Declaratory Statutes - Law Dictionary Search Results
Home Dictionary Name: declaratory statutesDeclaratory 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....
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)....
Directory Statute
Directory Statute. The term directory, when applied to a statute (or part of a statute) which enjoins or forbids the doing of certain acts, is used in two different senses:-(I) As opposed to declaratory, i.e., a statute which merely declares what the Common Law is, 1 Bl. Com. 54 and 86.(II) As opposed to imperative. When a statute directs that an act should be done in a specific manner, or authorizes it upon certain conditions, if a strict compliance with its provisions is not essential to the validity of the act, it is said to be directory, although the performance might be enforced by mandamus, but if such compliance is essential, it is said to be imperative. See per Lord Mansfield in R. v. Loxdale, (1758) 1 Burr. 445; Maxwell on Statutes...
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 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 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....
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.]...
Frauds, Statute of
Frauds, Statute of, 29 Car. 2, c. 3 (A.D. 1676). This famous statute is said to have been famed by Sir Matthew Hale, Lord Keeper Guilford, and Sir Leoline Jenkins, an eminent civilian. Lord Nottingham used to say of it, that 'every line was worth a subsidy,' and it has been said that at all events the explanation of every line has cost a subsidy, no statute having been the subject of so much litigation. The statute, though it does not apply or have any Act corresponding to it in Scotland, was practically copied by the Irish Parliament in 7 Wm. 3, c. 12, applies generally to the British colonies, and, remarks Mr. Chancellor Kent (2 Com. 494, n. (d), 'carries its influence through the whole body of American juris-prudence, and is in many respects the most comprehensive, salutary, and important legislative regulation on record affecting the security of private rights.'The main object of the statute was to take away the facilities for fraud and the temptation to perjury which arose in verb...
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