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Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)

....o Reported in: 41 DLR (HCD) (1989) 513...........................Petitioner Vs. United Trading Corporation............................................Opposite Party Judgment May 29, 1989. Result: The Rule is made absolute. Cases Referred to- Moolchand Jothajec Vs. Rashid Jamshed Sons and Co., AIR 1946 Madras 346; Dharm......de of Civil Procedure is directed against the judgment and order dated 3.2.82 passed by the learned Subordinate Judge, 5th Court, Dhaka in Money Suit No.11 of 1980, holding on a preliminary hearing, that the suit was maintainable. 2. An oil tanker named M.V. Pasharini belonging to the plaintiff...... DLR (HCD) (1989) 513...

Category: Civil Law | Date: | Hits: 142

Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)

.... Suit No.199 of 1988 subsequently re-numbered as Title Suit No.140 of 1990 in the Court of Senior Assistant Judge, Magura for mandatory and prohibitory permanent injunction in respect of 1 decimal of land mentioned in the schedule of the plaint alleging that, the defendant-petitioner started constru....... Abdul Aziz J Khondker Abdul Majed……………Petitioner Vs. Tarapada Dey………….Opposite Party Judgment June 28, 1999. Result: The Rule is discharged without any order as to costs. Case Referred to- Md. Abul Quasem Vs. Md. Lutfor Rahman, 10 BLD (1990) (AD) 3 = 4......998 passed by Mr. Ranu Bilkis Banu, Senior Assistant Judge, Magura, in Title Suit No.140 of 1990 accepting the Advocate Commissioner’s report. 2. The facts of the case, inter alia, in short, is that, the plaintiff-opposite party filed Other Suit No.199 of 1988 subsequently re-numbered as Title ...... Md. Abdul Aziz J Khondker Abdul Majed……………Petitioner Vs. Tarapada Dey………….Opposite Party Judgment June 28, 1999. Result: The Rule is discharged without any order as to costs. Case Referred to- Md. Abul Quasem Vs. Md. Lutfor Rahman, 10 BLD (1990) (AD)..

Category: Civil Law | Date: | Hits: 122

Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)

.... Title Suit No.51 of 1980. The opposite parties as plaintiffs filed the suit for specific performance of contract covering the properties of schedule ‘Ka’ and ‘Kha’ measuring 2.13 acres of lands and for confirmation of possession in schedule Ka and for evicting the defendants from schedul......y J Abdul Quayuam Khan……………Petitioner Vs. Abu Yusuf Mridha………………Opposite Party Judgment November 20, 1997. Result: The Rule is discharged without any order as to costs. Case Referred to- Asadunnessa and others Vs. Kamruzzaman and others, 26 DLR 363. ...... properties of schedule ‘Ka’ and ‘Kha’ measuring 2.13 acres of lands and for confirmation of possession in schedule Ka and for evicting the defendants from schedule Kha, stating, inter alia, that the suit property originally belonged to Monullah Shaikh and thereafter by subsequent transfers ......owdhury J Abdul Quayuam Khan……………Petitioner Vs. Abu Yusuf Mridha………………Opposite Party Judgment November 20, 1997. Result: The Rule is discharged without any order as to costs. Case Referred to- Asadunnessa and others Vs. Kamruzzaman and others, 26 DLR..

Category: Procedural Law | Date: | Hits: 129

State Vs. Shahidul Alam Chowdhury and two others, 1999, 18 CLC (HCD)

....al apology tendered by the contemners are accepted and they are let off with the above warning. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 380.......d by the contemners are accepted. Lawyers Involved: Shahabuddin Ahmad, Deputy Attorney-General— For the State. Maksudur Rahman, Advocate — For the Contemners. Criminal Miscellaneous Case No. 4418 of 1997 Judgment Kazi Ebadul Hoque J. - This Suo Motu Rule was issued calling upo......d and unconditional apology. Today contemners filed 3 separate applications supported by affidavits praying for unconditional apology throwing themselves to the mercy of this Court. 3. It appears that Additional Deputy Commissioner, (Revenue) Gaibandha as petitioner filed a revisional application......others……..……………Contemners Judgment June 23, 1999. Result: Unconditional apology tendered by the contemners are accepted. Lawyers Involved: Shahabuddin Ahmad, Deputy Attorney-General— For the State. Maksudur Rahman, Advocate — For the Contemners. Criminal Mi..

