JAYANT PATEL, B.V.NAGARATHNA
State of Karnataka – Appellant
Versus
Jagadev Biradar – Respondent
The State and other authorities have preferred these writ appeals assailing order dated 10/03/2016, passed in Writ Petition No.28063/2015 and connected matters. By that order, the learned Single Judge of this court has held that Explanation 2 to Section 3 of Karnataka Motor Vehicle Taxation Act, 1957 (hereinafter, referred to as “the Act”, for the sake of brevity) inserted by the Karnataka Motor Vehicles Taxation (Amendment) Act, 2014 (hereinafter referred to as “the Amendment Act, 2014”) is unconstitutional and ultra vires the Constitution. Consequently, the demand raised on the respondent-petitioners were quashed. In order to arrive at the said conclusion, learned Single Judge held that, the Amendment Act, 2014 had not removed the basis of the decision in Mahesh C. Gandhi vs. D.C. for Transport, Belgaum [2005 (5) KLJ 362] (Mahesh Gandhi). It is further held that payment of lifetime tax continues to be dependent on registration or reregistration under Sections 40 and 47 of the Motor Vehicles Act, 1988 (hereinafter referred to as the “MV Act, 1988”, for short), as t
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Madan Mohan Pathak vs. Union of India [AIR 1978 SC 803]
S. Sundaram Pillai vs. V.R. Pattabiraman [(1985) 1 SCC 591]
State of Himachal Pradesh vs. Narain Singh [(2009) 13 SCC 165]
State of Bombay vs. United Motors India Ltd. [AIR 1953 SC 252]
State of Orissa vs. Oriental Paper Mills Ltd. [AIR 1961 SC 1438]
Shri Prithvi Cotton Mills Ltd. vs. Broach Borough Municipality [AIR 1970 SC 192]
State of Karnataka vs. K.Gopalakrishna Shenoy [(1987) 3 SCC 655]
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Central Coal Fields Ltd. vs. Bhubaneswar Singh [AIR 1984 SC 1733]
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Hindustan Gum and Chemicals Ltd. vs. State of Haryana [(1985) 4 SCC 124]
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