Hindu married woman prior to the Act, we fail to see how this Act could be described as declaratory in character. No doubt, there ... Act that could take advantage of the Act is ILR (1950) Nag 196 : (AIR 1950 Nag 33). It was held there that the Act
particular subject, and an Act is passed to explain and declare
the common law, such an act is called a declaratory Act ... generally intended."
What is declaratory statute is again a question. Declaratory
and explanatory statutes are distinguishable. An explanatory Act is
generally passed to supply
Dated 02-06-2016 vs M/S. Madhucon Projects Limited Rep., By ...
Author: Ramesh Ranganathan
applicable to declaratory statutes. As stated in CRAIES and approved by the Supreme Court:
For modem purposes a declaratory Act may be defined ... usually held to be retrospective. The usual reason for passing a declaratory Act is to set aside what Parliament deems to have been a judicial
that Section 42 of the Specific Relief Act "is not exhaustive of cases in which declaratory suits may be maintained". They referred ... Section 42 of the Specific Relief Act is not exhaustive of the claims for relief of a declaratory nature.
36. We may also point
entitled to claim declaratory relief, he is entitled to
protection under Section 53-A of Transfer of Property Act
and he is entitled to protect ... Indian Limitation Act has given approval to the proposition
accepted in 1907 AC 73 and may be taken to be declaratory
that S. 42 of the specific Relief Act is not exhaustive of the cases in which a declaratory decree may be made and the courts ... present) of the specific Relief Act and the bare declaratory relief can be granted if it constitutes relief in the nature of legal right
follows:
(1) That the provisions of Section 281 of Income Tax Act,
are declaratory by statute itself.
(2) That for the purpose of proceedings against ... Recovery
Officer under Rule 11 of Schedule II to the Income Tax Act and
the finality is given to the order passed by the civil
relevant provision in the 1983 Act is Sub-section (2) of Section 3 . This provision of the Act by itself does not deal with ... behalf. Therefore, it may safely be summed up that while the Act is declaratory in nature as to the entire procedure to be followed
thereof. The Courts can under Section 42 of the Specific Relief Act grant declaratory relief in this behalf at the request of the person entitled ... Specific Relief Act.
It may be noted that the plaintiff in the instant case claims not only a declaratory relief to the voluntary offerings made
