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    <title>1966 (12) TMI 73 - KERALA HIGH COURT</title>
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    <description>Experience gained under a permit later set aside could not be counted when the transport authority reconsidered rival applications after remand, because the relevant date for comparative assessment was the date of fresh consideration. The principle that acts of the court should not prejudice a litigant was applied, together with restitution, so the parties had to be restored to the position they would have occupied but for the erroneous order. An applicant could not retain an advantage obtained under a wrong order and use it against a rival in the same proceeding. The challenge to the appellate order failed.</description>
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    <pubDate>Fri, 02 Dec 1966 00:00:00 +0530</pubDate>
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      <title>1966 (12) TMI 73 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=276368</link>
      <description>Experience gained under a permit later set aside could not be counted when the transport authority reconsidered rival applications after remand, because the relevant date for comparative assessment was the date of fresh consideration. The principle that acts of the court should not prejudice a litigant was applied, together with restitution, so the parties had to be restored to the position they would have occupied but for the erroneous order. An applicant could not retain an advantage obtained under a wrong order and use it against a rival in the same proceeding. The challenge to the appellate order failed.</description>
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