Law Of Pakistan

Law Of Pakistan

Thursday, August 3, 2023

Difference between Judgement and Decree in pakistan

 



In Pakistan, the terms "judgment" and "decree" are often used in the context of legal proceedings and court decisions. While they are related to each other, there are distinct differences between the two.

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Judgment:
A judgment refers to the final decision or ruling made by a court in a legal case. It is the outcome of a trial or hearing where the court evaluates the evidence, applies the relevant laws, and reaches a conclusion. A judgment can be given by any court, including trial courts, appellate courts, and even the Supreme Court of Pakistan.

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When a judgment is delivered, it typically contains several components that provide a comprehensive explanation of the court's decision. These components may include:

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1. Factual Findings: The judgment will outline the facts of the case as established during the trial or hearing. It will summarize the evidence presented by both parties and determine which facts are accepted as true.

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2. Legal Analysis: The judgment will analyze the applicable laws and legal principles relevant to the case. The court will interpret and apply these laws to the facts of the case in order to reach a decision.

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3. Reasoning: The judgment will provide a detailed explanation of how the court arrived at its decision. It will outline the logical reasoning behind accepting or rejecting certain arguments, evidence, or legal interpretations.

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4. Conclusion: The judgment concludes with a final ruling on the case. It may include orders for specific actions to be taken, such as awarding damages, granting injunctions, or issuing directions for further proceedings.


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It is important to note that a judgment can be appealed to a higher court if one party is dissatisfied with the decision. The appellate court will review the judgment and determine whether it was legally sound and based on proper application of law and evidence.

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Decree:
A decree, on the other hand, is an official order or direction issued by a court based on a judgment. It is the formal document that embodies the court's decision and outlines the specific actions to be taken by the parties involved in the case. A decree is typically issued by a trial court or a subordinate court, and it is enforceable by law.

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The decree contains the operative part of the judgment, which means it includes the specific directions or orders given by the court. These directions may include:

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1. Payment of Damages: If the judgment awards monetary compensation to one party, the decree will specify the amount to be paid and the timeline for payment.

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2. Injunctions: In cases where the court grants an injunction, the decree will outline the specific actions that must be taken or prohibited by the party against whom the injunction is issued.

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3. Specific Performance: In certain cases, the court may order a party to perform a specific action or fulfill a contractual obligation. The decree will specify what needs to be done and within what timeframe.

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4. Other Orders: Depending on the nature of the case, a decree may include other orders such as possession of property, custody arrangements, dissolution of marriage, or any other relief deemed appropriate by the court.

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Once a decree is issued, it becomes binding on all parties involved in the case. Failure to comply with a decree can result in legal consequences, including contempt of court proceedings.

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In summary, while a judgment refers to the final decision made by a court after evaluating evidence and applying relevant laws, a decree is an official order or direction issued by a court based on that judgment. The judgment provides detailed reasoning and analysis, while the decree outlines specific actions to be taken by the parties involved.



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