there is no specific provision in the Bombay Act which confers powers of granting a declaratory decree on the Mamlatdar, Mr. Datar for the petitioners ... Act"; and for finding out the "purpose of the Act" one must look to the remaining provisions in the "Act
contention of the appellant, in effect, is that the Act is declaratory in
nature or, in any case, amends the pre-existing Muslim ... divorce only under the Act was confirmed by Kerala High Court.17 As
to the contention that the Act is declaratory or that it ought
facts of present matter.
8. Here, reference to provisions of Grants Act is called for & I find it proper to reproduce paras ... Crown Grants Act, 1895, now known as the Government Grants Act . The Act is an explanatory or declaratory Act. Doubts having arisen
each case. Thus
where the act complained of deprives the plaintiff of
certain present rights to property and the declaratory
decree has the effect ... Section 34 (present)
or Section 42 (old) of the Specific Relief Act. Declaratory
decrees can well be made by the Courts under the general
provisions
declare what was the previous law and when such a declaratory Act is passed, invariably it has been held to be retrospective. Mere absence ... appear to be a declaratory Act but if the court finds an Act as declaratory or explanatory, it has to be construed as retrospective
held section 4 of the Benami Transactions (Prohibition) Act (45 of 1988} to be declaratory enactment.
28. Thus on a care full analysis ... substantive law. If a slalute is in its nature a declaratory Act, the presumption against retrospectlvlty is inapplicable. The rule against retrospective operation
force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might ... that explanatory and declaratory Acts are always retrospective. It was held, "where an Act is in its nature declaratory, the presumption against construing
Section 124(A) by Act 24/1989. Whether Section 124(A) of the Railways Act, as inserted by Amending Act 28 of 1994 is retrospective ... amending Act. Moreover, the amending Act either expressly or by implication was not intended to be retroactive and for that reason the amending Act
appears to us that the Amendment Act of 1964 was merely of a clarificatory or declaratory nature. Even in the absence of the words which ... given to her brother or brother's son."
A declaratory Act means to declare the law, or to declare that which has always
property under any Act including the Land Acquisition Act . This section or any of the provision of the Court-fees Act does not furnish any other ... under Article 17(iii) of Schedule II of the Court-fees Act involving declaratory prayers without consequential reliefs. But the Bombay Court-fees Act does
