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SourceLaw Dictionary Browse Letter D

Declaration

Legal definition for Indian law research

Definition

Declaration, a proclamation or affirmation, open expression or publication.

A statement on the plaintiff's part of his cause of action, following after service of the writ of summons; abolished in 1875 by the (English) Judicature Acts, which substituted a statement of claim. See STATEMENT OF CLAIM.

A mere determination or a finding or order that a person/family unit holds land less than the ceiling limit is not a 'declaration' and, therefore, not appealable, Ganpatrao Gulabrao Pawar v. State of Maharashtra, 1993 Supp (1) SCC 87: AIR 1992 SC 1183 (1187). [Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, s. 45(2) Proviso and 21& 33]

A declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of sections 199 and 200. Indian Penal Code (45 of 1860), s. 200, Expl.

It is a statement of material facts, if may constitute a formal announcement or a deliberate statement. A declaration must be announced solemnly or officially. It must be made with a view to make known or to announce, Prativa Pal v. J.C. Chatterjee, AIR 1963 Cal 470

Definitions are for legal research. Always verify meaning in the context of the statute, judgment, or jurisdiction cited.

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