Category: Criminal Law | Date: | Hits: 87

Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)

....of schedule Ka to the plaint was unauthorised, illegal and without jurisdiction with a further prayer for permanent injunction restraining the defendant-petitioner from leasing out the Kha schedule land. The suit was contested by the present petitioner by filing a written statement denying the c................Petitioner Vs. Jugal Chandra Shaha & others............................Opposite Parties Judgment November 30, 1988. Result: The Rule is made absolute without any order as to costs. Lawyers Involved: A.K.M. Zahirul Huq, with Fakhrul Islam, Advocate - For the Pe...... should not be set aside. 2. The predecessor of the opposite parties filed a suit being Title Suit No.658 of 1976 in the First Court of Munsif, Patuakhali against the petitioner for a declaration that the vested property proceedings in respect of the properties of schedule Ka to the plaint was un......................Petitioner Vs. Jugal Chandra Shaha & others............................Opposite Parties Judgment November 30, 1988. Result: The Rule is made absolute without any order as to costs. Lawyers Involved: A.K.M. Zahirul Huq, with Fakhrul Islam, Advocate - For ..

Category: Limitation Law | Date: | Hits: 275

Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)

.... 2. The aforesaid Misc. Case was started by one Sarajubala the petitioner herein by making an application under section 174(3) of the Bengal Tenancy Act, 1885 for setting aside the sale of certain land measuring about 1.35 acre which was sold in auction for a sum of Rs. 19/- being the arrear rent......�………………….Petitioner Vs. Habibullah Sheikh……………………………Opposite Party Judgment January 11, 1989. Result: The Rule is made absolute without any order as to costs. Cases Referred to- 29 DLR 301; 9 DLR 89; 5 DLR 451; 8 DLR 258; Sasadher Ghose, 5......cy Act, 1885 for setting aside the sale of certain land measuring about 1.35 acre which was sold in auction for a sum of Rs. 19/- being the arrear rent for the land. 3. It appears from the plaint that the auction took place on 6.2.64 and it was confirmed on 9.3.64 and the application for setting ......�……………………….Petitioner Vs. Habibullah Sheikh……………………………Opposite Party Judgment January 11, 1989. Result: The Rule is made absolute without any order as to costs. Cases Referred to- 29 DLR 301; 9 DLR 89; 5 DLR 451; 8 DLR 258; Sasadher Gh..

Category: Property Law | Date: | Hits: 106

Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)

....in daily news paper for auction selling of the decreed property. Auction was held and opposite party No.2 purchased the auctioned property. While auction purchaser went to take possession of the case land through police force on 5-10-2005, petitioners could know about the auction and ex parte decree...... Vs. Sonali Bank Ltd. & others………………Opposite-Parties Judgment May 11, 2010. Result: The rule is made absolute and the Civil Rule No.427 (R)/2006 is made absolute. Cases Referred to- Abdul Jalil Vs. Bangladesh House Building Finance Corporation, 41 DLR (AD) 109;...... No.1 and 2 and Bangladesh House Building Finance Corporation as pro forma defendant, for realizing loan money of Taka 8,03,568 on selling the mortgage property. 3. Plaintiff in the plaint stated that defendant Judgment debtor No.1, Md. Asadullah by mortgaging schedule property with pro forma def......s Judgment May 11, 2010. Result: The rule is made absolute and the Civil Rule No.427 (R)/2006 is made absolute. Cases Referred to- Abdul Jalil Vs. Bangladesh House Building Finance Corporation, 41 DLR (AD) 109; Korea Bangladesh Food Products Limited Vs. National Bank Limited, 13 ML..

