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Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)

....eirs of Khalil Patwari owner of Property No. 2 and other defendants are purchasers from the co‑sharers; that there was no partition and the defendants having refused to amicably partition the land the plaintiffs filed the suit for partition. 3. The suit was contested by defend........ Defendant‑Appellants Vs. Mafizur Rahman & others................. Plaintiff‑Respondents Judgment January 28th, 1992. Case Referred to- Abdullah & 3 others Vs. Abdul Karim & others 20 DLR (SC) 205......f the lower appellate Court whereby the judgment and decree of the trial Court was reversed arising out of a suit for simple partition. 2. The case, of the plaintiffs, inter alia, was that Jinnat Ali, predecessor of the plaintiff respondent Nos. 1 and 2 and others was 16 annas owner...... January 28th, 1992. Case Referred to- Abdullah & 3 others Vs. Abdul Karim & others 20 DLR (SC) 205. Lawyers Involved: SR Pal, Senior Advocate, instructed by Miah Abdul Gafur, Advocate‑on‑Record ‑ For the Appella..

Category: Property Law | Date: | Hits: 57

Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)

....t by judgment and decree dated 16‑1‑85. 5.The plaintiff‑respondent's suit was for declaration of tide and confirmation of possession or alternatively khas possession in the land of Schedule 2 to the plaint and for permanent injunction. It is his case that 6 kanis of land...... Shafique Ahmed, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondents. Civil Appeal No. 61 of 1986 (From the Judgment and Decree dated 16.1.85 passed by the High Court Division, Chittagong Bench, in Second Appeal No. 703 of 1962) Judgme......respondent's suit was for declaration of tide and confirmation of possession or alternatively khas possession in the land of Schedule 2 to the plaint and for permanent injunction. It is his case that 6 kanis of land of Schedule 1 to the plaint belonged to Abdul Hakim and others in raiyati inter......bsp; Vs. Nur Ahmed and others...................Respondents Judgment November 25, 1990 Lawyers Involved: Mia A Gafur, Advocate‑on‑Record-For the Appellant. Shafique Ahmed, Advocate, instructed by Sharifuddin Chaklader, Advoca..

Category: Property Law | Date: | Hits: 52

Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)

.... by the plaintiff to do so, nor did the plaintiff empower her father to sign any partition arrangement on her behalf. The plaintiff prayed for declaration of title and joint possession in Schedule Ka land. declaration of title and recovery of possession in schedule Kha and Ga movable properties and ......r. Rafiqur Rahman, Senior Advocate instructed by Seraiur Rahman, Advocate‑on‑Record‑ For the Respondents. Civil Appeal No. 49 of 1989 (From the Judgment and Decree dated 23.8.88 passed by the High Court Division, Barisal Bench in First Appeal No. 123 of 1980). Judgment ......ring to deprive her from her inheritance and so she filed an application to the Martial Law. Administrator who appointed a 1st Class Magistrate for enquiry The defendants disclosed to the Magistrate that her husband had executed a will before his death distributing properties, movable and immovable,...... Chingneshay Magni and others…………………………………….Respondents Judgment January 20, 1992. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑For the Appellants. ..

Category: Property Law | Date: | Hits: 52

Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)

....pur Bench), by the impugned judgment dated 29 February, 1984 dismissed the same. The concurrent finding was that the suit was bad for defect of parties and that the plaintiff's interest in the suit land was extinguished by adverse possession of the contesting defendant for more than 12 years. ......reme Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Jogendra Nath alias Govinda Sarker ..........Plaintiff‑Appellant. Vs. Amulya Chandra......ssed and on appeal, FA No. 140 of 1976, a Division Bench of the High Court Division (Rangpur Bench), by the impugned judgment dated 29 February, 1984 dismissed the same. The concurrent finding was that the suit was bad for defect of parties and that the plaintiff's interest in the suit land was ......ayya; In AIR 1978 Cal. 559 (564) Bali Ram Vs. Bhupendra Nath & In Habibullah Vs. Ananga Mohan AIR (29) 1942 Calcutta 571. Lawyers Involved: Kh. Mahbubuddin Ahmed, Senior Advocate, (Mahbubey Alam, Advocate Supreme Court with him) instructed by Md. Sajjadul Huq, Advo..

