Declaratory - Judgment Search Results

Dabur India Ltd. Vs. Commissioner of Central Excise

Court: Supreme Court of India

Reported in: 2003LC129(SC); 2003(157)ELT129(SC)

..... or mandamus issued by the court ineffective or invalid by a declaratory law that the previous decision of the court is illegal or ..... cannot be employed to uphold a law that directly nullifies the declaratory law made by the court in exercise of the power of ..... the constitution or colourable exercise of the power to overrule a declaratory judgment of the court 2 the appellant carries on its business .....

Dulal Poddar Vs. Executive Engineer, Dona Canal Division and ors.

Court: Supreme Court of India

Reported in: 2004(5)ALLMR(SC)158; 2004(1)ARBLR24(SC); 2004(1)BLJR172; [2004(1)JCR97(SC)]; 2003(9)SCALE670; (2004)1SCC73; [2004]49SCL1(SC)

..... 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 .....

State of Punjab and ors. Vs. Charanjit Singh

Court: Supreme Court of India

Reported in: AIR2003SC4317; 2004(2)ALT8(SC); JT2003(Suppl1)SC319; 2003(8)SCALE12; (2003)8SCC458; 2004(1)SLJ238(SC)

..... 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 .....

State of Maharashtra Vs. S.D. Shinde and Co.

Court: Supreme Court of India

Reported in: AIR2003SC4349; 2003(6)ALT20(SC); 2003(3)ARBLR314(SC); 2003(4)AWC3300(SC); JT2003(Suppl1)SC353; 2003(8)SCALE9; (2003)8SCC131; [2003]47SCL799(SC); 2004(1)LC242(SC)

..... 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 .....

Additional Commissioner of Vs. Hughes Services (Far East) (P.)

Court: Income Tax Appellate Tribunal ITAT Delhi

Reported in: (2003)87ITD137(Delhi)

..... the contention of the learned dr whether the amendment by finance act 1999 was clarificatory declaratory and therefore retrospective in operation such contention cannot be accepted for the reason that ..... given retrospective effect to the original explanation from a particular date because it was not declaratory otherwise there was no need to give retrospective effect had the legislature intended to .....

Gratz Vs. Bollinger

Court: US Supreme Court

..... u s c 1981 they sought compensatory and punitive damages for past violations declaratory relief finding that respondents violated their rights to nondiscriminatory treatment an injunction ..... app 33 petitioners sought inter alia compensatory and punitive damages for past violations declaratory relief finding that respondents violated petitioners rights to nondiscriminatory treatment an injunction .....

Tallapragada Narasimhamurthy Vs. Director, School Education and anr.

Court: Andhra Pradesh

Reported in: 2003(3)ALD482

..... of first instance the learned counsel also further submitted that granting declaratory relief relating to a date of birth is definitely something ..... injunction a consequential or ancillary relief in view of the declaratory relief relating to the date of birth granted in favour ..... prayed for cannot be granted by this court though the declaratory relief relating to the date of birth granted by the .....

Commissioner of Income-tax Vs. Kerala Electric Lamp Works Ltd. and Cro ...

Court: Kerala

Reported in: (2003)183CTR(Ker)182; [2003]261ITR721(Ker)

..... been he referred to the meaning of the word declaratory and declaratory statutes given in black s law dictionary in support ..... retrospective in operation according to learned counsel the explanation being declaratory in nature the effect of it is to elucidate what ..... relevant words was totally ignored earlier and the newly added declaratory provision embodies the ordinary and natural meaning of those .....

inyo County Vs. Paiute-shoshone Indians of Bishop Community of Bishop ...

Court: US Supreme Court

..... and the sheriff in federal court asserting sovereign immunity from state court processes and seeking declaratory injunctive and monetary relief the parties and as amicus curiae the united states agree ..... what prescription of federal common law enables a tribe to maintain an action for declaratory and injunctive relief establishing its sovereign right to be free from state criminal processes .....

Cit Vs. Kerala Electric Lamp Works Ltd.

Court: Kerala

Reported in: [2003]129TAXMAN549(Ker)

..... had been he referred to the meaning of the word declaratory and declaratory statute given in blacks law dictionary in support thereof 8 ..... in operation according to the learned counsel the explanation being declaratory in nature the effect of it is to elucidate what ..... only by way of abundant caution and that is only declaratory therefore the purpose and impact of the explanation introduced by .....