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Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)
.... wife were absent and he then advised the informant to take legal steps. In cross this P.W. stated that the informant used to work in the station and that raised a ‘Chhapra Ghar’ illegally on the land Railway Colony of the Railway Station and used to live there with his family. He further stated...... Chowdhury J Md. Abdul Aziz J Shamsul Haque (Md)………………………….Accused-Appellant Vs. State…………………………….Respondent Judgment December 8, 1999. Cases Referred to- Akhter Hossain and others Vs. State, 4 BLC 236 Abdul Wahed alias Chandu Mia Vs.......e to suffer rigorous imprisonment for 10 years with a fine of Taka 1,000.00 in default to suffer Rigorous Imprisonment for a further period of 6(six) months. 2. The prosecution case, in short, is that, one Shamsul Haque (P.W.1) lodged a First Information Report on 10-11-89 at 00-15 hours, with th...... Akhter Hossain and others Vs. State, 4 BLC 236 Abdul Wahed alias Chandu Mia Vs. State, 4 BLC 320. Abu Taher Chowdhury Vs. State, 42 DLR (AD) 253. Lawyers Involved: Sultan Ahmed, Advocate—For the Appellant. Not represented — the State. Criminal Appeal No. 1314 of 1990. Judgment..Category: Criminal Law | Date: | Hits: 32
Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)
....n application under Order XXI rules 100 and 101 of the Code of Civil Procedure in the Second Court of Subordinate Judge at Dhaka against the petitioner for restoration of possession of 13 decimals of land of plot No. 447 comprising of municipal holding No. 185 West Agargaon. The application was numb......ession to the claimants. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 328. ...... Miscellaneous Case No. 39 of 1994. Then, on transfer to the Court of Additional Subordinate Judge, Dhaka the case was re-numbered as Miscellaneous Case No. 8 of 1995. 3. Their case, in short, is that in 1926 Moina Prasad being owner in possession in 14.42 acre of land of CS plot Nos. 447, 448 an...... 2001. Cases Referred To- Bholanath Bondopadhyaya vs. Banarsilal Saraf, AIR 1961 Assam 79; MP Mishra vs. Sangam Lal Agarwal, AIR 1975 All 424. Lawyers Involved: Garib Newaz, Advocate—For the Petitioner. Nazrul Islam with Md.Taj Mohammad, Advocates — For the Opposite Parties. ..Category: Property Law | Date: | Hits: 26
Kajemuddin Miah (Md) Vs. Bangladesh and others, 1999, 28 CLC (HCD)
.... short, is as follows- The petitioner and his grand-parents were originally residents of Mouza Rohai Ramnagar, PS Sadarpur, District Faridpur. His grandfather Babar Mi Sheikh along with others had lands and homesteads in Mouza Rabairamnagar, PS Bhanga (now Sadarpur), District Faridpur. Due to ero......M Iman Ali, Deputy Attorney-General-For the Respondent. Writ Petition No. 2702 of 1996. Judgment Mainur Reza Chowdhury J. - By this Rule Nisi the respondents were called upon to show cause as to why the impugned order as contained in case No. 9-24 dated 29-11-84 (Annexure) issued by respo......idence in the interior side of the Dohar Police Station in 1991 and the petitioner purchased 6.14 acres of land from the recorded tenants Nuni Gopal Gopini and others on 24-1-1977 appertaining to SA Khatian Nos.144, 206, 380 of Plot No.332, 832 and 396 Mouza Kartickpur within PS Dohar, district Dhak......¦â€¦â€¦â€¦.Petitioner Vs. Bangladesh and others………………………….Respondents Judgment June 10, 1999. Lawyers Involved: Nazmul Huda with SAM Mahbub Elahi, Advocates—For the Petitioner. M Iman Ali, Deputy Attorney-General-For the Respondent. Writ Petition No. 2..Category: Property Law | Date: | Hits: 68
....bury-vs- Madison (1803) Cranch 137, Fazle Rabbi-v- Election Commission, 44 DLR 14, R-v-Wandsworth JJ ex-parte Read, 1942 1KB 281, R-vs-Lowle 1759 2Bnrn 834, R-vs-Hereford Magistrate Court ex-parte Rowlands, 1998 QB 110, Leech –vs- Deputy Governor of Parkhurst Prison, 1988 AC 533, R-v- Reading Crow...... represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, P.S.-Ramna and District-Dhaka and others.....Respondents
Judgment
August 26, 2010.
