applicable to declaratory statutes. As stated in CRAIES and ap-
proved by the Supreme Court : "For modern purposes a
declaratory Act may be defined ... Act is 'to explain' an earlier
Act, it would be without object unless construed retrospective.
An explanatory Act is generally passed to supply
Act, 1977 ?
1. Whether the amendment by Maharashtra Act 32 of 1990
introduced on 6.12.1990 to the provisions of the said Act is
declaratory ... Central
Act and the State Act, to the extent of inconsistency or
repugnancy, the Act of Parliament will operate and the Act of
State Legislature
held that the Act has retrospective application was because in his considered view the Act is declaratory. A scrutiny of all the 7 sections ... whether the new Act is retrospective or prospective, in the light of the aforesaid observations that the Act is not declaratory in character, the conclusion
Karim Abdul Rehman Shaikh vs Shehnaz Karim Shaikh & Others on 11 July, 2000
Equivalent
Act as distinguished from a remedial Act. After an elaborate examination of the question the learned Judges came to the conclusion that the Act ... after the Act came into force.
(9) Mr. Bhasme for the appellant does not dispute that the Act is not merely a declaratory
applicable to declaratory legislation. As per Crais Statute Law, 1st Edition, p. 58, "for modern 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
Shri Ashok Gangadhar Shedge vs Ramesh Gangadhar Shedge on 9 June, 2014
Author: R. G
applicable to declaratory statues. As stated in Craies and
approved by the Supreme Court: For modern purpose a
declaratory Act may be defined ... Act is ' to
explain' an earlier Act, it would be without object unless
construed retrospective. An explanatory Act is generally
passed to supply
this Act, be disposed of by such Magistrate in accordance with the provisions of this Act,"
It will be seen that the Act does ... sense, the Act is declaratory in character. When is the Act declaratory ? According to Blackstone (l Comm, 86) "where the old custom
applicable to declaratory statues. As stated in Craies and
approved by the Supreme Court: For modern purpose a
declaratory Act may be defined ... Act is ' to
explain' an earlier Act, it would be without object unless
construed retrospective. An explanatory Act is generally
passed to supply
