Act of 1995 urged that the right of a co-sharer to pre-empt
sale having been extinguished by substituted Section 15 of the Act ... respondents suit must fail. Secondly it was urged that the
amending Act being declaratory in nature, it has retrospective effect
and consequently, whatever the right
Act of 1995 urged that the right of a co-sharer to pre-empt
sale having been extinguished by substituted Section 15 of the Act ... respondents suit must fail. Secondly it was urged that the
amending Act being declaratory in nature, it has retrospective effect
and consequently, whatever the right
appellants that the amending Act
whereby new Section 15 of the Act has been
substituted is declaratory and, therefore, has
retroactive operation. Ordinarily when ... appear to be a
declaratory Act but if the Court finds an Act as
declaratory or explanatory, it has to be
construed as retrospective. Conversely
Act called the Public Service Act, of 1895 was passed, Section 58 of which provided:
Nothing in this Act or in the Civil Service Act ... Act 27 of 1926 is a purely declaratory Act or not. If an Act is purely declaratory, that is to say, if it enacts nothing
Commissioner Of Income-Tax Bombay Etc vs Podar Cement Pvt. Ltd. Etc on 27 May
Act is to explain an earlier Act, it would
be without object unless construed retrospective. An
explanatory Act is generally passed to supply an obvious ... Benami Transactions (Prohibition) Act, 1988 was it is
submitted wrongly held to be an Act declaratory in nature
for it was not passed
mischief of s. 10 of the Act;
(4) The Banking Companies (Amendment) Act, 1956 , is not a
declaratory Act, and except in the small matter ... Banking Companies
Act, 1949. We have stated earlier that s. 10 of the Banking
Companies Act, 1949, hereinafter called the Banking Act , was
amended
Act is to explain an earlier Act, it would be without object unless construed retrospective. An explanatory Act is generally passed to supply an obvious ... Benami Transactions (Prohibition) Act, 1988 was, it is submitted, wrongly held to be an Act declaratory in nature for it was not passed to clear
applicable to declaratory statutes. As stated in CRAIES and approved by the Supreme Court: For modern purposes a declaratory Act may be defined ... Benami Transactions (Prohibition) Act, 1988 was, it is submitted, wrongly held to be an Act declaratory in nature for it was not passed to clear
applicable to declaratory statutes. As stated in CRAIES and ap-
proved by the Supreme Court : "For modern purposes a
declaratory Act may be defined ... Act is 'to explain' an earlier
Act, it would be without object unless construed retrospective.
An explanatory Act is generally passed to supply