Cases Referred to-
Anwar Hossain Chowdhury vs. Bangladesh, 41 DLR (AD) 41, British Railway Board â......mad Nawaz Sharif-vs- President of Pakistan, PLD 1993 SC 473, Khawja Ahmed Tariq Rahim-vs-Federation of Pakistan, PLD 1992 SC 646, Benazir Bhutto –vs- President of Pakistan, PLD 1998 SC 735, Halima Khatun –vs- Bangladesh and others, 30 DLR (SC) 207, State-v-Haji Joynal Abedin, 32 DLR AD 110, Kh. ......Judgment
August 26, 2010.
Cases Referred to-
Anwar Hossain Chowdhury vs. Bangladesh, 41 DLR (AD) 41, British Railway Board –V- Pickin, 1974 AC 765, Muhammed Omar Khan-v-Crown, 5 DLR (WP Lahore) (1953) 73, State-v-Dosso, 11 DLR (SC) 1, Begum Nusrat Bhutto-v-Chief of Army Staff PLD) 1977 (S..
Category: Constitutional Law | Date: | Hits: 482
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....ies Nos. 1 and 2 made an application under section 96 of the State Acquisition and Tenancy Act, 1950, briefly the Act, as co-sharers in the above Court of Senior Assistant Judge for preemption of the land measuring about 55 decimals transferred by opposite parties Nos. 3 and 4 in favour of the petit......ule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 285....... vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 285.......posite Parities Judgment July 2, 2001. Case Referred To- Md. Azizul Bari vs. Ismail and others, 19 DLR 184. Lawyers Involved: Md Nurul Amin with Hamida Chowdhury, Advocates — For the Petitioner. Surajit Bhattacharya, Advocate—For Opposite Party Nos. 1 & 2. Civil R..Category: Property Law | Date: | Hits: 28
..... Controller of Estate Duty reported in 1969 PTD 494. The reported case, we cannot but conclude, was cited out of confusion. This related to-payment of estate duty on vast cultivable and uncultivable land upon the death of the owner thereof. We thus leave it out of consideration. The respondents how......
MA Aziz J
Nisha Rani Devi…………………Petitioner
Vs.
National Board of Revenue, Peoples Republic of Bangladesh and others….……Respondents
Judgment
July 21, 1998.
Cases Referred To-
Commissioner of Sales Tax, Lahore Region, Lahore Vs. Messers Associated Hotel (......76-77 as per law and rules and an amount of Taka 1,78,866.00 and Taka 4,20,246.00 respectively thus totaling an amount of Taka 5,99,112.00 was deducted at source as advance tax. It is not in dispute that the petitioner imported PVC compound for manufacturing electrical cables, manufactured cables an......€¦Petitioner
Vs.
National Board of Revenue, Peoples Republic of Bangladesh and others….……Respondents
Judgment
July 21, 1998.
Cases Referred To-
Commissioner of Sales Tax, Lahore Region, Lahore Vs. Messers Associated Hotel (India) Ltd. Lahore, 1969 PTD 490; G Lakshminarayana..
Category: Fiscal/Taxation Law | Date: | Hits: 69
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
.... to the case are that, opposite party No.1 as per-emptor instituted a case in the Court of the Assistant Judge, Saturia being Miscellaneous (Pre-emption) Case No.5 of 1995 for pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act. The case of the pre-emptor, in short......l Saha J Tofazzal Hossain (Md) and others…………………Petitioners Vs. Momtaz Begum & others………………………………..Opposite Judgment November 30, 1999. Case Referred To- Md. Karimullah Bhuiyan Vs. Hazi Nurul Alam Chowdhury, 35 DLR (AD) 338. Lawyer......istant Judge, Saturia in the District of Manikganj in Miscellaneous (Pre-emption) Case No.5 of 1995, allowing the pre-emption have been called in question. 2. Broad facts leading to the case are that, opposite party No.1 as per-emptor instituted a case in the Court of the Assistant Judge, Saturi......…..Opposite Judgment November 30, 1999. Case Referred To- Md. Karimullah Bhuiyan Vs. Hazi Nurul Alam Chowdhury, 35 DLR (AD) 338. Lawyers Involved: Ziaur Rahrnan Khan, Advocate—For the Petitioners. Shaukat Ali Khan, Md Tamizuddin, Fazlul Yaque Khan Fakir Rahen Hossain with M..Category: Property Law | Date: | Hits: 31
Abul Hossain Vs. State, 2000, 29 CLC (HCD)
