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

2020 Supreme(Kar) 619

ALOK ARADHE, M.NAGAPRASANNA
State Of Karnataka – Appellant
Versus
K. T. Rajashekar – Respondent


Advocates Appeared:
K.P. Kumar, Advocate, King & Partridge, Advocate, B.V. Krishna, Advocate, Puttige R Ramesh, Advocate

JUDGMENT

Alok Aradhe, J. - 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 Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short). The petitioner entered into lease agreement with T

                                                                                                    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