SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2020 Supreme(Kar) 145

ALOK ARADHE, M.NAGAPRASANNA
State of Karnataka by its Principal Secretary Finance Department – Appellant
Versus
K. T. Rajashekar S/o K. Gowda – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. B.V. Krishna.
For the Respondent: Sri. Puttige R. Ramesh.

JUDGMENT :

ALOK ARADHE, J.

1. In this batch of appeals, since, common questions of law and fact arise for consideration, they were heard analogously and are being decided by this common judgment. The issue in W.A. No. 3234/2010, W.A. No. 4805/2010 and W.A. No. 3575/2010, is whether a statute which was earlier declared unconstitutional can be given retroactive operation through fresh validating legislation enacted by the legislature. In W.A. No. 4152/2009, W.A. No. 4150/2009 and W.A. No. 4151/2009, the issue which arises for consideration is whether a writ of mandamus can be issued to the State Government to refund the amount despite upholding the validity of Karnataka Motor Vehicles Taxation (Second Amendment) Act, 2007 (hereinafter referred to as ‘the Act 2007’ for short). For the facility of reference, facts from W.P. No. 10489/2007 are being referred to.

FACTUAL BACKGROUND:

2. The petitioner in W.P. No. 10489/2007 (hereinafter referred to as ‘the petitioner’ for short) is a transport operator and is operating various vehicles by obtaining permits under the provisions of the Moto

              Click Here to Read the rest of this document
              1
              2
              3
              4
              5
              6
              7
              8
              9
              10
              11
              SupremeToday Portrait Ad
              supreme today icon
              logo-black

              An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

              Please visit our Training & Support
              Center or Contact Us for assistance

              qr

              Scan Me!

              India’s Legal research and Law Firm App, Download now!

              For Daily Legal Updates, Join us on :

              whatsapp-icon telegram-icon
              whatsapp-icon Back to top