Category: Civil Law | Date: | Hits: 156

Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)

....has further submitted that the extraction of sand from the bed and banks of the River and outside the designated area of the Fazilpur Sand Quarry should be stopped to maintain the relevant law of the land. 16. Mr. Jamal Uddin Ahmed learned Advocate appeared for the Respondent No.4 but he did not ......nt and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......of the People's Republic of Bangladesh, was issued calling upon the Respondents to show cause as to why they should not be directed to protect the river Jadukanta (in the mouzas of Puranlaur, Chaliarghat, Lamashram, Purbodoil and Ghagra, Police Station-Tahirpur, District-Sunamganj) from illegal extr......nment Lawyers Association (BELA)……………Petitioner Vs. Bangladesh…………..Respondents Judgment June 3, 2010. Result: The Rule is made absolute in part and the injunction order stands vacated. Cases Referred to- Dr. Mohiuddin Faruque Vs. Bangladesh, 49 DLR (AD) 1; ..

Category: Environmental Law | Date: | Hits: 1019

Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)

....isdiction as it would be in violation of the agreement entered into between the plaintiff petitioners and defendant Nos.1-4, in pursuance of which the plaintiffs petitioners donated .05 decimals of land by a document registered on 20.3.84 and constructed the present building thereon according to t......Petitioners Vs. The U.N.O., Biswanath, District Sylhet & Others...........................Opposite Parties Judgment February 11, 1988. Result: The Rule is made absolute. Cases Referred to- Mst. Jahanara Begum Vs. A.L. Md. Shamsul Huq, 27 DLR (AD) 1; Safiuddin Ahmed ......petitioners as plaintiffs filed Title Suit No.196 of 1985 in the First Court of Munsif, Sadar Sylhet, against the defendant opposite party Nos.1-4, the concerned government officers, for declaration that the order of shifting of the Alankari Post Office from the present building donated by the pet......Md. Shamsul Huq, 27 DLR (AD) 1; Safiuddin Ahmed Siddiqui Vs. The Deputy Custodian, Enemy Property Management Board, 31 DLR page 107; Md. Ayub Vs. Bangladesh represented by the Secretary, Ministry of Works and other, 39 DLR (AD) 111; AIR 1960 (J & K) 67; Banarash Das Durga Prashad Vs. Panna Lal R..

Category: Procedural Law | Date: | Hits: 193

Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)

..... Criminal Revision Case No. 37 of 1986. Judgment A.M. Mahmudur Rahman J. - This Rule arises out of an order passed by Upazila Magistrate Maheshkhali, Cox's Bazar finding possession of the lands in favour of 1st party, 2nd party, 3rd party, Added 3rd party and 4th Party and against Added ......ahman J Gura Miah and others…….………Petitioner Vs. Fazar Ali and others………………Opposite Party Judgment February 3, 1988. Result: The Rule is made absolute. Cases Referred to- Syed Zaman Khandakar and others Vs. Zubeda Khatun and others, 25 DLR 317; Malik...... Fazar Ali and others………………Opposite Party Judgment February 3, 1988. Result: The Rule is made absolute. Cases Referred to- Syed Zaman Khandakar and others Vs. Zubeda Khatun and others, 25 DLR 317; Malik Mansoor Elahi Vs. Lala Bishmbar Das, 16 DLR (SC) 246 20 DLR 575 ......�Opposite Party Judgment February 3, 1988. Result: The Rule is made absolute. Cases Referred to- Syed Zaman Khandakar and others Vs. Zubeda Khatun and others, 25 DLR 317; Malik Mansoor Elahi Vs. Lala Bishmbar Das, 16 DLR (SC) 246 20 DLR 575 (D.B.); Syed Zaman Khandaker & others..