....nce with law regarding that petition. Communicate the order to the Magistrate concerned. The application is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 222.......ry 27, 2000. Lawyers Involved: M Enayetur Rahim with Md. Jahangir Alam and Shahidul Islam, Advocates- For the Petitioner. Not represented- the Opposite Party. Criminal Miscellaneous Case No.1293 of 2000. Judgment Md. Hamidul Haque J. - This is an application under section 561......er dated 18-5-99 passed by the Magistrate, 1st Class in GR No.2 of 1998 in not accepting the naraji petition filed by the informant of the case. 2. The learned Advocate for the petitioner submits that when the informant filed naraji petition against the police report the learned Magistrate by his......ate………………………………………Opposite Party Judgment February 27, 2000. Lawyers Involved: M Enayetur Rahim with Md. Jahangir Alam and Shahidul Islam, Advocates- For the Petitioner. Not represented- the Opposite Party. Criminal Miscellaneous Case No.1293 of..Category: Criminal Law | Date: | Hits: 42
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
.... order of preemption by suppressing summons. They were required to serve notice of the preemption case in the foreign address of her husband. They were not aware of the preemption case. The purchased land is still in the possession of her husband. When workers of the preemptors went to the said land......acated. Let the records be sent down. Ed. This Case is also Reported in: 54 DLR (2002) 277. ......plication on his behalf under Order IX rule 13 of the Code being Miscellaneous Case No.21 of 1998 for setting aside the ex parte order on the ground of non-service of summons. Her case, in short, is that her husband is staying abroad since before her marriage for more than 15 years. The preemptors o......er 25, 2001. Cases Referred To- Australasia Bank vs. Abdul Aziz Jan, PLD 1983 Peshawar 64; NWFP vs. Fiaz Muhammad, PLD 1986 Peshawar 19. Lawyers Involved: SK Afzalur Rahman, Advocate—For the Petitioner. Shamim Khaled Ahmed —For the Opposite Parties. Civil Revision No. 621 of..Category: Limitation Law | Date: | Hits: 175
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
.... Suit No. 88 of 1981, alleging, inter alia, that the suit property is a dwelling house bounded by pucca boundary walls within the city of Chittagong and it contains an area of 5 gondas and 2 karas of land. Defendant Opposite Party No.1 purchased the suit property by sale deed between 15-5-81 and 21-......€¦â€¦â€¦â€¦...Petitioners Vs. Chitra Rani Dey and another…………………...Opposite Parties Judgment August 24, 1999. Result: The Rule is made absolute without any order as to cost. Section 4 of the Partition Act was enacted to afford a special opportunity to a co-s......is reasonable and it is quite in consonance with the principle of equity, justice and good conscience…………………………..(17) Cases Referred to- AIR 1973 Allahabad, 548 (Kashinath Bhatt and others Vs. Alma Ram and others); Sayesta Bibi and others Vs. Juma Shah and others 42 DLR (A......€¦â€¦â€¦â€¦â€¦â€¦...Petitioners Vs. Chitra Rani Dey and another…………………...Opposite Parties Judgment August 24, 1999. Result: The Rule is made absolute without any order as to cost. Section 4 of the Partition Act was enacted to afford a special opportunity to ..Category: Property Law | Date: | Hits: 42
....d detenu be brought before it to be dealt with according to law and he is not being held in detention illegally and unlawfully and be set at liberty. This concept of the freedom of the citizen of the land in case of unlawful detainment, either in prison or private custody, originated from England, b......
Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh, Secretariat & ors…………………………….. Opposite Parties
Judgment
September 24, 2001.
Case Referred To-
Malik Golam Jilani vs Government of West Pakistan, 19 DLR (SC) 403.
Lawyers I......f detention of the Detenu on presentation of a petition under Section 491 of the Code which has been numbered as Criminal Miscellaneous Case No. 6693 of 2001.
4. Section 491 of the Code enshrines that if a person within the territorial jurisdiction of the Courts is illegally or improperly detaine...... Huq J
ABM Khairul Haque J
Aftab Hossain (Md)………………… Petitioner
Vs.
Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh, Secretariat & ors…………………………….. Opposite Parties
Judgment
September 24, 2001.
Case R..