Category: Property Law | Date: | Hits: 77

Rupban Bibi Vs. Aynal Kha and others, 1992, 21 CLC (AD)

....ct in the case, we set aside the impugned judgment and grant temporary injunction till disposal of the suit. Consequently, the appeal is allowed without any order as to cost. Ed. ......e‑on‑Record For the Respondent No.1. Ex‑parte ‑ Respondent Nos. 2.15. Civil Appeal No. 69 of 1986 (From the Judgment and order dated 25th May, 1986 passed by the High Court Division, Circuit Bench, Jessore in Civil Revision No. 249 of 1985). J......sing the judgments of the courts below allowing an application for temporary injunction under Order 39 rule 1 of the Code of Civil Procedure. 2. The plaintiff bought a suit for declaration that the order of the Circle Officer, Revenue in Misc. Case No. 110 of 1973‑74 under PO No. 88......................Defendant‑Respondents Judgment July 16th, 1991 Lawyers Involved: Abdul Hamid, Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑For the Appellant. Mvi. Md. Wahidullah, Advocate‑on‑Record For the R..

Category: Civil Law | Date: | Hits: 106

Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)

....d with provisions of rough and ready justice, have been steadily growing in the limbo of legal system as an alternate dispute resolution mechanism. Criticism against the growing tribunalisation in England, among other reasons, led to the setting up of a Committee on Administrative Tribunals and Inqu......hman J Mujibur Rahman (Md)……………………………………. Appellant Vs. Government of Bangladesh and others……….. Respondents (In Civil Appeal No. 35 of 1987) Nazmul Hasan and others .................................Appellants Vs. Administrative Appellate Tri......Articles 102, 117 & 117(1) The Administrative Tribunal Act, 1980 (Act VII of 1981), Sections 2, 3, 4 and 5 Interpretation of the Constitution It is a settled principle of interpretation that an expression used in a constitutional enactment conferring legislative powers must be construed......terpretation of the Constitution It is a settled principle of interpretation that an expression used in a constitutional enactment conferring legislative powers must be construed not in any narrow or restricted sense, but in a sense beneficial to the widest possible amplitude of the powers. No..

Category: Administrative Law | Date: | Hits: 203

Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)

....d suit in the Additional Court of the Assistant Judge, Sylhet Sadar, was one for declaration of title and khas possession in respect of ‑/4/‑ annas share (schedule 2) out of schedule 1 land. Admittedly schedule 1 land belonged to Ramanath Ghosh Estate having 1‑/12/‑ annas......te, Supreme Court (AJ Mohammad Ali, Advocate and MA Matin Advocate Supreme Court with him) instructed by Sharifuddin Chaklader, Advocate‑ on‑ Record ‑For the Appellant. BK Das, Advocate Supreme Court instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑ ......chedule 1 land. Admittedly schedule 1 land belonged to Ramanath Ghosh Estate having 1‑/12/‑ annas share and Gobinda Jieu (deity) having‑4/‑ annas share. Plaintiff s case is that he took settlement of the said ‑/4/‑ annas share from Jagannath Das Baishnab, sheba......pellant Vs. Abdul Rahman @ Abdur Rahman and others .............Defendant‑Respondent Judgment December 12, 1991. Lawyers Involved: MH Khondakar, Senior Advocate, Supreme Court (AJ Mohammad Ali, Advocate and MA Matin Advocate Supreme Court with him)..

Category: Property Law | Date: | Hits: 62

Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)

....209;84 in Title Suit No. 305 of 1983 in the 1st Court of Munsif, Dhaka against the plaintiff‑appellant and respondent Nos. 2 and 3 for specific performance of a contract for sale of the suit land. The decree was put into execution, Title Execution Case No. 55 of 1984. The appellant came to......, (B Hossain, Deputy Attorney‑ General, with him), instructed by Md. Ayub, Advocate on Record ‑ For the Appellant. Mahfuzur Rahman, Advocate, Supreme Court, instructed by Abdul Baset Majumder, Advocate‑on‑record ‑ For the Respondent No. 1. Civil Appea...... first time on 11 ‑8‑84 on receipt of a notice under section 82 CPC arising out of the said execution case. The appellant as plaintiff filed Title Suit No. 272 of 1986 for declaration that the ex parte decree dated 30‑5-84 passed in Title Suit No. 305 of 1983 in the 1st Court o......on (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Government of Bangladesh, represented by the Secretary, Ministry of Works, Bangladesh Secretariat, PS Ramna, Dhaka ………………..

