applicable to declaratory statutes. As stated in
CRAIES and approved 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
Act is 'to explain'
an earlier Act, it would be without object unless construed
retrospectively. An explanatory Act is generally passed to
supply ... appear to be a declaratory Act but if the Court finds an Act as declaratory
or explanatory it has to be construed as retrospective
operation;
(v) If a statute in its nature a declaratory Act it is retrospective even if it takes away previous rights;
(vi) A statute ... Industrial Disputes (Amendment) Act, 1965 , by which S. 2A was inserted, is a remedial Act and not a declaratory Act, that the former, unlike
applicable to declaratory statutes. As stated in CRAIES and approved 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
applicable to
declaratory statutes. As stated in Craies and approved 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
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
Madras Act from the date of its passing.
He further contended that because Section 1(3) of the Madras Act states that the Act shall ... they were one and the same Act. Where an Act is in its nature declaratory, the presumption against construing it retrospectively is inapplicable
said Act. The language of Clause iii(b) of Section 27 of the said Act
shall be deemed to be declaratory and clarificatory ... applicable to
declaratory statues. As stated in Craies and approved by the Supreme Court:
'For modern purposes a declaratory Act may be defined
conditions.
65. The first argument had reference to the Crown Grants Act (XV of 1895). It was not in its true nature so much ... preamble and considering the purpose of the Act it cannot be doubted that the Act was rather declaratory in its nature than enabling or enacting
