Supreme Court of India

Chairman, Rajasthan State Road Transport Corporation & Ors. v. Smt. Santosh & Ors.

Neutral citation
Reported as [2013] 3 S.C.R. 720
Bench Dr. B.S. Chauhan and Fakkir Mohamed Ibrahim Kalifulla JJ.
Decided 10 May 2013

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the above, as the 'Jugaad' is covered in the definition ofthe motor vehicle under Section 2(28) of the Act, D the statutory authorities cannot escape from their duty to enforce · the law and restrain the plying of 'Jugaad'.

Judgment, page 18

From the headnote

CONSTITUTIONAL LAW: Separation of powers - Issuance of directions by constitutional courts in case of legislative vacuum - HELD: So far as the legislation by court is concerned, as a corollary 0 to doctrine of separation of powers, a judge merely applies the law that it gets from legislature - He is simply not authorised to legislate - However, simply filling up an existing vacuum till legislature chooses to make appropriate laws, does not amount to taking over the functions of legislature - Supreme Court has insightfully identified Art. 32 as the constitutional provision that provides for

Where later benches applied it

Of those, 1 referred to · 1 mentioned

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