Category: Property Law | Date: | Hits: 56

Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)

....ural Land Act, 1951 (Act XXXIII of 1951) hereinafter referred to, in brief, as the Act, was illegal, without jurisdiction and not binding upon them. By that order the Government forfeited the suit land plaintiff No. 1 claimed to have auction purchased in Rent Execution Case No. 533 of 1933 in th......bsp; Vs. Aziz Molla being dead his heirs: Md. Mozibur Rahman & others .......................Respondents Judgment August 7, 1991 Cases Referred to- Abdul Gafur Sardar and ors. Vs. Wazedali Talukder and another, 19 DLR 33 ......ar and another AIR 1967 (SC) 1395; Lakshman Naik and another vs. Smt. Sushila Swain, AIR 1968 Pat. 274; Satyesh Chandra Banerjee vs. Sm. Rani Banerjee and others, AIR 1977 Cal. 509 & Sanjukta Chatterjee Vs. Mrinmoy Chatterjee and others, 84 CWH (1979‑80) 688. Lawyers Involved: ...... Aziz Molla being dead his heirs: Md. Mozibur Rahman & others .......................Respondents Judgment August 7, 1991 Cases Referred to- Abdul Gafur Sardar and ors. Vs. Wazedali Talukder and another, 19 DLR 33 (37); Mt. Goday Koowur Vs. Mt. Ladoo, 13 Moor In..

Category: Others | Date: | Hits: 178

Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)

.... the judgment and decree dated 5‑6‑84 passed by a Division Bench of the High Court Division, Sylhet Bench in Second Appeal No. 259 of 1971. The appellants' suit for redemption of mortgage of suit land and for khas possession, Title Suit No. 323 of 1969, was decreed by the learned Sadar Munsif, 2......��……………… Appellants. Vs. Mahmud Ali being dead his heirs: Munsur Ali and others..............Respondents Judgment June 5, 1991. Result: The appeal is dismissed. Cases Referred To- Abdul Hafiz Chowdhury Vs. Somar Ali @ Samir Ali, 4 DLR 126; Ganu Mia Vs. Abdul ......onal Court, Sylhet by his judgment and decree dated 30‑5‑70. The High Court Division affirmed the judgment and decree of the lower appellate Court in second appeal. 2. The appellants' case is that their father Isobullah gave the suit land in kot mortgage to the defendant‑respondent Mahmud A......bdul Hafiz Chowdhury Vs. Somar Ali @ Samir Ali, 4 DLR 126; Ganu Mia Vs. Abdul Jabbar, 10 DLR 636; Tazal Hoque and others Vs. Md. Affan and others, 17 DLR 613. Lawyers Involved: MH Khander, Senior Advocate (AJ Mohammad Ali and Syed Md. Dastagir Hossain, Advocates with him) instructed by Sharif..

Category: Property Law | Date: | Hits: 63

Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)

....f 1971. 2. Plaintiff‑respondent No. 1 instituted the aforesaid suit in the second court of the Assistant Judge, Serajganj for declaration of title to and recovery of Khash possession of the suit land by evicting the, defendants therefrom. The appellant was defendant No. 1 in the said suit. The ......Talukder................Defendant ‑Appellant Vs. Abdul Jalil Sarkar and others…………….....Plaintiff‑Respondents Judgment June 6, 1991. Result: The appeal is allowed. Case Referred to- Nasiruddin Vs. Sayadur Rahman, AIR 1914 (Cal) 527; Dokari Joddar Vs. Nilmani, AI......nd all averments as set forth in the plaint of OC Suit No. 109 of 1970 the plaintiff of TS No. 48 of 1971 (respondent No. 1 herein) contended and asserted (which is also the plaint case in TS 48/71) that the suit property was never auction sold nor purchased by Hemaprova Debi. The suit property appe......udge, Pabna are restored. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 93

Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)

....in question the letter dated 23.12.90 of the Collector of Customs(Annexure K to the Writ Petition) reiterating his refusal to grant clearance in respect of 5000 metric tons of Iraqi Ordinary Grey Portland Cement out of 10,000 metric tons awaiting delivery with a prayer to restrain the Collector from......amal J Latifur Rahman J Government of Bangladesh....................Appellant. Vs. Anis and Co. and others....................Respondents (In Civil Appeal No. 22 of 1991) Abu Taleb alias Tyeb and anothers............Appellants Vs. Anis and Co. others .......................Resp......23/91 were added as respondents Nos. 4 and 5. The respondent Nos. 3, 4 and 5 are respondent Nos. 2, 3 and 4 respectively in CA 22/91. 3. Respondent No. 1's case in the writ petition, briefly, was that M/s Transclear SA of Lausanne, Switzerland purchased 10,000 metric tons of cement as aforesaid f......ppellants Vs. Anis and Co. others .......................Respondents (In Civil Appeal No. 23 of 1991) Judgment August 29, 1991. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑ For the Appellants (I..

