10 Difference between Judgement and Decree (With Table)

What is the main difference between judgement and decree? Judgement is a formal decision made by court of law while decree is a formal order issued by court of law. Law is a system of rules and regulations based on different principles of justice and fairness.

The court of law deals with thousands of cases daily. A judgment is pronounced after which a decree is followed. A decree comes into being when the judgment is given and not on the date it is duly signed and sealed by the judge.

Understanding the differences between decree and judgement is quite important. We wrote this article to share a comprehensive differences and similarities between judgement and decree.

Difference between Judgement and Decree with Table

Basic Terms	Judgement	Decree
Definition	A judicial decision or ruling delivered by a court to resolve a legal dispute.	An official, formal order or pronouncement issued by a court, typically based on a judgment.
Nature	It represents the court’s determination of the rights and obligations of the parties in a case.	It represents the implementation of the court’s judgment and outlines specific actions to be taken.
Content	Contains the court’s reasoning and decision regarding the legal issues in the case.	Contains the specific directions, instructions, or orders to enforce the judgment.
Purpose	Concludes the legal proceedings by resolving the underlying dispute.	Executes or enforces the judgment, ensuring that the parties adhere to the court’s decision.
Form	Generally a written document explaining the court’s findings and conclusions.	A formal written document that may include instructions for payment, possession, or other actions.
Authority	Carries the authority of the court and may be used as a reference in subsequent legal matters.	Carries the authority of the court and is used to compel compliance with the judgment.
Variants	Can be interlocutory (temporary) or final, depending on the stage of the legal proceedings.	Can be preliminary or final, with preliminary decrees often requiring further actions before finalization.
Enforceability	Does not, in itself, compel compliance; further action may be required to enforce the judgment.	Serves as an enforceable court order, specifying what actions parties must take, such as paying a sum of money or transferring property.
Time of Issuance	Typically issued before a decree, as the court’s legal decision precedes its implementation.	Issued after the judgment, outlining how the judgment is to be carried out.
Example	A judge’s decision finding a defendant liable for breach of contract.	A decree instructing the defendant to pay the plaintiff a specific sum of money as compensation for the breach.

What Is Judgement?

Judgment is a formal decision or ruling issued by a court at the conclusion of a legal case. It represents the court’s determination of the rights and obligations of the parties involved in the case.

A judgment is based on the evidence presented, the applicable laws, and the arguments made by both parties during the legal proceedings.

The judgment outlines the court’s findings, conclusions, and orders, resolving the issues in dispute. It can determine liability, assess damages, and provide remedies or relief to the prevailing party.

Judgments can be interlocutory, depending on the stage of the legal proceedings. Judgment does not, in itself, compel compliance.

Additional legal steps, such as the issuance of a decree or enforcement actions, may be necessary to ensure the judgment is implemented.

What Is Decree?

A Decree, in the legal context, is an official and formal order issued by a court, typically following a judgment. It serves as the implementation and enforcement mechanism of the court’s decision.

A decree contains specific instructions, directions, or commands that outline how the judgment is to be carried out and enforced.

Decrees are often used to compel compliance with the court’s judgment, especially when it involves actions like possession of property, or specific performance of contractual obligations.

They carry the authority of the court and are legally binding. Decrees can be either preliminary or final, with preliminary decrees often requiring additional actions before the final decree is issued.

A decree translates the legal decision rendered in a judgment into practical and enforceable terms, ensuring that the parties involved adhere to the court’s directives and fulfill their legal obligations.

Main Difference between Judgement and Decree

Judgment is the court’s explanation of its decision regarding the rights and liabilities of parties in a case, while a decree is the clear and final legal expression of the court’s decision.
In the legal framework, judgment is defined in Section 2(9) of the Code of Civil Procedure, 1908, whereas a decree is defined in Section 2(2) of the same code.
A judgment is always final, while a decree can be preliminary if further proceedings are needed or final when the case concludes. It can also be partly preliminary and partly final.
After a judgment, a decree follows to specify the rights and duties of the parties, ensuring alignment with the judgment.
Judgment applies to both civil and criminal cases, whereas a decree is exclusive to civil cases.
Once the court pronounces judgment, a decree follows, making judgment the preceding stage.
Although not necessary, a formal expression of judgment is desirable, but a formal expression of the decree is mandatory.

Similarities between Judgement and Decree

Both are legal terms used in the context of court rulings.
They are associated with the outcome of legal cases.
Both are issued by a court.
They play essential roles in the legal process.
Both are defined and regulated by laws and legal codes.
They are components of the legal framework for resolving disputes.
Both contribute to the resolution of legal conflicts.
They are typically documented in written form.
Both are legally binding and enforceable.
They provide clarity regarding the rights and responsibilities of the parties involved in a case.

Final Thoughts from Experts

Judgment and Decree are integral elements of the legal process. Judgment represents the court’s decision regarding the rights and liabilities of parties in a case, while a Decree is the formal and binding expression of that decision, outlining the specific actions parties must take.

Judgment is the conclusion of a legal dispute, followed by the issuance of a Decree, ensuring alignment between the court’s decision and its practical implementation.

Both are essential components of the legal framework, with Judgment providing clarity and rationale for the decision, and a Decree serving as the means to enforce and execute that decision.

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