Category: Criminal Law | Date: | Hits: 126

Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)

....1/87 and 2/87 allowing in part and modifying the Award passed by the Arbitrator and Subordinate Judge, 1st Court, Dhaka in Arbitration Revision Case No. 4 of 1986. 2. It appears that 0.52 acres of land belonging to late Mir Basharatullah, the father of the petitioner in plot No.1363 of mouza Faid......��…………………………..Appellant Vs. The Government of Bangladesh and others..................Opposite Party Judgment April 9, 1989. Result: The Rules are discharged. Cases Referred to- 38 DLR (AD) 172 9; 40 DLR 232 9. Lawyers Involved: Gazi Abdur Rashid, Adv......ration Appeal Nos.1/87 and 2/87 allowing in part and modifying the Award passed by the Arbitrator and Subordinate Judge, 1st Court, Dhaka in Arbitration Revision Case No. 4 of 1986. 2. It appears that 0.52 acres of land belonging to late Mir Basharatullah, the father of the petitioner in plot No.........Opposite Party Judgment April 9, 1989. Result: The Rules are discharged. Cases Referred to- 38 DLR (AD) 172 9; 40 DLR 232 9. Lawyers Involved: Gazi Abdur Rashid, Advocate—For the Petitioner. Ashraf Ali Kazi, Advocate—For Opposite Party (In Civil Revision No. 535 of..

Category: Alternative Dispute Resolution | Date: | Hits: 280

Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)

....e Suo Motu Rule No. 47/89 is also discharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ...... Chowdhury..............................Petitioner Vs. The State…………………………………..Opposite Party Judgment March 23, 1989. Result: The Rule is discharged. Cases Referred to- Bhubani Shahu Vs. the King, 76 IA 147; Lutfun Nahar Begum Vs. The State, 27 D......ernment should exercise its power in accordance with law under the proviso to sub-section (7A) of section 167 Cr.P.C. for reviving this Sessions triable case which reads as follows: "Provided that the Government may, by order, revive the case at any time if the case is triable exclusively b...... 27 DLR (AD) 29; Joygun Bibi Vs. State, 12 DLR (SC) 156); Abdur Rahman Vs. State, 29 DLR (SC) 256; Abdur Rahman, 29 DLR (SC) 256; Abul Vs. Haji Abdul Gani, 14 DLR (Dhaka) 51; Atta Mohammad Vs. Inspector General Police, West Pakistan, PLD 1965 (WP) Lahore 734; Abdur Rahman Vs. The State, 29 DLR (SC) ..

Category: Criminal Law | Date: | Hits: 127

State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)

....rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ......lved: Sultan Ahmed, Deputy Attorney General, with Md. Yunus Ali, Advocate—For the Appellant (State). Akram Hossain Amin, Advocate—For the Absconding condemned prisoners. Death Reference Case No.2 of 1985. Judgment Syed Fazle Ahmed J.- This reference under section 374 of the Code o......e under section 374 of the Code of Criminal Procedure has been made by the Sessions Judge, Kurigram for the confirmation of the death sentence passed on condemned prisoners, namely, Taib Ali, Asia Khatun and Sabiran Nessa in Sessions Case No.56 of 1985 under sections 302/34 of the Bangladesh Penal......…….Petitioner Vs. Jahaur Ali & Others..............Opposite Parties Judgment March 30, 1987. Result: The appeal is allowed. Lawyers Involved: Sultan Ahmed, Deputy Attorney General, with Md. Yunus Ali, Advocate—For the Appellant (State). Akram Hossain Amin, Advo..

