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1 - 2 of 2 (0.16 seconds)Robert Fischer And Ors. vs The Secretary Of State For India In ... on 23 November, 1908
In Robert Fischer v. The Secretary of State for India in Council (1899) I.L.R. 22 Mad. 270 (P.C.) the judgment of their Lordships of the Privy Council contains the following sentences in page 282, "Now in the first place it is at least open to doubt whether the present suit is within the purview of Section 42 of the Specific Belief Act. It is, in substance, a suit to have the true construction of a statute declared and to have an act done in contravention of the statute, rightly understood, pronounced void and of no effect." "That is not the sort of declaratory decree which the framers of the Act had in their mind." This seems to show that declaratory decrees can be passed though they may not come under Section 42 of the Specific Belief Act.
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