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1974 (3) TMI 15 - CALCUTTA HIGH COURTExtract: .......r, unfortunate but that does not, in our opinion, detract from the construction that we have made of sub-section (5) of section 35 of the Act. In the aforesaid view of the, matter this appeal fails and is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. R. N. PYNE J.-- I agree. Appeal dismissed.
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