Category: Criminal Law | Date: | Hits: 107

Md. Nasir Vs. State, 1989, 18 CLC (HCD)

....t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for information and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89....... Case is also Reported in: 42 DLR (HD) (1990) 89.......ed and Sentenced, thereunder and sentenced to suffer rigorous imprisonment for life and other two namely Enamul Hoque and Nur Nabi were acquitted by judgment and order dated 23.6.84. Be it mentioned that Nur Nabi and Enamul Hoque were tried in absentia. 2. Prosecution case may briefly be stated t......ellant Vs. The State.......................................Respondent Judgment February 6, 1989. Result: The appeal is allowed. Lawyers Involved: Md. Ruhul Amin, Advocate—For the Appellant. Golam Mohiuddin, Advocate—For the State. Criminal Appeal No.97 of 1984. ..

Category: Criminal Law | Date: | Hits: 117

Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)

....if Burichang in Title Suit No.3 of 1985. 2. The aforesaid Title Suit was brought for Specific Performance of Contract requiring defendant No.1 Gouranga Kunda to execute a kabala in respect of suit land in pursuance of a Bainapatra executed by him for the sale of the said land. It was the case of ...... Hussain Khan.........................Petitioner Vs. Suresh Chandra Dey & Others...............Opposite Parties Judgment January 17, 1989. Result: The Rule is made absolute. Cases Referred to- 11 DLR 177; 21 DLR W.P. (Lahore) 333; PLD 1972 (S.C.) 25. Lawyers Involved: ...... Contract requiring defendant No.1 Gouranga Kunda to execute a kabala in respect of suit land in pursuance of a Bainapatra executed by him for the sale of the said land. It was the case of plaintiff that the suit land being plot No.1654 measuring .92 acre belonged to defendant No.1 Gouranga Chandr...... Vs. Suresh Chandra Dey & Others...............Opposite Parties Judgment January 17, 1989. Result: The Rule is made absolute. Cases Referred to- 11 DLR 177; 21 DLR W.P. (Lahore) 333; PLD 1972 (S.C.) 25. Lawyers Involved: Md. Amir Hossain, Advocate—For the Petitio..

Category: Civil Law | Date: | Hits: 133

Conforce Limited Vs. Titas Gas Transmission and Distribution Co. Limited & another, 1989, 18 CLC (HCD)

.... gaseous substances distributed by the Respondent No.1 by operation of Article 143 of the Constitution which provides as follows:- "(1) There shall vest in the Republic, in addition to any other land or property lawfully vested— (a) all minerals and other things of value underlying any lan...... (Dhaka) (Special Original Jurisdiction) Present: Abdul Matin Khan Chowdhury J Naimuddun Ahmed J Conforce Limited, a Limited Liability Company………...Petitioner Vs. Titas Gas Transmission and Distribution Co. Limited, a Public Limited Liability Company & another......nt No.1 whereby disconnection of gas in the brick-field of the petitioner in respect of Customer No. 3380004/5124 has been affected as per its order dated 8.11.88. 2. It is stated in the petition that the petitioner is a private Limited liability Company incorporated on 9th August, 1963 for the p......o Reported in: 42 DLR (HCD) (1993) 33. ..

Category: Others | Date: | Hits: 227

Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)

....nst the defendant No.1 Respondent No.12, defendant No.2, Respondent No.13 and the present appellants who were defendant Nos. 22, 21, 20, 16 and 14 respectively for declaration of their title in the land in suit on the basis of lease, settlement and purchase in which they asserted their possession ......s………………………………..Appellants Vs. Siddiqur Rahman & others........................Respondents Judgment February 8, 1987. Result: The Appeal is dismissed. Cases Referred to- Damodar Prasad and others Vs. Ram Charan Das and others, 1957 Pat 143; Bengali ......t the instance of the defendants respondents is against an order recording compromise under Order 23, rule 3 of the Code of Civil Procedure. 2. The facts giving rise to this appeal, in short, are that Sarafatullah, predecessor-in-interest of respondent Nos.1-9 and respondent Nos.10 and 11 institu...... Cal 689 (F.B);Umia-shankar Naranji Vs. Shivshankar Prabhashankar, 1944 Bom (D.B) 239; Damodar Prashad & others Vs. Ram Charan & others, 1957 Tat 143; Ajoy Kumar Devi Vs. Manindra Nath Chakraboriy, 32 Cal. 561; Ashfaqul Hossain 1923 Oudh. 252; Mst. Kalpa Vs. Sita Ram & another 1955 All 1..

