Courts are not shopping centers, HC tells DKS ; Mar 17, 2013

“Judges have the highest duty to the people of administering justice based on fearless truth, moral rectitude and negation of addition for power and lucre. It must be remembered that judges do not yield to frivolous or trivial grounds on suggestions of apparent bias, else it would encourage parties to have their cases transferred from a judge whom they wish to avoid. Legal profession is a service profession and not trade or business, and the courts of law are not shopping centres,” Justice Rammohan Reddy observed while turning down the request.

……………………. :- BANGALORE: The Karnataka high court turned down a plea from former minister and Congress legislator DK Shiva Kumar for a change of bench in a case about non-payment ofvalue added tax (VAT) at his granite extraction and transport business.

“Judges have the highest duty to the people of administering justice based on fearless truth, moral rectitude and negation of addition for power and lucre. It must be remembered that judges do not yield to frivolous or trivial grounds on suggestions of apparent bias, else it would encourage parties to have their cases transferred from a judge whom they wish to avoid. Legal profession is a service profession and not trade or business, and the courts of law are not shopping centres,” Justice Rammohan Reddy observed while turning down the request.

Shiva Kumar had challenged a demand of the commercial taxes department asking him to pay nearly Rs 13 lakh towards VAT and penal interest. Its contention was that Shiva Kumar conducted granite business in Kanakapura using two licences dating back to 2004 but failed to pay VAT. Shiva Kumar argued that he was involved in this activity but only had oral agreements with the two firms which actually managed the business.

Justice Reddy disposed of the plea asking the department to proceed with the show-cause notice treating it as communication sent to Shivakumar. The judge simply read out the petition averments and annexures as counsel for Shiva Kumar refused to advance arguments. The government counsel contended there was enough material to establish that Shiva Kumar himself conducted the business.

Earlier, Shiva Kumar’s counsel told the court he had been instructed to submit that this petition should not be heard by the Justice Rammohan Reddy as a request filed before the chief justice for transferring the case to another bench is pending. He also refused to argue the case.

http://articles.timesofindia.indiatimes.com/2013-03-17/bangalore/37786143_1_karnataka-high-court-chief-justice-judges

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