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    <title>1955 (3) TMI 48 - CALCUTTA HIGH COURT</title>
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    <description>A tribunal&#039;s decision was held unsustainable where the minutes were signed by a member who had not attended the hearing, since the defective affidavit did not rebut the petitioner&#039;s challenge and the record could not prove a valid hearing. In permit competition, rejection of one applicant in favour of another was treated as a refusal of the unsuccessful applicant, so the appeal under the Motor Vehicles Act was maintainable and the State Transport Authority had jurisdiction to hear it. The writ petition succeeded, the appellate order was quashed, and the matter was remitted for fresh consideration in accordance with law.</description>
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    <pubDate>Thu, 10 Mar 1955 00:00:00 +0530</pubDate>
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      <title>1955 (3) TMI 48 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=275904</link>
      <description>A tribunal&#039;s decision was held unsustainable where the minutes were signed by a member who had not attended the hearing, since the defective affidavit did not rebut the petitioner&#039;s challenge and the record could not prove a valid hearing. In permit competition, rejection of one applicant in favour of another was treated as a refusal of the unsuccessful applicant, so the appeal under the Motor Vehicles Act was maintainable and the State Transport Authority had jurisdiction to hear it. The writ petition succeeded, the appellate order was quashed, and the matter was remitted for fresh consideration in accordance with law.</description>
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