Declaration - Definition - Law Dictionary Home Dictionary Definition declaration

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