Declaratory - Law Dictionary Search Results
Home Dictionary Name: declaratorydeclaratory
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 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.]...
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....
judgment
judgment also judge·ment [jəj-mənt] n 1 a : a formal decision or determination on a matter or case by a court ;esp : final judgment in this entry compare dictum, disposition, finding, holding, opinion, ruling, verdict NOTE: Under Rule 54 of the Federal Rules of Civil Procedure judgment encompasses a decree and any order from which an appeal lies. cog·no·vit judgment [kÄ g-nō-vit-] : an acknowledgment by a debtor of the existence of a debt with agreement that an adverse judgment may be entered without notice or a hearing : confession of judgment consent judgment : a judgment approved and entered by a court by consent of the parties upon agreement or stipulation : consent decree at decree declaratory judgment : a judgment declaring a right or establishing the legal status or interpretation of a law or instrument [seeking a declaratory judgment that the regulation is unconstitutional] compare damage, injunction specific performance at per...
regulatory taking
regulatory taking : an appropriation or diminution of private property rights by a governmental regulation which exceeds the government's legitimate police power (as the power to enact safety regulations) and for which the owner may seek a writ of mandamus, declaratory relief, or just compensation (as by inverse condemnation) compare physical taking, zoning NOTE: In order to determine whether a regulatory taking is effected by a regulation, a court will consider the government's interest that is being furthered by the regulation, the breadth or specificity of the regulation, and the extent of the regulation's impact on the owner's property rights and expectations. The U.S. Supreme Court has held that an owner can bring an action for compensation when the taking has deprived the owner of all use of the property even temporarily. Otherwise, the owner may be entitled only to declaratory relief. ...
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