Act called the Public Service Act, of 1895 was passed, Section 58 of which provided:
Nothing in this Act or in the Civil Service Act ... Act 27 of 1926 is a purely declaratory Act or not. If an Act is purely declaratory, that is to say, if it enacts nothing
applicable to declaratory statutes as stated in Craies on Statute Law, VII Edition, p. 58 :
"For modern purposes, a declaratory Act may be defined ... Act contains a preamble, and also the word declared as well as the word enacted."
An Act can be considered declaratory when a provision
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 court 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 ... Act is "to explain" an earlier Act, it would be without object unless construed retrospectively. An explanatory Act is generally passed to supply
reads as follows :
"74. Declaratory statutes.--Generally speaking, declaratory statutes can be divided into two classes : (1) those declaratory of the common ... applicable to declaratory statutes. As stated in Craies and approved by the Supreme Court :
'For modern purposes a declaratory Act may be defined
cancellation of an instrument under Section 39 , Specific Relief Act the relief is not a declaratory one. It falls neither under Section ... should be considered to be one for a simple declaratory relief or for a declaratory relief with a consequential relief. It was held that
Where
retrospective, but if any Act or any provision of the Act, Rules or Government Orders are of a curative, declaratory, explanatory or clarificatory nature, then ... applicable to declaratory statutes. As stated in CRAIES and approved by the Supreme Court: For modern purposes a declaratory Act may be defined
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
declaratory in nature. Such statutory provisions are labelled as "declaratory statutes". The circumstances under which provisions can be termed as "declaratory statutes ... Act is ''to explain' an earlier Act, it would be without object unless construed retrospective. An explanatory Act is generally passed
Act to have come into force on that date. This Act is entitled
an Act to explain certain provisions of the Transfer of Property Act ... Acts, like judgments, decide cases pending when the judgments are given, but do not reopen decided cases.
Where an Act is in its nature declaratory