Category: Criminal Law | Date: | Hits: 39
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
.... Ed. This Case is also Reported in: 54 DLR (2002) 258. ......que J Nazmun Ara Sultana J Kalandiar Kabir……………………………..Petitioner Vs. Bangladesh and others………………. Respondents Judgment January 12, 2002. Cases Referred To- Mostafizur Rahman vs. Bangladesh 51 DLR (AD) 1; Salim Hasan vs. Bangladesh 45 D...... Hamidul Haque J. - This Rule was issued calling upon the respondents to show cause as to why the detenu Shahriar Kabir now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and without any lawful auth......LR (AD) 89; Nasima Begum vs. Bangladesh 49 DLR (AD) 102; Nasima Begum vs. Home Ministry 1983 BLD 140; H Saha vs. State of West Bengal 1974 AIR 2154; Golam Kabir vs. Government Bangladesh 27 DLR 199; Borjahan vs. State of West Bengal 1972 AIR (SC) 2256; Francis Coralie vs. Union Territory of Delhi 19..Category: Constitutional Law | Date: | Hits: 195
Nure Alam and others Vs. State, 2002, 31 CLC (HCD)
....e inimical to the informant and his sons. On 19-3-1990 at about 6-20 PM one Sukur Mahmud, Lebu Miah and Abul Hossain were returning home from Ballahat and when they reached near the ridge of the IRRI land of Abdur Razzak Ansari of village Singair accused Nur-e-Alam, Razzaque, Joynal, Nur Islam, Lebu......hamsul Huda J Nure Alam and others... ……………………………………….Appellants Vs. State………………………………. Respondent Judgment February 5, 2002. Cases Referred To- Muslimuddin and ors vs. State, 38 DLR (AD) 311; Jhantu Mannan @ A Mannan and Sa...... Faziul Haque Khan Farid and Md Amzad Hossain, Advocates—For the Appellants. ABM Waliur Rahman Khan, Assistant Attorney General with Mohammad Jalaluddin, Assistant Attorney General and Monowara Khatun, Assistant Attorney General—For the State. Criminal Appeal No. 2308 of 1993. Judgment ......... ……………………………………….Appellants Vs. State………………………………. Respondent Judgment February 5, 2002. Cases Referred To- Muslimuddin and ors vs. State, 38 DLR (AD) 311; Jhantu Mannan @ A Mannan and Sanaullah vs. state 1 BCR 244; Nurjahan..Category: Criminal Law | Date: | Hits: 42
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
..... It was obviously no business of the learned District Judge to discover legal infirmity in the said judgment on the alleged ground of absence of possession of the plaintiffs of that suit in the suit land and that too on speculative considerations based on totally inadmissible evidence. It is unfort......tion) Present: Gour Gopal Saha J Parimal Chandra & others ……………..Appellants Vs. Shaheda Begum and others……………Respondents Judgment December 2, 1999. Cases Referred To- Abu Bashar Vs. Mehar Khatun, 35 DLR 6; Khairuzzaman and others Vs. Noor Hossain...... Parimal Chandra & others ……………..Appellants Vs. Shaheda Begum and others……………Respondents Judgment December 2, 1999. Cases Referred To- Abu Bashar Vs. Mehar Khatun, 35 DLR 6; Khairuzzaman and others Vs. Noor Hossain, 9 BLD 453; Nurul Hossain Vs. Government o......Appellants Vs. Shaheda Begum and others……………Respondents Judgment December 2, 1999. Cases Referred To- Abu Bashar Vs. Mehar Khatun, 35 DLR 6; Khairuzzaman and others Vs. Noor Hossain, 9 BLD 453; Nurul Hossain Vs. Government of Bangladesh, 47 DLR (AD) 108(17). Lawyers I..Category: Procedural Law | Date: | Hits: 81
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201.......to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201.......ue (Rajaswa) Miscellaneous Appeal No.150 of 1998 (Annexure E1) to the petition should not be declared to have been made without lawful authority and is of no legal effect. 2. Facts, in short, are that a closed fishery by name Duttapara Beel, popularly known as Gacher Jouar fishery, hereinafter, i...... Sinha J Bashiruddin (Md) …………….Petitioner Vs. Bangladesh and others…………….Respondents Judgment November 3, 1999. Lawyers involved: Md. Hannan, Advocate—For the Petitioner Shishir Kanti Mazumder Advocate—For the Respondent No. 6. Writ Petition No..Category: Property Law | Date: | Hits: 33
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
....in short, inter alia, that the suit property belonged to Bani Amin and Arab Ali, the predecessors who were the recorded tenants of CS khatian, that during the revisional settlement operation the said land was wrongly recorded in the name of Late Wazed Ali Zamaddar, predecessor of the defendant, henc......Jurisdiction) Present: Md. Abdul Aziz J Mahbubul Huq (Md)……………..Petitioner Vs. Md. A Kader Munshi & others ……….Opposite Parties Judgment August 10, 1999. Cases Referred To- Naeem Finance Limited & another Vs. Bashir Ahmed Rafique, Administrator, Mu......sed by Mr. Bazlur Rahman, Senior Assistant Judge, Barguna in Title Suit No.17 of 1998 rejecting an application under Order 7, rule 11 of the Code of Civil Procedure. 2. Brief facts of the case is that, the plaintiff opposite party No.1 filed Title Suit No.17 of 1998 in the said Court for declarat...... order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194...Category: Property Law | Date: | Hits: 64
