1999 (1) TMI 172

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..... G.A. Brahma Deva, Member (J)]. - This is an appeal filed by the Department. On noticing that authorisation was defective, the Bench directed the Departmental Representative to produce Note sheet file to establish the proper authorisation for filing of the appeal, on the last occasion i.e., on 23-11-1998. But no such note sheet has been placed on our record. 2. The authorisation should be i .....

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..... he must be of the opinion that the order passed by the Authorities below is not legal or proper before filing the appeal. Since no such wordings are forthcoming in the authorisation, the authorisation is defective. The appeal, as such, is not sustainable. In the view, we have taken, the appeal is dismissed. However, the department is at liberty to file an application for restoration when it is fou .....

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