Declaratory - Judgment Search Results

Delhi Pollution Control Committee Vs. National Chemical and PharmA. En ...

Court: Supreme Court of India

Reported in: 2001(4)SCALE231

..... or mandamus issued by the court ineffective or invalid by a declaratory law that the previous decision of the court is illegal or ..... continue to apply to them even otherwise the rights secured by declaratory law were not affected the prospective operation of the act from ..... cannot be employed to uphold a law that directly nullifies the declaratory law made by the court in exercise of the power of .....

i.C.i.C.i. Ltd. Vs. Ceeta Industries Ltd. and ors.

Court: Supreme Court of India

Reported in: [2000(86)FLR676]; JT2000(7)SC395

..... to their juniors thus relief had been granted upon taking into consideration not only the declaratory relief prayed for but also the relief for mandatory injunction the executing court had rightly ..... rejected the objection to the execution petition raising a contention that a mere declaratory relief having been passed in favour of the decree holder they were not entitled to .....

M/S S. M. Dyechem Ltd. Vs. M/S Cadbury (India) Ltd.

Court: Supreme Court of India

Reported in: 2000LC1(SC); (2000)3GLR2548; JT2000(7)SC151; 2000(4)SCALE713; (2000)5SCC573; [2000]Supp1SCR86; 2001(1)LC181(SC)

..... is to be read along with article 276 of the constitution article 276 is also declaratory in its nature inasmuch as it declares that notwithstanding anything contained in arti8cle 246 no .....

Ruth Soren Vs. Managing Committee, East I.S.S.D.A. and ors.

Court: Supreme Court of India

Reported in: 2001(1)BLJR203; [2001(88)FLR354]; (2001)ILLJ165SC; 2000(7)SCALE718; [2000]Supp5SCR179

..... be construed to have a retrospective operation on the premise that it is clarificatory or declaratory in nature therefore subject to the constitutionality of the act in view of the explanation .....

Hindustan Aluminium Corporation Limited Vs. Satya NaraIn Singh and ors ...

Court: Supreme Court of India

Reported in: [2001(88)FLR341]; (2001)ILLJ178SC; 2000(7)SCALE716; (2001)9SCC213; 2001(1)LC152(SC); (2001)1UPLBEC1

..... be construed to have a retrospective operation on the premise that it is clarificatory or declaratory in nature therefore subject to the constitutionality of the act in view of the explanation .....

The Chief General Manager, State Bank of India, Circle Top House, 21 R ...

Court: Chennai

Reported in: 2000(3)CTC663

..... years below him for their respective promotions are affected in this process while granting such declaratory relief the consequences of granting such declaration also will have to be taken into consideration ..... have said that laches by themselves may in certain circumstances disentitle the plaintiff from getting declaratory relief even if the suit is not barred by limitation laches by themselves may .....

Bhagwan Dass Khanna Enterprises Vs. Assistant Commissioner of

Court: Income Tax Appellate Tribunal ITAT Delhi

Reported in: (2001)78ITD151(Delhi)

..... note of the aforesaid decision the presumption against retrospective operation is not applicable to declaratory statutes a declaratory act may be defined as an act to remove doubts existing as to the ..... expressed in the very terms of the provision the statutes which are curative or merely declaratory of the provisions or which relate to matters of procedure may have retrospective effect unless .....

Abex Corporation Vs. Deputy Commissioner of Income Tax

Court: Income Tax Appellate Tribunal ITAT Hyderabad

..... the presumption against retrospective operation is not applicable to declaratory statutes a declaratory act may be defined as an act to remove ..... held to be retrospective the usual reason for passing a declaratory act is to set aside what parliament deems to have ..... well settled that if a statute is curative or merely declaratory of the previous law retrospective operation is generally intended as .....

Bharat Petroleum Corporation Limited Vs. Petroleum Employees' Union an ...

Court: Mumbai

Reported in: 2001(2)BomCR464; (2001)1BOMLR693; (2001)IILLJ81Bom

..... civil courts to admit suits filed for a variety of declaratory reliefs and that the declaratory reliefs referred to in section 34 were notexhaustive it was ..... 14 of the act the powers of the court to grant a declaratory relief under section 34 was not shut out in view of ..... appellant may be that section 34 does not exhaust the categories of declaratory decrees that could be made by a civil court and a .....

Abex Corpn. Vs. Deputy Commissioner of

Court: Income Tax Appellate Tribunal ITAT Hyderabad

Reported in: (2001)78ITD235(Hyd.)

..... the presumption against retrospective operation is not applicable to declaratory statutes a declaratory act may be defined as an act to remove ..... held to be retrospective the usual reason for passing a declaratory act is to set aside what parliament deems to have ..... well settled that if a statute is curative or merely declaratory of the previous law retrospective operation is generally intended as .....