Section 144(l)(b) .
(iv) Regarding the principle of referential legislation canvassed by learned Departmental Representative in view of the Supreme Court judgment ... case of Ujagar Prints (supra), wherein the principles of referential legislation has been explained. The relevant discussion is in para 49 of the judgment, which
Union of India & Ors. (supra) has ruled to describe referential legislation and meaning of 'so far as may be' and has held ... upon the general principles applicable to what is described as 'referential legislation' of which this is an instance. Legislatures sometimes take a short
would, I think be carrying the theory of
referential legislation too far to assume that Section 9(2) of the Central
Act, 1956, purported ... long-drawn arguments are
needed to explain if the Act by referential legislation or legislation by
incorporation levies penalty or not, it is better
further contended that Section 126 is an
instance of referential legislation.
The answer to the question depends on the examination of
provisions contained in Chapter
Supreme Court considered the difference between the 'legislation by incorporation' and 'legislation by reference'.
11. In Nagpur Improvement Trust v. Vasantrao ... into the later. But this must be distinguished from a referential legislation which merely contains a reference or the citation of the provisions
legislation. This delegated legislative power is not to make the law by itself but the power to apply respective State Rent Acts by referential incorporation ... suitable modifications.
9. Let me examine generally the effect of legislation by referential incorporation i.e. to say where one statute (in this case
