Act of 1995 urged that the right of a co-sharer to pre-empt
sale having been extinguished by substituted Section 15 of the Act ... respondents suit must fail. Secondly it was urged that the
amending Act being declaratory in nature, it has retrospective effect
and consequently, whatever the right
Act of 1995 urged that the right of a co-sharer to pre-empt
sale having been extinguished by substituted Section 15 of the Act ... respondents suit must fail. Secondly it was urged that the
amending Act being declaratory in nature, it has retrospective effect
and consequently, whatever the right
provision in Section 30 of the
Act.
All the above got introduced in original Act by the Amendment
Act by way of substitution ... appear to be a declaratory
Act. But if the Court finds an Act as declaratory or explanatory it has to
construe as retrospective. Further held
appellants
that the amending Act whereby new Section 15 of the
Act has been substituted is declaratory and,
therefore,has retroactive operation. Ordinarily when ... appear to be a declaratory Act but if the
Courts finds an Act as declaratory or explanatory it has
to be construed as retrospective. Conversely
appellants
that the amending Act whereby new Section 15 of the
Act has been substituted is declaratory and, therefore,
has retroactive operation. Ordinarily when ... appear to be a declaratory Act but if the
Courts finds an Act as declaratory or explanatory it has
to be construed as retrospective. Conversely
appellants
that the amending Act whereby new Section 15 of the
Act has been substituted is declaratory and, therefore,
has retroactive operation. Ordinarily when ... appear to be a declaratory Act but if the
Courts finds an Act as declaratory or explanatory it has
to be construed as retrospective. Conversely
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
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
existence if the Amending Act so provides. But Sections 92 and 95 of the Transfer of Property Act, as amended in 1929, which undoubtedly ... said that on a proper construction of Section 63 of the Amending Act XX of 1929, the legislature had expressly or by necessary implication provided
