Union of India
& Ors.27 to support the permissibility of referential legislation.
19. As regards the date for deciding repugnancy, it is submitted ... reference. The latter would fall in the category of
referential legislation, as done in the present case. The
petitioners have contended that such referential legislation
legislation or legislation by incorporation. A subsequent legislation
often makes a reference to earlier legislation so as to make the provisions
of the earlier legislation ... earlier
legislation applicable to matters covered by the later legislation.
Such a legislation may either be (i), a referential legislation which
merely contains a reference
earlier legislation
applicable to matters covered by the later
legislation. Such a legislation may either be
(i) a referential legislation which merely
contains a reference ... earlier legislation to which
reference is made are incorporated into the
later legislation by reference. If it is a
referential legislation the provisions
earlier legislation applicable to matters covered by the
later legislation. Such a legislation may either be (i) a
referential legislation which merely contains a reference ... earlier legislation to which reference is
made are incorporated into the late legislation by
reference. If it is a referential legislation the provisions
referred to in section 5 as a piece of
referential legislation.
(iii) even assuming that the Central Act was "incorporated"
into the Karnataka ... whether Section 5 is to be treated as a
pice of referential legislation'.
Incorporation of referential legislation and exceptions to
Incorporation - supplemental legislation
earlier
legislation applicable to matters covered by the later
legislation. Such a legislation may either be (i) a referential
legislation which merely contains a reference ... earlier legislation to which reference is made are
incorporated into the later legislation by reference. If it is a
referential legislation the provisions
sufficient to say that they draw a distinction between
referential legislation which merely contains a reference to
or citation of, a provision of another statue ... piece of
referential legislation which incorporates within itself a
provision of another statute. In the former case, the
provisions of the second statue, along with
legislative lists--Not sources of legislative
power--Merely topics or fields of legislation--Legislation
could be `composite legislation'--`Rag-bag' legislation--
Familiar ... Retroactivity of legislation---Test of
validity how applied.
Statutory Interpretation--Referential legislation---
Types of--Effect of--Legislation could be composite
legislation--`Rag-hag' legislation
Gauri Shankar Gaur And Others, Etc. vs State Of U.P. And Others on 12
LEGISLATE ON THE SUBJECT MATTER IN EXERCISE OF ITS
LEGISLATIVE POWER AND IT CHOSE TO LEGISLATE BY
INCORPORATION , A METHOD OF LEGISLATION WELL
RECOGNISED ... TOPIC BY ANY DRAFTING MEANS INCLUDING BY
REFERENTIAL LEGISLATION.
(J) THERE IS NOTHING IN THE IMPUGNED ACT WITH REGARD
TO THE ASSIGNMENT OF THE TAXES
