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 procedural practiced, executed and the implementation reflects on how fundamental rights duties are recognized.
Judgement vs Decree
The main difference between a judgment and a decree is 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
| 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?
A judge or a panel of judges is a public officer who hears different types of cases, appeals under their jurisdiction. 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
Meaning
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.
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.
Type
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 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.
References
- https://legal-dictionary.thefreedictionary.com/decree
- https://heinonline.org/HOL/LandingPage?handle=hein.journals/orglr38&div=29&id=&page=
- https://www.sciencedirect.com/science/article/pii/S0956053X00001033