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NRV   27 September 2021

Judgement vs order

In what cases court give judgement, in what type of cases court order?? 



 2 Replies

minakshi bindhani   27 September 2021

As per your concerned query!

In criminal cases

The supreme define "judgement" in the case Surendra Singh vs. the State of UP, a judgement as “the final decision of the court intimated to the parties and the world at large by formal ‘pronouncement’ or ‘delivery’ in open court.”

The Code of Criminal Procedure in India does not define a judgement. Though Chapter 27 of the code of Criminal procedure, 1973 deals with the matters relating to a judgement and its delivery.

Order:

An order is a command which is given by a judge, with relation to a proceeding at a court. Though the order is not always the end of the court proceeding. Orders are passed in between court proceedings to take care of the case and the things associated with it. There are certain orders which are given by the court under chapter 27 of the Code of Criminal Procedure, 1973. However, the term order is not defined under CrPc and finds its meaning under the Civil Procedure Code. 

A judge is not bound to pass an order asked by the parties). He may pass an order if he deems fit in the favour of the welfare, security or urgency to the parties or the subject matter of the case. 

Some examples of order in Cr.PC :

Section 357 the court may order a person to pay compensation in case such a person’s complaint to the police leads to a false arrest of another person.

In Civil cases

Section 2(14) of the Code defines “order” as the formal expression of any decision of a Civil Court which is not a decree.

In general, an order may originate from a suit by the presentation of paint or may arise
from a proceeding commenced by a petition or an application.

There are two types of orders

1. Appealable order:
Section 104 and Order 43 Rule 1 of the CPC are examples of appealable orders.
2. Non-Appealable Orders

Orders can be classified into
1. Final order
2. Interlocutory order

Judgement: The grounds of an order or a decree is stated by the judge in a judgement. It is the formal pronouncement or delivery of the final decision of the court stated to the parties.  

Hope it resolves the issues!
Regards
Minakshi Bindhani
3 Like

Kevin Moses Paul   27 September 2021

Well explained by the expert Ms Minakshi!
1 Like

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