decrees obtained
under the Punjab Custom (Power to Contest) Act, 1920 , as
amended by Act 12 of 1973, held that though a suit to contest ... possession would not be
maintainable on the basis of a declaratory decree as the declaratory
decree did not convey any title in favour
press the same, but submitted that Section 43B of the Act being a declaratory statute must be held to have retrospective operation as, otherwise ... shall stand on a different footing if the Act is merely an explanatory, clarificatory or declaratory statute (See para 4 of Rathod 's case
also the provisions
of the Hindu Succession Act while arriving at the said finding. Moreover, a
declaratory decree obtained by a reversioner is not binding ... independent of
the declaratory decree, although such right has been noticed therein. We
would consider the question of applicability of Limitation Act little later
including the Benami
Transactions Act .
'Benami Transaction' has been defined in Section 2(a) of the Benami
Transactions Act to mean any transaction ... enter into a
benami transaction.
The Benami Transaction Act is not a piece of declaratory or curative
legislation. It creates substantive rights in favour
also the provisions
of the Hindu Succession Act while arriving at the said finding. Moreover, a
declaratory decree obtained by a reversioner is not binding ... independent of
the declaratory decree, although such right has been noticed therein. We
would consider the question of applicability of Limitation Act little later
effect and, therefore, if the principal Act was
existing law when the Constitution came into
force, the amending Act also will be part ... held to be a
32
declaratory one but thereby the scope of Section 9(1)(ii) of the Act was
widened
Act, a fresh suit
will not be maintainable.
The Punjab Limitation (Custom) Act, 1920 (The said Act) was
enacted to amend and consolidate ... field.
Section 8 of the said Act reads as under:
" 8. Benefit of declaratory decree: When any
person obtains a decree declaring that
Trade Tax Act, 1948 (for short, 'the
Act') on 01.08.1990, being clarificatory/declaratory has retrospective
effect.
The learned counsel has placed strong reliance ... bottles
finds place in Entry 20 in the Scheduled appended to the Act, despite the
fact that no sales tax is payable on country liquor
Specific Relief Act and no such power having been conferred under the Arbitration Act, 1940 , the arbitrator cannot make any declaratory award and, thus, award ... lity. The learned Counsel submits that like a declaratory decree, declaratory award can also be passed and as the executing Court cannot go behind
wherein
the effect of an amendment in the Haryana Municipal Act, 1973 by Act
No.15 of 1994 whereby the word "after ... Judge
Bench held the said amendment to have a retrospective effect being
declaratory in nature as thereby obvious absurdity occurring in the first
amendment
