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Decree in suit for account between principal and agent. 17 Special directions as to accounts. 18 Decree in suit for partition of property or separate possession of a share therein. 19 Decree when set-off or counter-claim is allowed. Appeal from decree relating to set-off or counter-claim. 20 Certified copies of judgment and decree to be furnished.
Likewise for the enforcement of the Decrees, Orders passed by the court of law the litigants has to file an Execution Petition before the Executing Court by exercising the provisions as enshrined under the Chapter Execution in Part II (Sections 36 to 74) with the aid of Order XXI of the First Schedule of Code of Civil Procedure, 1908 (5 of 1908 ...
The Constitution of India under Article 136 vests the Supreme Court of India, the apex court of the country, with a special power to grant special leave, to appeal against any judgment or order or decree in any matter or cause, passed or made by any Court/tribunal in the territory of India. It is to be used in case any substantial ...
In US legal usage, during the 19th and early 20th centuries, a decree was an order of a court of equity determining the rights of the parties to a suit, according to equity and good conscience. Since the 1938 procedural merger of law and equity in the federal courts under the Federal Rules of Civil Procedure, the term judgment (the parallel ...
The term interim order refers to an order issued by a court during the pendency of the litigation.It is generally issued by the Court to ensure Status quo.The rationale for such orders to be issued by the Courts is best explained by the Latin legal maxim "Actus curiae neminem gravabit" which, translated to English, stands for "an act of the court shall prejudice no one".
For that reason, a decree nisi may also be called a rule, order or decree to show cause. Using the example of a divorce , the wording of such a decree is generally in the form of "that the marriage solemnized on (date) between AB and CD, be dissolved by reason of (grounds) UNLESS sufficient cause be shown to the court why this decree should not ...
Angelo Gambiglioni, De re iudicata, 1579 Res judicata or res iudicata, also known as claim preclusion, is the Latin term for judged matter, [1] and refers to either of two concepts in common law civil procedure: a case in which there has been a final judgment and that is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) relitigation of a claim between the same parties.
But a civil action between Ms. Sanchez and a Mr. Smith would be "Sanchez v. Smith" if it were started by Sanchez, and "Smith v. Sanchez" if it were started by Mr. Smith (though the order of parties' names can change if the case is appealed). [1] Most countries make a clear distinction between civil and criminal procedure.