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
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
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 to supply
applicable to declaratory statutes. As stated in Craies and approved 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 retrospectively. An explanatory Act is generally passed to supply
applicable to declaratory statutes. As stated in Craies and approved 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 retrospectively. An explanatory Act is generally passed to supply
applicable to declaratory statutes. As stated in Craies and
approved by the Supreme Court:―For modern purposes a
declaratory Act may be defined ... clear words indicating that the amending Act is declaratory,
it would not be so construed when the amended provision was
clear and unambiguous. An amending
applicable to declaratory statutes. As stated in Craies and
approved 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 retrospectively. An explanatory
Act is generally passed to supply
prayed for and therefore, under Section
34 of the Special Relief Act, mere declaratory suit without
seeking possession, is not maintainable. It is stated that ... submitted that as per the Article- 58 of the Limitation Act ,
limitation for declaratory suit on multiple cause of action began
to run from
Chancery Procedure Act, 1852. Under Section 50 of the
said Act, the courts in England got the power to grant declaratory decrees. This
provision ... that Act. The 1877 Specific Relief
Act was replaced by the Specific Relief Act, 1963 and the corresponding
provision under the new Act is Section
Act only covers declaration of suits relating to IP
Rights, whereas, Section 25(d) of the Act specifically governs declaratory
decrees involving non-monetary subject ... towards Court fee under Section
25(d) of the Act for declaratory decree and Rs.150/- towards the Court fee
under Section
