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R.K. Agarwal vs Securities & Exchange Board Of India on 30 April, 2001 cites

Sodhi Transport Co. & Anr. Etc. Etc vs State Of U.P. & Anr. Etc. Etc on 20 March, 1986

'It would, thus, appear that section 45K(3) is an enabling provision enacted to empower the bank to regulate the conditions on which deposits may be accepted by non-banking companies or institutions and (the) to prevent malpractices in the matter of acceptance of such deposits. Such an enabling provision must be so construed as to subserve the purpose for which it has been enacted. It is a well accepted canon of statutory construction that it is the duty of the court to further Parliament's aim of providing a remedy for the mischief against which the enactment is directed and the court should prefer a construction which advances this object rather than one which attempts to find some way of circumventing it'... .' Section 45K is in the nature of an enabling provision. In the matter of construction of enabling statutes, the principle applicable is that if the Legislature enables something to be done, it gives power at the same time, by necessary implication, Co do everything which is indispensable for the purpose of carrying out the purpose in view - See Caries on Statutes, 7th edn., p. 258. It has been held that the power to make a law with respect to any subject carries with it all the ancillary and incidental powers to make the law effective and workable and to prevent evasion - See Sodhi Transport Co. v. State of UP[1986] 1 SCR 939 at pp. 947-48/AIR 1986 SC 1099.
Supreme Court of India Cites 14 - Cited by 176 - E S Venkataramiah - Full Document
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