A Decree is a formal expression of an adjudication by a court.
In order for a court decision be called as a decree, there are five conditions to be met:
- There must be a judicial determination of the matter in dispute. i.e. there should be an adjudication
- Adjudication must have been given in the suite
- Adjudication must have determined the rights of the parties with regard to all or any of the matters disputed in the suite
- The determination must be a conclusive determination
- Determination of a question within Section 47 or Section 144.
Types of Decrees
- Preliminary Decree or a Fina Decree
- Contest Decree & Consent Decree / Compromise Decree
- Ex-parte Decree
- Section 2 of Code of Civil Procedure, 1908 defined the term 'Decree'.
- Section 36 of Arbitration and Conciliation Act, 1996: Enforcement (of Arbitral Award)