Can a decree be transferred to another person?Asked by: Dr. Syble Prosacco Sr. | Last update: September 14, 2022
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"Whether after assigning a decree, the original decree-holder can give a valid discharge of the decree by receiving the amount from the judgment-debtors without reference or notice to the transferee decree-holder."
Who passes a decree?
According to Section 44A of the CPC, a decree of any superior court of a reciprocating territory shall be executed in India as that has been passed by the district court.
Is a decree the same as a law?
A decree is a legal proclamation, usually issued by a head of state (such as the president of a republic or a monarch), according to certain procedures (usually established in a constitution). It has the force of law. The particular term used for this concept may vary from country to country.
Is a decree the same as an order?
A decree is an order handed down by a judge that resolves the issues in a court case.
Can a decree be challenged?
Though there is no limitation to challenge a decree on the basis of fraud etc., however, the same needs to be challenged within a period of 3 years from the date of knowledge of the same (fraud), in light of the provisions of Articles 58 and 59 of the Limitation Act.
The Difference Between Decree Nisi and Decree Absolute - Lawyer Explains
Is decree a judgment?
The decisions given by the court of law are either orders or decrees. A decree is followed by a judgement that is pronounced by the court after hearing the case. It is important to note that decree and order are analogous to each other. A judgment is passed by the court of law on the ground of decree or order.
Why is decree important?
Essential elements of a decree. The term decree is defined in the Code as meaning “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.
What are the types of decree?
- Preliminary Decree.
- Final Decree.
- Partly Preliminary and Partly Final Decree.
- Deemed Decree.
- Consent Decree.
- Ex-parte Decree.
- Decree Passed in Appeal.
- Decree on Compromise Petition.
What does the name decree mean?
Definition of decree
(Entry 1 of 2) 1 : an order usually having the force of law a judicial decree by royal decree. 2a : a religious ordinance enacted by council or titular head a papal decree. b : a foreordaining will God's decree. 3a : a judicial decision of the Roman emperor.
How long is a decree valid?
Section 48 of the Civil Procedure Code, 1908, provides that a decree ceases to be enforceable .... Article 136 of the Schedule to the Limitation Act, 1963 provides 12 years for execution of any decree or order of any civil court (other than a decree granting a mandatory injunction).
What is transfer of decree?
(1) The Court which passed a decree may, on the application of the decree-holder, send it for execution to another Court,-
Who Cannot apply for execution of decree?
2. Who cannot apply? A person who is neither a decree holder nor has a right to execute a decree cannot apply.
What is final decree?
A final decree is one which completely disposes of a suit and finally settles all questions in the controversy between parties and nothing further remains to be decided thereafter. Ordinarily there will be only one final decree in the suit.
What is decree in divorce?
Decree of divorce is the court order issued under the authority of the family law judge on the dissolution of marriage and related matters like division of marital assets and child custody ..etc.
What is decree holder?
" "decree-holder" means any person in whose favour a decree has been passed or an order capable of execution has been made.
In which suit final decree can be passed?
The decree can only be in a civil suit. If there is no civil suit, there can be no decree. There are several specific provisions which enable certain applications to be treated as suits such as proceedings under the Hindu Marriage Act, the Indian Succession Act etc.
Which comes first judgement or decree?
The term decree is defined in Section 2(2) of Code of Civil Procedure, 1908. A decree always follows judgement and is based upon a judgement. It is divided into five types unlike judgement which is final in itself. A decree may be final or preliminary.
Can there be more than one final decree?
A decree may be partly preliminary and partly final. It is settled law that there can be more than one preliminary decrees in a suit. Similarly, there can be more than one final decrees in a suit.
How many types of decrees are there?
There are basically three types of decrees: Preliminary decree. Final decree. Partly preliminary and partly final.
What are the essentials of a decree?
The essential features of a decree are as follows: There must be an adjudication. The adjudication must be done in a suit. The adjudication must be done in determining the rights of the parties relating to all or any of the matter in dispute.
What is decree of property?
Introduction. Mostly, the decree of sale of immovable property is awarded for enforcing mortgage deed, charge, or for recovery of money or any other kind of encumbrances as deemed fit by the court.
How is decree executed?
A decree can be executed by various modes which include delivery of possession, arrest, and detention of the judgment-debtor, attachment of the property, by sale, by appointment of receiver, partition, cross-decrees, and cross-claims, payment of money etc.
How do you execute a decree in civil court?
- Decree Holder has to file a written application seeking execution of decree with the court which has passed the Decree or the Court to which it is transferred. ...
- Upon the application being accepted, a notice is issued on the Judgement Debtor in terms of Rule 22 of the Code of Civil Procedure, 1908.
Is decree appealable?
In general, only one Decree can be passed in a suit, except in a suit where a preliminary and a final decree is passed. Several orders can be passed in a suit or proceeding. Every Decree is appealable unless it is expressly barred by law.
What is difference between preliminary decree and final decree?
Hence a preliminary decree is a decree passed in a suit but doesn't dispose off the suit whereas a final decree disposes off the suit. A preliminary decree only comes out as a consequence of determination of substantive rights. Note that an appeal always lies against a decree and not a judgement.