Nazem Uddin Vs. Election Tribunal and others, 1999, 18 CLC (HCD)
....to cost and the stay order 23-3-98 staying further proceeding of case No.1/98 pending before the Election Tribunal is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 189. ......m J Md. Tafazzul Islam J Nazem Uddin …………………………………Petitioner Vs. Election Tribunal and others…………………Respondents Judgment March 10, 1999. Cases Referred To- 1981 BLD 298, 38 DLR 435, 41 DLR 379; Md. Mokbul Hossain Vs. Shamsul and others......nt of the Election Petition No.1 of 1998 allowing amendment of the Election Petition. The petitioner, a returned candidate stated, inter alia, in an application under Article 102 of the Constitution that respondent No.1 filed the Election Tribunal Case on 5-3-98 stating, inter alia, that he along wi......dgment March 10, 1999. Cases Referred To- 1981 BLD 298, 38 DLR 435, 41 DLR 379; Md. Mokbul Hossain Vs. Shamsul and others, 14 BLD (AD) 232. Lawyers Involved: Mahbubey Alam, Advocate—For the Petitioner. Abul Kalam Azad for Md. Oziullah, Advocates—For Respondent No. 2. Writ Pe..Category: Election Law | Date: | Hits: 78
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
....date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ......am (Md)………………………………… Petitioner Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others………………………Respondents Judgment November 27, 2001. Cases Referred To- Lyluri Laxi Subramanyam Vs Batchu Viswanadham AIR 1988 Andhra Pradesh 27; Atash......for passing the chalan for depositing the sale price fixed between the petitioner and the respondent No. 2 at Taka 1,01,00,000 and the court by order dated 23-11-99 rejected the prayer on the ground that the basis of such prayer i.e. Order No. 63 dated 18-11-99, had been set aside. Being aggrieved b......ance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ..Category: Civil Law | Date: | Hits: 76
Mafizul Hoq Bebu (Md) Vs. Majida Begum and others, 2001, 30 CLC (HCD)
.... No. 9 of 1994 in the Second Court of Subordinate Judge, Dhaka for declaration of her title and for further declaration that the defendant No. 1 did not acquire any right, title and possession in the land as described in the schedule ‘Ka’ of the plaint on the basis of the kabala deed No. 3935 da......e suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ......y the Learned Subordinate Judge and Artha Rin Adalat No. 1, Dhaka in Title Suit No. 175 of 1999 rejecting the prayer for seeking expert’s opinion. 2. Short facts, for disposal of this Rule, are that the opposite party No. 1 as plaintiff filed Title Suit No. 9 of 1994 in the Second Court of Subo......d)……….……………… Petitioner Vs. Majida Begum and others……………..Opposite Parties Judgment December 10, 2001. Lawyers Involved: Rokanuddin Mahmud, Advocate—For the Petitioner. Golam Arshed, Advocate—For the Opposite Parties. Civil Revision No. 367..Category: Property Law | Date: | Hits: 28
Pubali Bank Vs. Kalaroa Ice and Cold Storage Ltd. Kalaroa, Satkhira and others, 2000, 29 CLC (HCD)
....n which compromise decree was passed on 24-2-84 and since the opposite parties failed to pay the decretal dues the petitioner at first filed Money Execution Case No.1 of 1985 in which. 0.7 ½ acre of land situated in khatian No.563, as shown in column 2(a) of the Form of Money Execution Case No.5 of......e taken up together for hearing and disposed of by one judgment. 2. In Civil Revision Nos. 1127, 1128 and 1129 of 1993, Rules were issued calling upon opposite party i.e. Pubali Bank to show cause as to why the orders dated 16-3-93 passed by the learned Subordinate Judge, Satkhira in Money Execut......opposite parties the particulars of which were described therein. After receiving the notice of the said execution case the opposite parties appeared and filed written objection stating, inter alia, that they have no properties to satisfy the decree and that the properties shown in column 2(ka) of t...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Tafazzul Islam J Sikder Maqbul Huq J Pubali Bank……….. Petitioner Vs. Kalaroa Ice and Cold Storage Ltd. Kalaroa, Satkhira and others……..Opposite Parties Judgment August 3, 2000. L..Category: Civil Law | Date: | Hits: 82
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