AIR 1979 MADRAS 223 ::(1979) 92 Mad LW 275 ::(1979) 2 MadLJ33 ::(1979) Mad LW 275 ::(1979) ILR 2 MAD 337

Madras High Court

Hon'ble Judge(s): T. Ramaprasada Rao , C.J. AND Ramanujam, Varadarajan , JJ

Tamil Nadu Hindu Women's Right to Property (Extension to Agricultural Lands) Act (26 of 1947) , Preamble— Act does not suffer from legislative incompetence for adopting Hindu Women's Right to Property Act. Government of India Act (1935) (25 and 26 Geo 5 C 42) , Sch.VII List II Entry 21— As the incorporation of Acts passed by one Legislature by another legislative body is permissible, the Tamil Nadu Act which by necessary implication adopts and incorporates Hindu Women's Right to Property Act in relation to agricultural lands is quite valid and it does not suffer from legislative incompetence.(Para 16) The Legislature can, if it so chooses, adopt the provisions of an existing Act and incorporate the same as part of its Act for purpose of convenience is no longer in dispute. As the Provincial Legislature has got the competence to make a law on devolution of agricultural property, the fact that it has, instead of making an independent legislation, adopted a shortened form of incorporation by reference to a Central Act does not make it unconstitutional. AIR 1974 SC 1660 and AIR 1975 SC 1389 Foll.(Para 11) Further, the Act cannot be said to be invalid on the ground that it confers legislative competence on the Federal Legislature in respect of agricultural lands on the basis that the Cen....