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For determining the questions as to whether an order passed by a Court is a decree or not, it must satisfy which of the following tests?
I. There must be an adjudication
II. The adjudication must have been given in the suit
III. The adjudication must have determined the rights of the parties with regard to all or any of the matters in the controversy in the suit
IV. The determination must be of conclusive nature
V. There must be a formal expression of such adjudication
I, III
II, V
II, IV, V
All of these
Sure! Here’s an explanation of each statement and the options:
- I. There must be an adjudication: The court must have actually decided something.
- II. The adjudication must have been given in the suit: The decision must arise from a formal suit, not just any proceedings.
- III. The adjudication must have determined the rights of the parties with regard to all or any of the matters in the controversy in the suit: The order must resolve the rights raised in the case.
- IV. The determination must be of conclusive nature: The decision must finally settle the issue, not just be a temporary step.
- V. There must be a formal expression of such adjudication: The judgment or order must be formally recorded.
- Option 1: I, III – Not all elements included.
- Option 2: II, V – Not complete.
- Option 3: II, IV, V – Also incomplete.
- Option 4: All of these – All required elements are covered for an order to be a decree.
By: santosh ProfileResourcesReport error
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