Category: Business or Commercial Law | Date: | Hits: 130

Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)

....claimed pre‑emption by filing Misc. Cases Nos. 121 of 1974 and 174 of 1974 under section 96, State Acquisition and Tenancy Act, in the 1st Court of Munsif, Dhaka. By one sale deed, 1.70 ¾ acres of land was sold for a consideration of Tk. 6000.00, and by the other sale‑deed, 1.39 ¾ acres of lan......�. Pre‑emptee’s ‑Respondents (In Civil Appeal No. 52 of 1989). Md Serajuddin and others...... Pre‑emptees‑Respondents (In Civil Appeal No. 53 of 1989) Judgment January 6, 1992. Case Referred to- Govinda Marotisa vs. Ismail AIR 1950 Nag 22. Lawyers Involved: M Nurullah,......o. 915 & 916 of 1987) Judgment Shahabuddin Ahmed CJ.- Appellant is the Pre‑emptor by inheritance. His claim for pre‑emption has been ultimately rejected by the High Court Division holding that he had acquiesced in the sale and waived his right of pre‑emption. Challenging this decision h......tored. No order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 70

Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)

....3.84 giving rise to Non GR Case No. 77 of 1984. In the said report it was stated that upon investigation it transpired that the wife of aforesaid Ali Akbar, Amena Khatun had purchased the disputed land by kabala and been possessing the same through bargadars. Second party‑respondent No.1 M......hellip;……..First Party Complainant‑Appellant Vs. Mujibur Rahman and others.............. Second Party‑Respondents Judgment July 24, 1991 Cases referred To: Agni Kumar Das vs. Mantazuddin AIR 1928 (Cal) 610 & Gaetano Colaco vs...... Division Bench of the High Court Division, Dhaka making the Rule absolute in Criminal Misc. Case No. 44 of 1987 and quashing the proceeding in question. 2. Facts of the case, briefly, are that upon a complaint filed by the father of the appellant, Md, Ali Akbar (since deceased) to the Up......in AIR 1928 (Cal) 610 & Gaetano Colaco vs. Joao Rodrigaes AIR 1966 Goa 36. Lawyers Involved: Aminul Haque, Advocate instructed by Sharifuddin Chaklader, Advocate‑on‑Record‑ For the Appellant. Abdur Rashid, Advocate, instructed by Shamsul Hoque Siddique,..

Category: Criminal Law | Date: | Hits: 53

Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)

....st appellate court reversing the judgment and decree of the trial court arising out of a suit for declaration of title and recovery of khas possession. 2. Plaintiff claims title in the suit land on the basis of a deed of gift executed by Keramat Ullah in his favour on 13th Poush, 1360 BS ......fur Rahman J Fazar Ali....................Plaintiff‑Petitioner Vs. Sikandar Ali ....................Defendant‑Respondent Judgment June 12, 1991 Cases Referred to: Ghulam Hassan and others Vs. Sarfaraz Khan and others PLD 1956 SC (Pak) 3......on. 2. Plaintiff claims title in the suit land on the basis of a deed of gift executed by Keramat Ullah in his favour on 13th Poush, 1360 BS corresponding to 28.12.1953. The plaint case is that Niamatullah and Keramatullah were two brothers and Rahamatullah was their cousin. Plaintiff is ......P) Pesh. 85 & Hakim Khan vs. Aurangzeb and others PLD 1975 (Lah) 1170. Lawyers Involved: Syed Mudassir Hossain Advocate, instructed by Md. Aftab Hossain Advocate‑on‑Record – For the Appellant Mohammad Ayub, Advocate‑on‑Record ‑ For the..

Category: Property Law | Date: | Hits: 56

Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)

....rest of the principal respondent Nos. 1(a) to 1(j), as plaintiff brought other Suit No. 35 of 1969 in the Second Court of the Subordinate Judge, Chittagong for declaration of his title to the suit land described in schedule 1(a) and 2(a) of the plaint. Dudu Miah, the appellant in this appeal (si......os. 1 (f) to 1 (h). Not Represented ‑ Respondent Nos. 1 (a) to 1 (e), 1 (f) to 1(j) & 2 to 22. Civil Appeal No. 70 of 1986 (From the Judgment and order dated 5.8.86 passed by the High Court Division, Circuit Bench Chittagong in First Appeal No. 343 of 1970) ......Moezuddin and others……Defendant‑Appellant. Vs. Ekram Mia Chowdhury (Plaintiff in the suit) being dead his heirs; Mahmuda Khatun & others...………. Plaintiff‑Respondents Judgment Ma......e suit) being dead his heirs; Mahmuda Khatun & others...………. Plaintiff‑Respondents Judgment March 19, 1991 Lawyers Involved: M Nurullah, Senior Advocate instructed by B Hossain, Advocate‑on‑Record ‑For the Appellant. ..

