operation;
(v) If a statute is in its nature a declaratory Act, it is retrospective even if it takes away previous rights ... Industrial Disputes (Amendment) Act, 1965 , by which Section 2-A was inserted, is a remedial Act and not a declaratory Act, that the former, unlike
meaning of the previous Act and such an Act
comes into effect from the date of passing of the
previous Act. Learned counsel ... declaratory Act.
45. We have already quoted substituted
Section 15 of the amending Act but do not find
that the amending Act either expressly
these petitions is thus formulated: The impugned Act is merely a piece of a declaratory legislation and does not contemplate or require any action ... converted into or equated with a declaratory suit under Section 42 of the Specific Relief Act.
The Hon'ble Judges of the Supreme Court
these
petitions is thus formulated: The impugned Act is
merely a piece of a declaratory legislation and
does not contemplate or require any action ... converted into or equated with a
declaratory suit under section 42 of the Specific
Relief Act."
The Hon'ble Judges of the Supreme
trial Judge was in error in assuming that the Amending Act was a validating Act and the legislation was passed to cure the defect noticed ... Settlement) Act'. Section 3 of the said Act inter-alia provided that notwithstanding anything contained in the Industrial Disputes Act, 1947 the settlement entered
namely, the effect of s.
31 of the Indian Income-tax (Amendment) Act, 1953 (XXV of
1953). I may first set out the section ... sections
(1), (2) and (3) of section 34 of the
principal Act shall apply and shall be deemed
always to have applied to any assessment
Virender Singh Hooda And Ors vs State Of Haryana And Anr on 27 October, 2004
Secretary, A.P. Social Welfare ... vs P. Venkata Kumari on 27 April, 2001
Equivalent citations
acquired one Acquisition Act or another Acquisition Act, but what is pertinent is
the fact that even if there exists two Acts, it would ... Supreme Court had upheld the validity of the State Act
only insofar as acquisition for the purpose of Harijan Welfare Schemes. But that
would
said to be a statute which is explanatory or declaratory and is passed for the purpose of protecting the public against an abuse ... unless such a construction appears very clearly in the terms of the Act, or arises by necessary and distinct implication."
Mr. Nain also relied