Category: Property Law | Date: | Hits: 109

Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)

....o this present pre-emption case under section 96 of the State Acquisition and Tenancy Act. 3. The petitioner’s case in short is that opposite party No.2 was an SA recorded tenant of the case land in plot No.314 of Mauja Sadish. The plot No.312 was owned and possessed by the petitioners O.P....................................Petitioner Vs. Osimuddin & others…………………………....Opposite Parties Judgment February 18, 1988. Result: The Rule is discharged. Cases Referred to- Habibur Rahman Khalifa Vs. Satis Chandra Ghosh, (1977) 29 DLR (H.C) 178; 29 DLR......Act. 2. The impugned Kabala registered on 17.6.72 gave rise to this present pre-emption case under section 96 of the State Acquisition and Tenancy Act. 3. The petitioner’s case in short is that opposite party No.2 was an SA recorded tenant of the case land in plot No.314 of Mauja Sadish....... February 18, 1988. Result: The Rule is discharged. Cases Referred to- Habibur Rahman Khalifa Vs. Satis Chandra Ghosh, (1977) 29 DLR (H.C) 178; 29 DLR 1789; Hajera Bibi Petitioner Vs. Noor Jahan Begum & others, Respondents, 35 DLR (HC) 238. Lawyers Involved: A.K. Badrul Huq, ..

Category: Property Law | Date: | Hits: 100

Rafiqul Islam & another Vs. Abul Kalam & others, 1988, 17 CLC (HCD)

....Case and of restoration of Other Suit No.20 of 1980. 2. The opposite parties Nos.1 to 3 filed Other Suit No.20 of 1980 against the petitioners and others for declaration of title to the disputed land and pond on various pleas. The petitioners contested the suit as defendant Nos.1 and 2 filing t......mp; another.........................Petitioners Vs. Abul Kalam & others...........................Opposite Parties Judgment December 5, 1988. Result: The Rule is discharged. Case Referred to- Biswanath Banerjee and others Vs. Amar Nath Mukerjee and others, 1962 Cal. 110. ......filing two separate written statements denying the material allegations made in the plaint. After service of summons the suit was fixed for hearing on 20.9.1983 and the petitioners filed hajira on that date. But the suit was dismissed for default as the plaintiffs did not appear at the time when t...... Result: The Rule is discharged. Case Referred to- Biswanath Banerjee and others Vs. Amar Nath Mukerjee and others, 1962 Cal. 110. Lawyers Involved: Nurul Islam Chowdhury, Advocate-For the Petitioners. No one-For the Opposite Parties. Civil Revision No. 81 of 1985. Judgme..

Category: Criminal Law | Date: | Hits: 85

Lal Mia Vs. State, 1989, 18 CLC (HCD)

....n filing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ......a..........................................Petitioner Vs. The State....................................Respondent Judgment February 6, 1989. Result: This Rule is made absolute. Case Referred to- Hakim Rai Vs. The State, AIR 1957 (Punjab) 134. Lawyers Involved: Khademul...... default order and further convicting and sentencing under section 457 of the Penal Code to two years rigorous imprisonment and to pay a fine of Tk. 2,000/- with a default order with direction that both the sentences to run concurrently. 2. The prosecution case is that on 27.3.85 at about......ment February 6, 1989. Result: This Rule is made absolute. Case Referred to- Hakim Rai Vs. The State, AIR 1957 (Punjab) 134. Lawyers Involved: Khademul Islam Chowdhury, Advocate-For the Petitioner. Matiur Rahman Khan, Advocate-For the State. Criminal Revision No.425 of 198..

Category: Procedural Law | Date: | Hits: 122

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