IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
MOHAMMED NAZIR – Appellant
Versus
YAHOO – Respondent
| Table of Content |
|---|
| 1. injunction sought for road tax dispute. (Para 1 , 2) |
| 2. court questions correctness of prior ruling. (Para 3) |
| 3. jurisdiction issue discussed regarding taxation. (Para 4) |
| 4. suit deemed maintainable only under statute. (Para 5) |
JUDGMENT
This appeal is preferred by the plaintiff in a suit for mandatory and prohibitory injunction against the judgment and decree of the First Appellate Court reversing the decision of the Trial Court in relation to the payment of road tax of a Matador Long Chasis Tempo Van bearing registration No. KL-8/B-3065. The relief sought for in the suit is to grant a decree of prohibitory injunction restraining the 2nd defendant from taking any legal action against the plaintiff to recover the tax due on the vehicle which he had already sold to the 1st defendant on 09.03.1998 as per an agreement.
2. The Trial Court on the basis of the evidence adduced before it found that the 1st plaintiff is entitled to the relief and accordingly directed the 1st defendant to pay the tax towards the vehicle in question. Aggrieved by the judgment and decree, the 1st defendant approached the Sub Court, Ottapalam in A.S. No. 22 of 2008. The First Appellate Court on re
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