Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Decree

Tuesday, January 04, 2011

Decree — Order of withdrawal of a suit does not amount to a decree of the court, which can be executed — Kandapazha Nadar & Ors. v. Chitraganiammal & Ors. AIR 2007 SC 1575 relied.

Tuesday, February 23, 2010

Decree — Passed on the basis of a plaint and a Written Statement, which were filed on the same day — Held, this, by itself, was sufficient to raise serious doubts in the mind of the Courts — Observations made by the Appellate Court that such circumstance could not, by itself, prove the fraudulent nature of the decree, held, are wholly incorrect.

Monday, July 14, 2008

Decree — Once the original decree itself has been held to be without jurisdiction and hit by the doctrine of coram non judice, there would be no question of upholding the same merely on the ground that the objection to the jurisdiction was not taken at the initial, First Appellate or the Second Appellate stage.

Monday, May 14, 2007

Decree — Preliminary decree declares the rights and liabilities of the parties — However, in a given case a decree may be both preliminary and final — Civil Procedure Code, 1908, Section 2(2).


Decree — There can be more than one final decrees — A decree may be partly preliminary and partly final — Civil Procedure Code, 1908, Section 2(2).


Decree — A final decree proceeding may be initiated at any point of time — No limitation is provided therefor. However, what can be executed is a final decree, and not a preliminary decree, unless and until final decree is a part of the preliminary decree.


Decree — Distinction must be made between a decree passed by a court which has no territorial or pecuniary jurisdiction in the light of Section 21 of the Code of Civil Procedure, 1908; and a decree passed by a court having no jurisdiction in regard to the subject matter of the suit — Whereas in the former case, the appellate court may not interfere with the decree unless prejudice is shown, ordinarily the second category of the cases would be interfered with.

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