vary such rights. If a statute is in its nature a declaratory Act, the argument that it must not be construed so as to take ... actually employed in the Act. We have, therefore, to look to the Act itself.
9. Section 4(2) of the Act states that
purpose it amended Section 84 by the Kerala Land Reforms (Amendment) Act, 1972 (Act 17 of 1972) by inserting Sub-section (3) which ... Jones v. Bennet, (1890) 63 LT 705,
"A declaratory Act means to declare the law, or to declare that which has always been
Act rather than on the basis of Art. 142 of the Limitation Act, 1908 hereinafter called the old Act. The learned Judge dealing with that ... observations that Arts. 64 and 65 of the new Act are declaratory of the existing law cannot be construed so as to take away
reasons of the Act which introduced Section 2A in the Industrial Disputes Act . The objects and reasons for the Amending Act , therefore, would not lend ... were quoted there with approval.
"For modern purposes a declaratory Act may be defined as an Act to remove doubts existing
been expressly retrospective. That expression occurs as a rule in a declaratory Act which states that the law must be deemed in the past also ... field of operation converges upon the field of operation of a declaratory statute.
But the mere absence of these words would not necessarily imply that
Act is 'to
explain' an earlier Act, it would be without object unless construed
retrospective. An explanatory Act is generally passed to supply ... Act, regard must be had to the substance rather than
to the form. If a new Act is "to explain" an earlier Act
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
declaratory statute and all declaratory statutes are fetrospective or at least retro-active. So the question is, whether this is a declaratory statute. Even ... this connection that we must consider the submission that the Act being declaratory has to be retrospective. First of all, it must be proved that
follows that the amended provision
of s.153C of the Act is also declaratory. It seeks to clarify the law so as to remove
doubts ... circumstances of the case. The
Legislature may pass a declaratory Act to set aside what the Legislature deems to have
been a judicial error
that
second proviso to Section 40(a)(ia) of I.T. Act is declaratory and curative and it has
retrospective effect from 01.04.2005. Revenue ... that second proviso of
Section 40(a)(ia) of I.T. Act is declaratory and curative in nature and has retrospective
effect from
