Difference Between Judgement and Decree

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Difference between Judgement and Decree

Judgement Decree
A formal decision made by a court of A formal order issued by a court of
law law
In light of the evidence presented In accordance with the agreement
and the applicable laws of the parties
A judge or a bench of judges makes Judged or judicially endorsed
the decision
A final and binding decision for all Final and binding on the parties
parties involved
A higher court can hear the appeal It is usually not appealable
Difference Between Review and Revision
Differences Review Revision
The act of reconsideration, High Court revisiting and

Meaning and looking again, or re- potentially modifying
Scope examining by the same court judgments from subordinate
and judge. courts.
Address illegality,
Correct errors affecting party
irregularity, or impropriety;
Objective interests; same court and
High Court revises judgments
judge review their judgment.
from subordinate courts.
Provisions in Defined under Section 114 of Defined under Section 115 of

CPC the CPC. the CPC.
Initiated by High Court (suo

Typically initiated by a party
Initiation and motu or by an aggrieved
involved; authority within the
Authority party); High Court serves as
court that issued judgment.
revising authority.
No specified limitation;
Time Frame Limited to 90 days from the
generally expected within a
for Application date of judgment or decree.
reasonable time.
Addresses matters of
Nature of Focuses on discovery of new jurisdiction, illegality,
Errors matter, apparent mistakes, irregularity, or impropriety in
Addressed or other sufficient reasons. subordinate court
proceedings.
Court Internal process within the Involves the High Court as an

Involvement same court and judge. external, superior judicial
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authority.
Difference between Appeal and Revision
Appeal Revision
A legal remedy that allows a person to A legal remedy that allows a person to
challenge a decision made by a lower challenge a decision made by a higher
court or administrative body, and to court or administrative body, and to
request a higher court or request the same court or administrative
administrative body to review the body that made the original decision to
decision. review it.
Typically made to a higher court or Typically made to the same court or
administrative body, as the person administrative body that made the
making the appeal wants to have the original decision, as the person making
decision reviewed by a higher the revision wants to have the decision
authority. reviewed by the same authority that
made it.
Generally used to challenge the Generally used to challenge the decision
decision on the basis of errors in the on the basis of errors in fact or law, such
legal process, such as incorrect as errors in the interpretation of evidence
application of law or violation of or the application of law.
procedural rules.
Typically has a time limit for filing, Typically has a time limit for filing, which
which is set by the court or is set by the court or administrative body
administrative body that made the that made the original decision.
original decision.
Can be made by both parties involved Can be made by both parties involved in
in the case, as either party may the case, as either party may believe that
believe that the decision was the decision was incorrect.
incorrect.
Often results in a new trial or hearing, Often results in a re-examination of the
if the higher court or administrative original decision, if the same court or
body finds that the decision made by administrative body finds that the
the lower court or administrative body decision was incorrect.
was incorrect.
May or may not require new evidence May or may not require new evidence to
to be presented, depending on the be presented, depending on the grounds
grounds of the appeal or revision. of the appeal or revision.
The decision made in an appeal is The decision made in a revision is not
binding and final, meaning that it binding and final, meaning that it can be
cannot be appealed again. reviewed again if there are new facts or
evidence that were not considered before.
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Difference between First Appeal and Second Appeal
Sr.
no. First appeal Second appeal
Sections 96 to 99-A, Section 100 to 103 and

107 and Order 41 deal Order 42 deal with Second
1. with First appeal, Appeal,
A first appeal lies against a

decree passed by a court A second appeal lies against a
exercising original decree passed by a first appellate
2. jurisdiction, court,
The first appeal can be

admitted on the grounds
of question of fact, and
question of law, or on a The second appeal can only be
mixed question of fact and admitted only on the point of
3. law, ‘substantial question of law’.
The first appeal can be

entertained by
a subordinate Court which
may or may not be a High The second appeal can only be
4. Court, entertained by the High Court,
The Memorandum of first

appeal must set out the It needs not set out the grounds
grounds of objections to of objections to the decree
5. the decree appealed from. appealed from.
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Difference between Decree and Order
Aspect Decree Order

Typically issued in
Issued in various types of legal
equitable or non-
proceedings, including civil,
Nature monetary cases, such as
criminal, or administrative
wedding dissolution or
cases.
property disputes.
Divorce decree, decree of
Interlocutory order, restraining
Examples foreclosure, or a
order, or a discovery order.
declaratory decree.
Often represents a final Usually, a temporary directive
Finality judgment in the case governs specific aspects of a
and may conclude it. case until further proceedings.
Requires compliance Requires compliance but may
Enforcement and can be enforced by not always involve direct
the court or authorities. enforcement by the court.
Generally appealable to It can also be appealed, but the
a higher court if either grounds for appeal may be more
Appealability
party disagrees with the limited, often based on legal
decision. errors.
Typically issued at the It can be issued at various
Timing end of a case after a trial stages of a case, usually in
or settlement. response to motions or requests.
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Difference Between Res Judicata and Res Sub Judice
Aspect Res Judicata Res Sub Judice
Meaning “Matter adjudged and accepted as final” “Matter still under consideration”
To prevent re-litigation and bring To avoid parallel proceedings and

Purpose
finality save time
After a case has been conclusively When a case is still pending

Applicability
decided before a court
Nemo debet bis vexari pro una et eadem Interest republicae ut sit finis
Key Maxims causa means “no one ought to be vexed litium means "so there might be
twice for the same cause” an end of litigation”
One former and one subsequent suit Two civil suits between the same
Conditions
filed parties
Matter in subsequent suit directly Former suit pending before

related competent court
Subsequent suit filed under

Parties in subsequent suit same/similar
similar title
Section 10 does not apply to suits

Titles of both suits same/similar
pending in foreign courts
Section 10 applies if subsequent

Suit filed in competent jurisdiction application filed before the
Tahsildar
Court previously heard and decided Date of plaint presentation

issue in subsequent suit considered for institution of suit

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1

Difference between Judgement and Decree

Difference Between Review and Revision

Differences Review Revision

The act of reconsideration, High Court revisiting and

Provisions in Defined under Section 114 of Defined under Section 115 of

Initiated by High Court (suo

Court Internal process within the Involves the High Court as an

Difference between Appeal and Revision

Difference between First Appeal and Second Appeal

Sections 96 to 99-A, Section 100 to 103 and

A first appeal lies against a

The first appeal can be

The first appeal can be

The Memorandum of first

Difference between Decree and Order

Aspect Decree Order

Difference Between Res Judicata and Res Sub Judice

Aspect Res Judicata Res Sub Judice

To prevent re-litigation and bring To avoid parallel proceedings and

After a case has been conclusively When a case is still pending

Matter in subsequent suit directly Former suit pending before

Subsequent suit filed under

Section 10 does not apply to suits

Section 10 applies if subsequent

Court previously heard and decided Date of plaint presentation

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