AIR 1968 SUPREME COURT 1395

Supreme Court Of India

(From Bombay)*

Hon'ble Judge(s): M. Hidayatullah, J. C. Shah, S. M. Sikri, R. S. Bachawat, G. K. Mitter, C. A. Vaidialingam, K. S. Hegde , JJJ

(A) Maharashtra Agricultural Lands (Ceiling on Holdings) Act (27 of 1961) , Preamble, S.28— (as amended by Act 13 of 1962) - Tenancy Laws - Act as amended is valid - Mention of principal Act without mention of Amending Act in Item 34 in Schedule 9 to the @page-SC1396Constitution by Constitution (7th Amendment) Act, 1964, includes all amendments upto the date of the Constitution (7th Amendment) Act Civil P.C. (5 of 1908) , Preamble— Interpretation of Statutes Constitution of India (as amended by Seventh Amendment) Act (1964) , — Art.31B, Art.14, Sch.IX Item.34 Article 31B, after its amendment by Constitution 7th Amendment Act l964 protects the Maharashtra Act 27 of 1961, as amended by Act 13 of 1962 from challenge on the ground of violation of fundamental rights. There is no doubt that Article 31B should be interpreted strictly. But even interpreting it strictly, the only requirement which is laid down by Article 31B is that the Act should be specified in the Ninth Schedule. The impugned Act has been specified in the Ninth Schedule in entry 34 as "The Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (Maharashtra Act XXVII of 1961)" which may be referred to as the Principal Act, and no mention is made of the Amending Act, namely, Maharashtra Act XIII of 1962. Ordinarily if an Act is referred to by its title, it is intended to refer....