemed decrees.

For more reading please visit

Code of Civil Procedure

Section 2. Definitions.

Section 144. Application for restitution.

Difference between Judgement and Decree

Reference:

1) https://blog.ipleaders.in/judgement-and-decree-under-cpc/

2) https://blog.ipleaders.in/introducing-decree/

3) https://www.icsi.edu/docs/portals/25/CPC%20Notes-Amish%20Shah.doc#:~:text=Decree%2C%20Order%20%26%20Judgement-,Decree,be%20either%20preliminary%20or%20final.

4) http://mja.gov.in/Site/Upload/GR/Title%20NO.217(As%20Per%20Workshop%20List%20title%20no217%20pdf).pdf

5) http://www.legalservicesindia.com/article/1783/Understanding-of-the-term-Decree,-Order,-Judgment-and-Mesne-Profit.html

Friday, 15 January 2021

Judgment

Code of Civil Procedure

Bare Act:

(9) “judgment” means the statement given by the Judge of the grounds of a decree or order;

Part in red is reproduced as it is from the bare act.

Introduction:

The word ‘judgement’ is derived after combining two words namely, judge and statement. It is result or conclusion of act of judging. The Court, after the case has been heard, shall pronounce judgement. A judgement contains facts of the case, the issues involved, the evidence brought by the parties, finding on issues (based on evidence and arguments). Every judgement shall include a summary of the pleadings, issues, finding on each issue, ratio decidendi and the relief granted by the court. A judge in the judgement pronounced, always states the reasons for such a decision.

Pronouncement of judgment:

Pronouncement of a judgement means that after the hearing is completed i.e. after the Court has heard the pleadings of the parties, the judgement shall be announced by the Judges in an open Court, either at once or at some future day, after providing due notice to the parties or their learned counsels.

If a judgement is not pronounced immediately then it must be pronounced within 30 days from the date of the conclusion of hearing. However, sometimes it so happens that due to exceptional and some extraordinary reasons like a bank holiday, strike or some other situation it may be delivered within 60 days from the conclusion of the hearing. It is not mandatory for a judge to read out the whole judgement and it would be enough if only the final order is pronounced. The judge shall put the date on which the judgement was pronounced along with his signature. After the Amendment Act of 1976, the time limit was provided between the hearing of the arguments and the pronouncement of the judgement. Prior to this amendment no time limit was provided as such. Such a time limit was provided because there was indefinitely continuous imposition from all over India.

Pronouncement of judgment:

Rule 2 Order XX of Code of Civil Procedure, 1908 provides a judge with the right to pronounce the judgement which is already written but is not pronounced by his predecessor.

Copy of the judgment:

Once the judgement is pronounced the copies of that particular judgement should be immediately made available to the parties on payment of costs as specified. The costs for the copy of judgment may be specified in the rules and orders made by the High Court (H.C.). High Court can make such rules and orders as per the provisions specified in Order XX Rule 6B of the Code of Civil Procedure, 1908.

Contents of the judgement: -

According to Rule 4 Order XX of Code of Civil Procedure, 1908:

Judgements of a Court of Small Causes shall contain the points for determination and the decision thereon. While the judgments of other Courts shall contain: (a) summary of the pleadings i.e. a concise statement of the case; (b) issues i.e. the points for determination; (c) findings on each issue and the decision thereon; (d) ratio decidendi (reasons for such a decision); and (e) the remedy i.e. the relief granted.

Alteration of a judgement

Once a judgement is dated and signed by the judge it can only be altered or amended if:

The clerical errors i.e. the errors made by clerks; or
arithmetical errors i.e. errors made in numbers such as addition, subtraction, multiplication and division; or
errors due to accidental slips or omissions, i.e. errors took place when some essential element is left unnoticed etc. occur while drafting the judgment.

These errors in the judgment can be amended as per Section 152 of CPC after review of the said judgment as per Section 114 of CPC.

Further Reading:

Section 2. Definitions.

Section 33. Judgment and decree.

Section 114. Review.

Section 152. Amendment of judgments, decrees or orders.

Decree

Judgment

Difference between Judgement and Decree

Order XX Rule 2: Power to pronounce judgment written by Judge’s predecessor.

Order XX Rule 4: Judgments of Small Cause Courts and Other Courts.

Order XX Rule 6B: Copies of judgments when to be made available.

Reference:

1) https://blog.ipleaders.in/judgement-and-decree-under-cpc/

Decree

Code of Civil Procedure

Bare Act:

Section 2 Sub-section (2) “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 ¹*** 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.

Explanation.—A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final;

Note: 1***: The words and figures “section 47 or” omitted by s. 3, ibid., (w.e.f. 1-2-1977).

Part in red is reproduced as it is from the bare act.

Introduction:

The term decree can be termed as the judicial decision in a litigated cause rendered by a Court of equity. It is the determination of a cause in a Court of admiralty or Court of probate. The decree shall follow on judgment pronounced by Court after hearing the case/suit. Thus a decree is based upon judgment. Section 33 of the Code of Civil Procedure describes the term ‘Judgement and Decree’ together.

A decree always follows judgement and is based upon a judgement. It is divided into three types unlike judgement which is final in itself. A decree may be final or preliminary. It is a formal declaration or adjudication and is conclusive in nature. A decree may be delivered with an order. The decree contains the outcome of the suit and conclusively determines the rights of the parties with regard to the issues in dispute in the suit. After passing the decree, the suit stands disposed of since the rights of the parties are finally determined by the court.

For the execution of decree Order XXI of the Code lays down the provisions and procedure. A decree is appealable and even second appeal lies to High Court after the first appeal of a decree. A decree is passed only in civil suits and not in criminal matters.

According to Section 2(2) of the Code of Civil Procedure,1908 decrees are divided into three categories: a) Preliminary decree, b) final decree, c) partly preliminary and partly final decree.

The necessity of a Decree

The Code of Civil Procedure requires the passing of a decree in all the suits. A decree is based upon judgement and it also follows a judgement which is the reason why it is an indispensable and essential requisite. The decree is indispensable or an absolute requisite. It is an essential part of the ultimate outcome of the suit. An appeal can be made against a decree and not against a judgement. If the decree is absent an appeal cannot be ‘put in motion’.

Drawing up of a Decree

Rule 6A Order XX of Code of Civil Procedure,1908 states that a decree shall be drawn within 15 days of the judgement. An appeal can be favoured or preferred without filing a copy of a decree if it is not drawn within 15 days of the judgement.

For more reading please visit

Code of Civil Procedure

Section 2. Definitions.

Section 33. Judgment and decree.

Section 144. Application for restitution.

Order XX Rule

Difference between Judgement and Decree

Deemed Decree

Reference:

1) https://blog.ipleaders.in/judgement-and-decree-under-cpc/

2) https://blog.ipleaders.in/introducing-decree/

3) https://www.icsi.edu/docs/portals/25/CPC%20Notes-Amish%20Shah.doc#:~:text=Decree%2C%20Order%20%26%20Judgement-,Decree,be%20either%20preliminary%20or%20final.