said Act. The language of Clause iii(b) of Section 27 of the said Act
shall be deemed to be declaratory and clarificatory ... applicable to
declaratory statues. As stated in Craies and approved by the Supreme Court:
'For modern purposes a declaratory Act may be defined
itself.
Further, West Bengal Act XI of 1961 does not purport to amend the Public Demands Recovery Act (Bengal Act III of 1913). It only ... along was substantial compliance with the forms and procedure. The declaratory Act only seeks to make this position clear, for the position was getting obscured
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
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
created by the Act. The use of the words 'It is declared' is not conclusive that the Act is declaratory for these words ... retrospective. In the absence of clear words indicting that the amending Act is declaratory, it would not be so construed when the pre-amended provision
Governor-General on the 7th March 1913, is a declaratory Act and is consequently retrospective in operation. It need not be disputed that; Statutes which ... preamble. Section 1 states that the Act may be called the Mussalman Wakf Validating Act, 1913 . Section 3 then provide? as follows:-"It shall
defined in Schedule 1 of the Calcutta Municipal Act, 1899. Consequently, when the Bengal Tenancy Amendment Act, 1907, came into force, the land ceased ... Amendment Act, 1 907, is described as an Act to amend the Bengal Tenancy Act, 1885 ; it is not even in terms a declaratory Act
Specific Relief Act, 1877 or Section 34 of the Specific Relief Act, 1963 are not exhaustive and some declaratory suits which may not strictly come ... scope and ambit of Section 34 of the Specific Relief Act, 1963 and the declaratory relief prayed for in the instant suit not being covered
Act. Section 195, C1. (e), Ben. Ten. Act, as it stood before, laid down that nothing in the Bengal Tenancy Act would affect any enactment ... said to be in the nature of a declaratory Act, where the presumption against construing it retrospectively is said to be inapplicable. The leading case
unambiguous language. Then Section 6 , General Clauses Act (Act 10 of 1897) lays down that when an Act of the Governor-General in Council repeals ... amending Act of the Bengal Council, like Act 1 of 1907, unless of course the amending Act is a declaratory Act. But Act
