Declaratory Actions - Law Dictionary Search Results
Home Dictionary Name: declaratory actionsDeclaratory actions
Declaratory actions, those wherein the right of the pursuer is craved to be declared; but nothing claimed to be done by the defender, Ibid....
class action
class action : an action in which a representative plaintiff sues or a representative defendant is sued on behalf of a class of plaintiffs or defendants who have the same interests in the litigation as their representative and whose rights or liabilities can be more efficiently determined as a group than in a series of individual suits called also class action suit class suit see also certification compare consolidate, joinder test case at case NOTE: Rule 23 of the Federal Rules of Civil Procedure sets out the prerequisites for having an action certified as a class action in federal court. Section (a) permits a class action if “(1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.” If th...
Declaratory decree
Declaratory decree, a binding declaration of right in equity without consequential relief, which might be made under the (English) Chancery Procedure Act, 1852 (15 & 16 Vict. c. 86), ss. 50, 51; but this Act was very narrowly construed. The powers of the Court have since been greatly extended by Ord. XXV., r. 5, and actions can now be brought merely to declare rights, Ellis v. Duke of Bedford, (1899) 1 Ch 515, though the jurisdiction is exercised with great caution.A declaration which is of no practical use to plaintiff ought not to be granted.A decree which simply declares the rights of the parties or express the opinion of the court on any question without ordering to be done [S. 7(iv)(c), Court-Fees Act.]...
declaratory
declaratory : serving to declare, set forth, or explain: as a : declaring what is the existing law b : declaring a legal right or interpretation [ relief] see also declaratory judgment at judgment ...
Declaratory
Declaratory, as the Kerala Land Reforms Act, 1963 is 'declaratory', the presumption against construing it retrospectively so as to respect vested rights, is not applicable. As sub-s. (3) of s. 84 in terms clarifies the meaning of the expression 'ceiling area' with reference to which certain voluntary transfers are to be invalidated, it is clearly retrospective as it is meant to invalidate the transfers made after September 15, 1963 when the Bill of 1963 was published, Chettiam Veetil Ammad v. Taluk Land Board, (1980) 1 SCC 499: AIR 1979 SC 1573: (1979) 3 SCR 839.Explanation: clear: designed to fix or elucidate what before was uncertain or doubtful....
Declaratory and remedical Act
Declaratory and remedical Act, a declaratory Act may be defined as an Act, to remove doubts existing as to the common law, or the meaning or effect of any statute. Such Acts are usually held to be retrospective. A remedial Act, on the contrary, is not necessarily retrospective; it may be either enlarging or restraining and it takes effect prospectively, unless it has retrospective effect by express terms or necessary intendment, Central Bank of India v. Their Workmen, AIR 1960 SC 12 (27)....
declaratory judgment
declaratory judgment see judgment ...
Declaratory
Making declaration explanation or exhibition making clear or manifest affirmative expressive as a clause declaratory of the will of the legislature...
Declaratory Statutes
Declaratory Statutes, those which declare what the Common Law is and ever has been, as the Bill of Rights, 1 W. & M. sess. 2, c. 2....
Cause of action
Cause of action, a cause of action is a bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in the suit. For the aforementioned purpose, the material facts are required to be stated but not the evidence except in certain cases where the pleading relied on any misrepresentation, fraud, breach of trust, wilful default or undue influence, Liverpool & London S.P. & I Assocn. v. M.V. Sea Success, (2004) 9 SCC 512 (562). [Civil Procedure Code, 1908, O. 7, R. 11(9)]--It is only that court in whose jurisdiction the 'cause of action' did arise will have Jurisdiction to entertain an application either under section 9 or under section 11 of the Act (Arbitration and Conciliation Act, 1996); Indian Iron and Steel Company Ltd. Kolkata v. Tiwari Roadlines, Hyderabad, AIR 2006 AP 1.Means every fact which it is necessary to establish to support a right to obtain a judgment, Prem Chand Vijay Kumar v. Yashpal Singh, (2005) 4 SCC 417.Is a bundle of facts...
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