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january 2011

Supreme Court of India · 2011-01-11

M/S. GIRNAR TRADERS vs STATE OF MAHARASHTRA .

Citation / case number
SC 2000/9276
Court
Supreme Court of India
Petitioner
M/S. GIRNAR TRADERS
Respondent
STATE OF MAHARASHTRA .
Author
Swatanter Kumar
Bench
S.H. KAPADIA,MUKUNDAKAM SHARMA,K.S. PANICKER RADHAKRISHNAN,SWATANTER KUMAR,ANIL R. DAVE

Judgment text excerpt

The Supreme Court addressed the distribution of legislative powers between the Centre and the States under Article 246 of the Constitution of India, emphasizing the importance of legislative lists in determining constitutionality. The Court reaffirmed the doctrines of 'legislation by reference' and 'legislation by incorporation', as established in prior judgments, including the Privy Council's ruling in Secretary of State for India in Council v. Hindusthan Co-operative Insurance Society Ltd. The Court noted the criticisms of these doctrines but upheld their relevance in the context of legislative interpretation.

M/S. GIRNAR TRADERS vs STATE OF MAHARASHTRA . · Niyam