AIR 1978 SUPREME COURT 793 ::1978 2 SCC 542 ::1978 U J (SC) 463 ::1978 MadLJ411 ::1978 MPLJ 426 ::1978 JabLJ 541 ::1978 2 SCWR 134

Supreme Court Of India

(From : 1971 Jab LJ 151)

Hon'ble Judge(s): R. S. Sarkaria, N. L. Untwalia, P. S. Kailasam , JJJ

(A) Madhya Pradesh Land Revenue Code (1959) , S.151— Expression "personal law" - Scope of. The expression "personal law" referred to in S. 151 of the Code, comprehends the Hindu Succession Act 1956. There are no words in that Section or else-where in the Code, which limit the scope of the expression "personal law" to that prevailing on February 5, 1955 when the Code came into force. On the contrary, the words "on his death" used in S. 151, clearly show that the legislative intent was that "personal law" as amended upto the date on which the devolution of the tenure-holder's interests is to be determined, shall be the rule of decision. AIR 1966 Bom 64 and AIR 1968 Madh Pra 247 and Judgment of Tare, C. J. in AIR 1974 Madh Pra 141 (FB), Approved.(Para 26 28) (B) Reference statute - Legislation by incorporation - Subsequent amendment in referred statute - Rule of construction. Broadly speaking legislation by referential incorporation falls in two categories : First, where a statute by specific reference incorporates the provisions of another statute as of the time of adoption. Second, where a statute incorporates by general reference the law concerning a particular subject, as a genus. In the case of the former, the subsequen....