Statusco

AEJAZ AHMED (Legal Consultant/Lawyer) 06 October 2009

Dear Madhur,

It is "Status Quo" not "Stausco".

Literally 'status quo' means "the situation that currently exists", and the order of status quo means that the situation currently existing i.e. at the time of the order should not be changed. The order of status quo sometimes creates difficulties in its implementation. Plainly stated, the import of the order is that nothing further be done with respect to the subject of the dispute so as to change its features or character where the subject matter of dispute is some tangible property.

status quo means that the parties cannot make an addition or alteration.

It is beaten law of the land that 'status-quo' means that whatever position is existing on spot is to be maintained.

In Black's Law Dictionary, the word 'status-quo' has been defined as under:-

Status-quo:- The situation that existed before something else (being discussed) occurred.

In New Shorter Oxford Dictionary, the word 'status-quo' has been defined as under:

Status-quo: The existing state of affairs.

In Wharton's Law Lexicon, the word 'status-quo' has been defined as under:

Status-quo: the existing state of things at any given date; e.g., Status quo ante bellum, the state of things before the war.

In New Webster's Dictionary, the word 'status-quo' has been defined as under:

Status-quo: The State in which anything was or is; the existing state of affairs.

status quo means that the parties cannot make an addition or alteration.

In Court of Law aggrieved Party can seek "Status Quo Order" under the Provisions of Order 39, Rule 1 & 2 R/W Sec. 151 of CPC .

For example if it is a Land & Property dispute, once the order of status quo is passed by the Court, neither party can make an addition or alteration or proceed with any construction on the claimed Property of possession on the date of order of status quo, but they have to maintain that condition of the land as it is, neither party can tamper with the property in any manner.

If there is any violation of the direction of injunction ( Status Quo Order) shall be squarely covered by the provision under Order 39, Rule 2(A), CPC and the aggrieved party can approach the appropriate Court forum against the Other Party.

For further example, in the context of family law, a status quo order may be issued to prevent one parent from removing a child from the residence or out of the area without the other parent's consent, the other parent may seek a status quo order. These orders are designed to protect the child during custody dispute until the parties can mediate a parenting plan or until the court has enough evidence to make a decision on temporary custody.

In a further example, a status quo order issued in the context of labor law may be used to prevent employees from being fired or discriminated against after the filing of a grievance. The order may require the employer to discontinue negotiations and prevent the employer from changing wages, hours and all existing conditions of employment of the employees.

(Guest)

Mr.Aejaz Ahmad has given a good explanation.

Sanjeev Tewatia (Advocate) 07 October 2009

thanks

madhur (Junior Advocate) 07 October 2009

What is differnce between judgement and decree? and what is mean by order?

Thank you,

madhur

madhur (Junior Advocate) 07 October 2009

What is differnce between judgement and decree? and what is mean by order?

Thank you,

madhur

Ananya Gosain 21 September 2021

Dear sir, to answer your subsequent query, as per my knowledge The definition of judgement given in section 2(9) of the Code of Civil Procedure, 1908 and that of decree in Section 2(2) of Code of Civil Procedure, 1908. A judgement contains facts of the case, the issues involved, the evidence brought by the parties, finding on issues(based on evidence and arguments) whereas the decree contains the outcome of the suit and conclusively determines the rights of the parties with regard to the issues in dispute in the suit. Order is defined under section 2(14) of CPC as a formal expression of a decision that is not a decree. Essential Elements of an Order: Formal Expression, should not be a decree, must be pronounced by a civil court. Regards

Niharika Lohan 31 May 2023

Hi Madhur, I'm Adv Niharika and here is my piece of information on your requested topic.

The basic difference between judgment and decree is that, Judgment is based upon facts of the case and Decree is based on the Judgment.

I'm attaching the latest article on Judgment, Order and Decree for your convenient reading. I hope you find this article fruitful.

https://www.lawyersclubindia.com/articles/decree-vs-order-understanding-the-distinctions-in-legal-proceedings-15901.asp

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