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What we do not approve is the statement of law that oncethe suit is dismissed, no interim relief could be grantedpending the appeal preferred against such judgment and orderpassed by the trial court. Further, in our opinion, thereliance placed by the first appellate court on Order XLIRule 5, while declining to grant status quo, is grosslymisplaced. This is because the consi...

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 It is, thus, clear that the provisions of Section 293 Cr.P.C. are applicable to the Chemical Analysers and Assistant Chemical Analysers /examiners. It is in this background and the legal provisions allowing the trial Court to use the report of Chemical Analyser as evidence in any enquiry, trial or other proceedings, that the prosecution was under obliga...

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 In criminal trials, few issues create more avoidable confusion than the handling of Chemical Analyser reports. Trial courts often confront a familiar sequence: the prosecution tenders a Chemical Analyser report under Section 293 of the Code of Criminal Procedure, the report is exhibited subject to objection, the prosecution closes its evidence, and thereafter seeks to call...

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Therefore, this court is of the view that the provision of issuance of notice is to be observed at every proceeding as is contemplated by Section 15A(3) of the Act, cannot be construed that it should be at all stages of the same proceedings, and the same would preclude the court to pass any order including grant of ad-interim protection. Any such interpretation would lead t...

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 It is, therefore, necessary to understand whether the evidence is sufficient to prove that the appellant was holding property Benami. The appellant's husband is not party to the suit and, therefore, he has not claimed himself to be the real owner of the property. To my mind and in terms of Section 4 of the Benami Transactions Act, the question, whether the property held Be...

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