What is a Decree?
Decree is the order given by the civil court that resolves the issues in a case. It conclusively determines the right of the parties with regard to all or any of the matters in controversy in the suit. It may be either preliminary or final. In other words, a decree is what the court orders a party to do. A decree would be something like ordering a party to pay money or perform a contract etc. It is the determination of the rights and liabilities of the parties to a case.
A decree follows an assessment of the rights of involved parties. In addition, a decree can be used to address a right that is not recognized by common law. For example, a judge presiding over a court of equity may issue a decree in favor of specific performance as a remedy for a victorious party in a contract case. Decrees may also include directions that guide how they are to be applied, which adds to their utility as flexible remedies.
Types of decree
- Preliminary Decree: A preliminary decree is a decree that decides the rights of the parties, with regard to all or any of the matters in controversy in the suit but does not completely dispose of the suit. It declares the rights and liabilities of the parties leaving the actual result to be worked out in further proceedings.
- Final decree: A final decree is one which completely disposes of the suit and finally settle all questions in controversy between parties and nothing further remains to be decided thereafter. Hence, a decree is final when the adjudication completely disposes of the suit.
- Partly preliminary and partly final decree: A decree may be partly preliminary and partly final. The issue of a decree being partly preliminary and partly final arises when the Court decides two question by the same decree.
What is a Judgment?
A judgement is the reasoning given by the judge as to why the decree was given. A judgement explains the legal reasoning that formed the basis for the decree, along with the case law cited, arguments given by counsel, and the conclusions reached from the same.
In other words, a final decision made by a judge on a material issue during a case is termed a judgment. A judgment can provide all or a portion of the relief sought in a case, including property division, alimony, child support, custody or an injunction.
To be valid, a judicial judgment must be given by a competent judge or court at a time and place appointed by law and in the form it requires. A judgment would be null and void if the judge presiding over the case had no jurisdiction over the matter; or the judge delivered it when there was no court held; or if he rendered a judgment before the cause was prepared for a hearing.
Elements of Judgement
- The concise statement of the case.
- The points for determination.
- The decision of the court.
- The reasons and grounds on which such decision is based.
- The judgment must confine itself to the question raised before the court and cannot extend beyond it.
- Once the judgement is prepared, it is signed by the judge and contains the date, which the judgement was pronounced.
Difference Between Judgement And Decree In Tabular Form
| BASIS OF COMPARISON | JUDGEMENT | DECREE |
| Description | Judgement is a statement given by a judge on the ground of a decree or order. | Decree is an adjudication typically determining the rights of the parties with regard to all or any of the matters in controversy. |
| Issuance | There may be a judgement in civil suit as well as in criminal case. | Generally decree is issued in a civil suit. |
| Nature | Judgement is the concluding part of a civil suit, which is followed by a decree. | A decree comes after the judgement and therefore; it is usually in conformity with the judgment given. |
| Formal Expression | It is not necessary that there should be a formal expression of order in the judgement. | It is necessary that there must be formal expression of the decree. |
| Delivery | It is not necessary or compulsory for a judge to read the whole judgment in court. The judge may only orate the relevant parts of the judgment. | A decree is read in full in the courtroom. |
| Finality | The judgement is usually final in regard to the determination of an issue. | The decree may either be preliminary or final. Or, partly preliminary and partly final. |
| Judgements follow precedents or act as precedents in future declarations. | Decrees do not act as precedents in future matters. | |
| Appeal | A judgement can be appealed in a higher court of competent jurisdiction. | The decree doesn’t include appealable orders and any order of dismissal for default. |
| Implication | A judgement only favors one party in a case. | A decree conclusively determines the rights of the parties in a case. |
Difference Between Judgment And Decree
- Judgement is a statement given by a judge on the ground of a decree or order. Decree is an adjudication typically determining the rights of the parties with regard to all or any of the matters in controversy.
- There may be a judgement in civil suit as well as in criminal case whereas a decree is issued in a civil suit.
- Judgement is the concluding part of a civil suit, which is followed by a decree. A decree comes after the judgment and therefore; it is usually in conformity with the judgment given.
- It is not necessary that there should be a formal expression of order in the judgement. On the other hand, it is necessary that there must be formal expression of the decree.
- It is not necessary or compulsory for a judge to read the whole judgement in court. The judge may only orate the relevant parts of the judgment. A decree is read in full in the courtroom.
- The judgement is usually final in regard to the determination of an issue. The decree may either be preliminary or final. Or, partly preliminary and partly final.
- A judgement can be appealed in a higher court of competent jurisdiction. The decree doesn’t include appealable orders and any order of dismissal for default.
- A judgement only favors one party in a case. A decree conclusively determines the rights of the parties in a case.