Tag Archives: Judicial

Determination or Order

        The word “determination” has to be contextually determined. In Ashok Leyland Ltd. v. State of T.N., (2004) 3 SCC 1, the Hon’ble Apex Court has reproduced the definition of “determination” from Law Lexicon, 2nd Edition by P. Ramanatha Iyer and Black’s Law Dictionary, 6th Edition. It reads thus:

        “Determination or order.—The expression “determination” signifies an effective expression of opinion which ends a controversy or a dispute by some authority to whom it is submitted under a valid law for disposal. The expression “order” must have also a similar meaning, except that it need not operate to end the dispute. Determination or order must be judicial or quasi – judicial. Jaswant Sugar Mills Ltd. v. Lakshmi Chand, AIR 1963 SC 677.

        A “determination” is a final judgment for purposes of appeal when the Trial Court has completed its adjudication of the rights of the parties in the action. Thomas Van Dyken Joint centure v. Van Dyken, 27 NW 2d 459.

          The said test clearly means that the expression of determination signifies an expressive opinion. Union of India v. Hardy Exploration and Production (India) Inc., 2019 (132) ALR 263.

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