Category: Procedural Law | Date: | Hits: 122

Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)

.... William in the Presidency Town of Calcutta by a Royal Charter and each of the Justices of that Court was given power to issue the English Writ of habeas corpus like the Court of King's Bench in England within the local limits of the Court. Two other Supreme Courts were established in two other P......sent: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Nasrin Kader Siddiqui................ Appellant Vs. Bangladesh and others…&hell......est Pakistan Vs. Begum Agha Abdul Karim Shorish Kashmiri 21 DLR (SC) 1; Government of Bangladesh Vs. Ahmed Nazir, 27 DLR (AD) 41: Kh. Ehteshamuddin Ahmed, Vs. Bangladesh, 33 DLR (AD) 154 ; Halima Khatun Vs. Bangladesh 30 DLR (SC) 207; Jamil Huq and others Vs. Bangladesh 34 DLR (AD) 125; Alam Ara...... August 18, 1991. Cases Referred to- Howard Vs. Bodington (1877) 2 PD 203(211); 1981 All LJ 197 (DB); In re Peerless (1841) I QB 143; Re Elmy (1834) IA & E 843; Taylor Vs. Taylor, (1876) 1 Ch. 426; RV Post Master General ex parte Carmichael [1928] I KB 291; RV Mou..

Category: Constitutional Law | Date: | Hits: 365

Mohammad Ali & others Vs. Circle Officer, (Revenue) Dhaka and others, 1992, 21 CLC (AD)

....e dated 22.3.88 declaring the plaintiff‑petitioners' title to a big pond in the city of Dhaka. Plaintiffs claim the pond as the heirs of the CS recorded tenant while the Government claim it as khas land. However, the petition for condonation of delay in filing the appeal was rejected by the Distri......ey‑General instructed by SU Chaklader, Advocate‑or‑Record ‑ For the Respondents. Civil Petition for leave to Appeal No. 16 of 1990 (From the Judgment and Order dated 9th August, 1989 passed by the High Court Division, Dhaka in Civil Revision No. 977 of 1988) Judgment: ATM Afza......d directed the District Judge to proceed with die appeal in accordance with law. 2. Mr. TH Khan learned Advocate for the petitioners, seeking leave to appeal from the impugned judgment, submitted that the defendants made contradictory statements in explaining the delay at different stages which o......�………..Plaintiff‑Petitioners. Vs. Circle Officer, (Revenue) Dhaka and others ..........…Defendants‑Respondents Judgment October 30, 1991 Lawyers Involved: TH Khan, Senior Advocate (MA Wahhab Miah Advocate, with him) instructed by Md. Aftab‑Hossain, Advocate‑on ‑..

Category: Limitation Law | Date: | Hits: 185

Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)

....rend of cross‑examination of the prosecution witnesses, was that the appellants have been falsely implicated in this case out of enmity and grudge with deceased Noor Ali Mollah for purchasing land from his daughter PW 9 Anwara and Kariman after submission of the final report in the case an......torney General, instructed by Md Wahidullah, Advocate‑on‑Record -For the Respondent. Criminal Appeal No. 13 of 1989 (From the Judgment and order dated 26th January, 1987 passed by the High Court Division, Jessore Sessions, Jessore in Death Reference No. 1 of 1984 with C......ns 302/3 34 of the Penal Code. 2. PW 1 Kulsum Bibi, second wife of deceased Noor Ali Mollah, lodged a First Information Report with Monirampur Police Station on 29.9.81 alleging, inter alia that on the night following 28.9.81 she and her husband were sleeping on the open verandah in his no...... Case. Ed. ..

Category: Criminal Law | Date: | Hits: 68

Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)

....s not heritable and that the right of a monthly tenant in respect of a premises was his personal right which ceased on his death. Facts leading to this question are given below. 2. Respondents‑ landlords filed Other Suit No.172 of 1976 in the First Court of Munsif, Chittagong for ejectment of ...... in: 44 DLR (AD) 1. ......is a lease as contemplated in section 105 of the Transfer of Property Act and the right therein is heritable and not personal to vanish with the tenant’s death. The right on inheritance is same as that of the original tenant and not in any way better or than his right. The Execution proceeding aga...... Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Pradhip Das alias Shambhu and others ………..Judgment‑debtor‑Appellants Vs. Kazal Das Sarma and others ……………………Decree‑holder‑Res..

Category: Tenancy Law | Date: | Hits: 97

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