Order
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
19 October 2013
In terms of law,is the Date of Order and Passing of Order one and the same?
Querist : Anonymous
Querist :
Anonymous
(Querist)
23 October 2013
Kindly answer this query.
09 August 2024
In legal terms, the "date of order" and the "passing of order" are often used interchangeably, but they can have distinct meanings depending on the context and the legal system.
### Definitions:
1. **Date of Order:**
- **Definition:** This refers to the specific date on which an order is officially recorded or issued by a court or an adjudicating authority.
- **Implications:** This is the date you would typically see on the formal document or order itself. It signifies when the decision or ruling was formally communicated.
2. **Passing of Order:**
- **Definition:** This refers to the moment when the order or decision is actually made or pronounced by the court or authority.
- **Implications:** It is the date when the authority has completed its deliberations and made its decision. This may not always coincide with the date the order is officially recorded or dispatched.
### Practical Differences:
- **Issuance vs. Effectiveness:** The date of passing the order is the effective date when the order is made. However, the date of the order might be when it is officially recorded or served. For example, an order could be pronounced in court on a certain date but officially entered into the record or served to parties on a different date.
- **Legal Procedures:** The distinction might be important for:
- **Appeals:** The date of passing of the order may be crucial for determining the time limit for filing an appeal.
- **Compliance:** The date of issuance or service could be relevant for compliance purposes and for parties to take action.
### Examples:
1. **Court Cases:**
- If a judge delivers a judgment on January 1 but the written order is filed or served on January 5, the date of passing the order is January 1, while the date of the order is January 5.
2. **Administrative Orders:**
- An administrative authority might make a decision on March 10, but the formal order is only issued on March 15.
### Summary:
While in many contexts, "date of order" and "passing of order" may refer to the same day, it's essential to consider the specific legal and procedural context. Always refer to the specific rules or guidelines applicable to the jurisdiction or regulatory framework in question for precise definitions and implications.
### Definitions:
1. **Date of Order:**
- **Definition:** This refers to the specific date on which an order is officially recorded or issued by a court or an adjudicating authority.
- **Implications:** This is the date you would typically see on the formal document or order itself. It signifies when the decision or ruling was formally communicated.
2. **Passing of Order:**
- **Definition:** This refers to the moment when the order or decision is actually made or pronounced by the court or authority.
- **Implications:** It is the date when the authority has completed its deliberations and made its decision. This may not always coincide with the date the order is officially recorded or dispatched.
### Practical Differences:
- **Issuance vs. Effectiveness:** The date of passing the order is the effective date when the order is made. However, the date of the order might be when it is officially recorded or served. For example, an order could be pronounced in court on a certain date but officially entered into the record or served to parties on a different date.
- **Legal Procedures:** The distinction might be important for:
- **Appeals:** The date of passing of the order may be crucial for determining the time limit for filing an appeal.
- **Compliance:** The date of issuance or service could be relevant for compliance purposes and for parties to take action.
### Examples:
1. **Court Cases:**
- If a judge delivers a judgment on January 1 but the written order is filed or served on January 5, the date of passing the order is January 1, while the date of the order is January 5.
2. **Administrative Orders:**
- An administrative authority might make a decision on March 10, but the formal order is only issued on March 15.
### Summary:
While in many contexts, "date of order" and "passing of order" may refer to the same day, it's essential to consider the specific legal and procedural context. Always refer to the specific rules or guidelines applicable to the jurisdiction or regulatory framework in question for precise definitions and implications.
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