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Showing contexts for: declaratory acts in Shri Ashok Gangadhar Shedge vs Ramesh Gangadhar Shedge on 9 June, 2014Matching Fragments
(emphasis supplied)
51. In paragraph 100, the Division Bench also considered the decision of the constitution Bench of the Apex Court in the case of Shyam Sunder and Ors Vs. Ram Kumar and Anr.33 and it was observed in paragraphs 100 to 103 as follows.
"100. Yet another Constitution Bench of the Apex Court in the case of Shyam Sunder and Ors. v. Ram Kumar and Anr., AIR 2001 SC 2472 was dealing with the question, whether a substituted provision necessarily means the amended provisions are retrospective in nature, after reviewing the entire case law on the point held, a substituted Section in an Act is the product of an amending Act and all the effects and 32 AIR 1952 SC 324 33 AIR 2001 SC 2472 45 / 65 SA-25-13gr consequences that follow in the case of an amending Act the same would also follow in the case of a substituted Section in an Act. Further it was held, it is well settled that where an amendment affects vested rights the amendment would operate prospectively unless it is expressly made retrospective or its retrospective operation follows as a matter of necessary implication. Ordinarily when an enactment declares the previous law, it requires to be given retroactive effect. The function of a declaratory statute is to supply an omission or explain previous statute and when such an Act is passed, it comes into effect when the previous enactment was passed. The legislative power to enact law includes the power to declare what was the previous law and when such a declaratory Act is passed invariably it has been held to be retrospective. Mere absence of use of word 'declaration' in an Act explaining what was the law before may not appear to be a declaratory Act but if the Court finds an Act as declaratory or explanatory it has to be construed as retrospective. Further, they went on to hold, that the function of a declaratory or explanatory Act is to supply an obvious omission or to clear up doubts as to meaning of the previous Act and such an Act comes into effect from the date of passing of the previous Act.