Search Results Page
Search Results
1 - 10 of 14 (0.31 seconds)C.N.Paramsivan & Anr vs Sunrise Plaza Tr.Partner & Ors on 9 January, 2013
In a judgment
reported as (2013) 9 SCC 460 (C.N. Paramasivam and another vs.
Sunrise Plaza Through Partner and others), the Court has held as under:-
Drugdeal Corporation vs Smith on 26 October, 1967
WP No.2788/15, WP-9716-16 & OTHERS
8
'When a single section of an Act of Parliament is
introduced into another Act, I think it must be read in the
sense which it bore in the original Act from which it was
taken, and that consequently it is perfectly legitimate to
refer to all the rest of that Act in order to ascertain what the
section meant, though those other sections are not
incorporated in the new Act.'Portsmouth Corpn. v. Smith,
(1885) 10 AC 364 (HL) at p. 371."
Ram Kirpal Bhagat & Ors vs State Of Bihar on 13 November, 1969
In Ram Kirpal Bhagat v. State of Bihar (1969) 3 SCC 471 this Court
examined the effect of bringing into an Act the provisions of an earlier Act
and held that the legislation by incorporation of the provisions of an earlier
Act into a subsequent Act is that the provisions so incorporated are treated
to have been incorporated in the subsequent legislation for the first time.
This Court observed: (SCC p. 478, para 18)
"18. ... The effect of bringing into an Act the
provisions of an earlier Act is to introduce the incorporated
sections of the earlier Act into the subsequent Act as if
those provisions have been enacted in it for the first time.
The nature of such a piece of legislation was explained by
Lord Esher, M.R. in Wood's Estate, In re that: (Ch D p. 615)
'if some clauses of a former Act were brought into
the subsequent Act the legal effect was to write those
sections into the new Act just as if they had been written in
it with the pen'."
Mahindra & Mahindra Ltd vs Union Of India & Anr on 24 January, 1979
19. To the same effect is the decision of this Court in Mahindra and
Mahindra Ltd. v. Union of India, (1979) 2 SCC 529 wherein this Court
held that once the incorporation is made, the provisions incorporated
become an integral part of the statute in which it is transposed and
thereafter there is no need to refer to the statute from which the
incorporation is made and any subsequent amendment made in it has no
effect on the incorporating statute. The following passage is in this regard
apposite: (SCC p. 548, para 8)
"8. ... The effect of incorporation is as if the provision
incorporated were written out in the incorporating statute
and were a part of it. Legislation by incorporation is a
common legislative device employed by the legislature,
where the legislature for convenience of drafting
incorporates provisions from an existing statute by
WP No.2788/15, WP-9716-16 & OTHERS
9
reference to that statute instead of setting out for itself at
length the provisions which it desires to adopt. Once the
incorporation is made, the provision incorporated becomes
an integral part of the statute in which it is transposed and
thereafter there is no need to refer to the statute from which
the incorporation is made and any subsequent amendment
made in it has no effect on the incorporating statute."
Onkarlal Nandlal vs State Of Rajasthan & Anr on 23 September, 1985
20. We may also refer to the decisions of this Court in Onkarlal
Nandlal v. State of Rajasthan (1985) 4 SCC 404, Mary Roy v. State of
Kerala (1986) 2 SCC 209, Nagpur Improvement Trust v. Vasantrao (2002)
7 SCC 657 and Surana Steels (P) Ltd. v. CIT (1999) 4 SCC 306 which
have reiterated the above proposition of law."
Nagpur Improvement Trust vs Vasantrao And Others on 26 September, 2002
20. We may also refer to the decisions of this Court in Onkarlal
Nandlal v. State of Rajasthan (1985) 4 SCC 404, Mary Roy v. State of
Kerala (1986) 2 SCC 209, Nagpur Improvement Trust v. Vasantrao (2002)
7 SCC 657 and Surana Steels (P) Ltd. v. CIT (1999) 4 SCC 306 which
have reiterated the above proposition of law."
Surana Steels Pvt. Ltd. Etc. Etc vs Deputy Commissioner Of Income Tax And ... on 13 April, 1999
20. We may also refer to the decisions of this Court in Onkarlal
Nandlal v. State of Rajasthan (1985) 4 SCC 404, Mary Roy v. State of
Kerala (1986) 2 SCC 209, Nagpur Improvement Trust v. Vasantrao (2002)
7 SCC 657 and Surana Steels (P) Ltd. v. CIT (1999) 4 SCC 306 which
have reiterated the above proposition of law."
Central Bank Of India vs Ravindra And Ors on 18 October, 2001
11. The directions issued by the Registrar are in terms of Section 55(1) of
the Act; therefore, they have the force of statute. Reference can be made to a
Constitutional Bench judgment reported as (2002) 1 SCC 367 (Central
Bank of India vs. Ravindra and others) wherein the Court has held as
under:-