Khemka & Co. (Agencies) Pvt. Ltd. vs State Of Maharashtra on 27 February, 1975
Equivalent
power of conditional legislation which is different from
the power of delegated legislation. It is submitted that it
is not a recurring power; it exhausts ... change the basic
scheme and structure of the enactment or the legislative
policy ingrained in it. The submission is that the impugned
notification, dated
entirely
recast in 1958. it would be carrying the theory of
referential legislation too far to assume that s. 9(2) of
the Central
does not always justify the means, and even
beneficial schemes under welfare legislation have to be
executed in accordance with the appropriate ... simple and self-contained.
The introduction of provisions of another Act referentially
in vital matters creates avoidable difficulties and
Irrigation. [79 D]
73
JUDGMENT:
CIVIL