“Law” implies the system of rules and regulations, which are based on different principles of justice, fairness and equality, so as to govern human activities. In law, Decree implies the legal and formal order, which specifies the rights and obligations of the parties concerned. On the other hand, the judgement refers to the decision taken by the judge, on the premise of order or decree.
As we know that thousands of cases are dealt in courts daily, on which judgement is pronounced, after which a decree follows. A decree comes into being, as and when the judgement is given and not on the date when the decree duly signed and sealed by the Judge.
Let’s move further to understand the difference between judgement and decree.
Content: Judgement Vs Decree
Comparison Chart
| Basis for Comparison | Judgement | Decree |
|---|---|---|
| Meaning | Judgement is a statement given by the judge which adjudicates all the issues concerning the lawsuit and specifies the rights and liabilities of the parties. | A decree is something which declares the consequences of the suit and specifically determines the rights and liabilities of the parties. |
| Defined in | Section 2(9) of the Code of Civil Procedure, 1908. | Section 2(2) of the Code of Civil Procedure, 1908. |
| Nature | Final | Preliminary, final or partly preliminary and partly final. |
| Part of the suit | Concluding part | Operating part |
| Passed in | Both civil and criminal cases | Civil cases only |
| Appealable | No | Yes |
| Sequence | First | Second |
| Formal Expression | Desirable | Necessary |
| Execution | Not capable of execution | Capable of execution |
Definition of Judgement
Judgement is basically the decision given by the court or tribunal, concerning the case and specifies the rights and liabilities of the parties involved. It is the ultimate result of the court case, which often resolves the dispute and terminates the entire suit. A judgement specifies the party who won the case and the remedies conferred to the winning party.
Essential Elements of Judgement
- A concise statement of the case
- Points of determination
- Decision
- Reasons for the decision
After the case is heard, the Judge pronounces the judgement in front of the entire Court, either on the same date or at a future specified date, for which proper notice is issued to the parties involved. The main objective of giving judgement is to support the final conclusion on which the judge arrived, with most logical and convincing reasons.
In simple words, it is what the judge of the case writes concerning all the points of issue in the matter and the decision as to those issues. It explicitly specifies that all the issues have been adjudicated.
So, every judgement given by the court is based on facts, witness, evidence, findings, etc and the conclusion thereon. Moreover, it specifies the basis and reasons to reach the decision.
Definition of Decree
A decree can be defined as an official and authoritative order or sentence, formally expressed in the court hearing, understanding all the points in issue and determining the rights of the plaintiff and defendant in the suit, after the judgement is given. It is a court’s declaration, in which it specifies the legal consequences considering the facts, witness and evidence submitted.
Essential Elements of Decree
- Formal Expression of Adjudication. Here adjudication refers to the judicial determination of the suit on the matters of controversy.
- Ascertainment of rights of parties to suit, conclusively.
- Rights are to be determined with respect to all or any of the matters in the dispute in the suit.
- Adjudication has to be given in the suit.
A decree is a conclusion, on which the judge arrives through reasoning after hearing the parties concerned, i.e. the plaintiff and defendant, on the merits and stating the same in writing. In simple words, decree constitutes the final part of the judgement and is drawn out from the judgement made. It carries the basic details and the result thereon.
The date on which the judgement is given is the date of a decree for the purpose of execution, however, it can be signed later on by the judge or the successor judge, but within 15 days. It states the number of the suit, name and details of parties concerned including their address, particulars of the claim, relief granted, cost incurred and who will pay the same.
It can be preliminary or final or partly preliminary and partly final, wherein preliminary decree does not depend on the final, but the final decree is based on preliminary one.
Key Differences Between Judgement and Decree
The difference between judgement and decree are discussed in the points given below:
- Judgement is the statement which particularizes the grounds and reasons for the decision by the Court, concerning the respective rights and liabilities of the parties to suit. On the contrary, Decree refers to the legal expression of adjudication, wherein the Court expressing it beyond any doubt states the rights and claims of the parties, concerning the matters of dispute in the lawsuit.
- Judgement is defined in Section 2(9) of the Code of Civil Procedure, 1908. Conversely, Decree is defined in Section 2(2) of the Code of Civil Procedure, 1908.
- Judgement is always final, whereas decree can be preliminary when further proceedings are required before the conclusion of the suit or it can be final. A decree can also be partly preliminary and partly final.
- Judgement is the concluding part of a civil suit, which is followed by a decree which is its operating part, stating the rights and duties of the parties involved in the case. So, the decree should be in conformity with the judgement given.
- Judgement is passed in both civil and criminal cases, whereas Decree is given in civil cases only.
- Once the case is heard the judgement is pronounced by the court and on that judgement, the decree is followed. So, judgement represents the stage occurring before decree or order is passed and once the judgement is pronounced, decree follows.
- The formal expression of judgement is not necessary but it is desirable, however, formal expression of the decree is mandatory.
- The decree is appealable, whereas judgement is not appealable.
- Execution means the enforcement of the decrees. A decree can be executed in two ways, i.e. either by the court which passed the judgement or by the court to which the decree is sent for the purpose of execution. On the other hand, judgement is not executed.
Conclusion
In a nutshell, Judgement passed by any court of law, subsequent to which a decree takes place, often plays a crucial role in determining the scope and limitations of any individual. Moreover, judgements also act as precedents, on the basis of which future cases are decided.
chandrasekaran says
very useful