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Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)

....iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669....... Court Division (Civil Appellate Jurisdiction) Present: Mohammad Ismailuddin Sarker J Kazi Ebadul Hoque J Bangladesh and another…………………………Appellants Vs. Banarashi Lal Sharaf and others……………………….Respondents Judgment May 12, 1993. Ca......Hoque J.- This appeal by the defendants is against judgment and decree dated 27.3.1959 passed by the Subordinate Judge, Kushtia in Title Suit No.18 of 1957 decreeing plaintiff's Suit for declaration that seizure of the disputed goods on 5.1.55 and confiscation of the same on 3.9.55 are illegal and f......��…………Appellants Vs. Banarashi Lal Sharaf and others……………………….Respondents Judgment May 12, 1993. Cases Referred to- Sardar Ali and others Vs. 1. The Collector of Customs Karachi 2. The Federation of Pakistan, PLD 1957 (Karachi), 111; Federation of Pakistan..

Category: Fiscal/Taxation Law | Date: | Hits: 125

Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)

....itioners as plaintiffs instituted a suit in the Court of the Assistant Judge, Pirganj in the District of Thakurgaon, being Other Class Suit No.28 of 1991, praying for declaration of title in the suit land and for permanent injunction. 3. The defendant opposite parties contested the suit by filing......dvocate — For the Petitioner None appears — For the Opposite Party. Civil Revision No. 3635 of 1996. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 1-1-96 passed by the District Judge, Thakurgaon in Miscellaneous Case No.9 of 1995 under Order 47 rule 1 of ......his Case is also Reported in: 51 DLR (HCD) (1999) 504.......Petitioner Vs. Probhat Chandra Roy………………Opposite Party Judgment March 10, 1999. Result: The Rule is made absolute. Lawyers Involved: Md. Marfat Ali, Advocate — For the Petitioner None appears — For the Opposite Party. Civil Revision No. 3635 of 1996. ..

Category: Procedural Law | Date: | Hits: 91

Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)

....ule of the Court. It has been stated that on the basis of an arbitration agreement dated 31-5-85 the parties appointed Mr. MA Rashid as the sole arbitrator to adjudicate the dispute in respect of the land mentioned in the agreement as to the shares of the parties thereto in the light of the differen......r Rahman Khan (Md.) and another……………Petitioners Vs. Jinnatul Ferdous and others.………….Opposite Parties Judgment May 4, 1999. Result: The Rule is made absolute. Cases Referred to- Abdul Hamid Vs. Abdul Jabbar, 34 DLR (AD) 208; Devaki Amma Mookambi Amma Vs. Me......n Adalat, 4th Court, Dhaka in Title Execution Case No.20 of 1997 rejecting the application of the petitioners under section 151 of Code of Civil Procedure for restoration of possession on the ground that no executable decree was passed. 2. Short facts relevant for the purpose of the case are that...... Abdul Hamid Vs. Abdul Jabbar, 34 DLR (AD) 208; Devaki Amma Mookambi Amma Vs. Meenakshy Amma, Vijayama and another, AIR 1990 Karala 37; Mababala Hegde Vs. Meenakshi Heggadithi and others, AIR 1960 Mysore 193; 43 DLR 207 and 539; AIR 1922 (PC) 269; 5 BCR (AD) 346; 12 BLD (AD) 245. Lawyers Involved..

Category: Civil Law | Date: | Hits: 66

Falu Mia Vs. Md. Nazrul Islam and others, 1999, 18 CLC (HCD)

.... denying the material allegations of the plaint and contended, inter alia, that the suit is bad for defect of parties. It was also contended that the plaintiff has no title and possession in the suit land and, as such, the suit is liable to be dismissed. 4. The plaintiff thereafter served Interro......l Saha J Falu Mia………………..Petitioner Vs. Md. Nazrul Islam and others………………….Opposite Parties Judgment August 1, 1999. Result: The Rule is discharged. Cases Referred to- Md. Shahidul Alam Khan and others Vs. Md. Gulzar Alam and others, 1984 BLD 21 =......lat No.4, Dhaka in Title Suit No.393 of 1987 exempting the plaintiff from the necessity of impleading 36 persons as defendants in the suit. 2. Short facts relevant for the purpose of the case are that opposite party No.1 as plaintiff instituted a suit in the 3rd Court of the Subordinate Judge, Dh......thers, 1984 BLD 21 = 36 DLR 290; Mir Shariatullah Vs. Abdur Rahman Bepary and others 8 DLR 645; Shaimon Bewa Vs. Shafiruddin and others, 38 DLR 265. Lawyers Involved: Mohammadullah, Advocate - For the Petitioner. Not Represented - the Opposite Parties. Civil Revision No.2670 of 1992. ..

Category: Procedural Law | Date: | Hits: 67

Serajuddin Shah (Md.) Vs. Secretary, Ministry of Religious Affairs and others, 1999, 18 CLC (HCD)

....ithout giving him any opportunity to be heard is without lawful authority. He further submitted that petitioner having not agreed to the proposal of respondent No.4, Developer for development of waqf land his removal by the respondent No.2 is in colourable exercise of power to award-contract to the ......titioner. Abdul Quayum, Advocate- For the Respondent. Fakir Delwar Hossain, Advocate — For Respondent No.2. Writ Petition No. 1712 of 1998. Judgment Kazi Ebadul Hoque J. - This Rule was issued at the instance of the petitioner Md. Serajuddin Shah calling upon the respondents to show......ould not be declared to have been made without lawful authority and of no legal effect. 2. Learned Advocate for the petitioner, after placing the petition and other materials on record, submitted that petitioner not being guilty of any of the misfeasance and non-feasances mentioned in sub-section......rs and others………………..Respondents Judgment August 5, 1999. Result: The Rule is discharged. Lawyers Involved: Khondker Mahbubuddin Ahmed with MA Azim Khair Advocates — For the Petitioner. Abdul Quayum, Advocate- For the Respondent. Fakir Delwar Hossain, Advocate ..

Category: Trust/Waqf Law | Date: | Hits: 142

Shaikh Jahangir Hossain Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....concerned Ministry, is illegal and not binding upon him with a further prayer for specific performance of contract contending, inter alia, that in response to a public notice for sale of the unused lands of the Railway Department through tender, the plaintiff submitted two tenders to the concerned......�..Appellant Vs. Government of Bangladesh and others................Respondents Judgment November 12, 2001. Result: The suit for specific performance of contract is dismissed. Case Referred to- Associated Provincial Picture Houses Vs. Wednesbury Corporations, 1948 1 KB‑22......g the suit. 2. One Sheikh Jahangir Hossain instituted the suit against the Secretary, Railway Division, Ministry of Communication, Government of Bangladesh and 7 others, praying for a declaration that the impugned order dated 4‑8‑1992 passed by the concerned Ministry, is illegal and not bindi......ssain…………………………………..………..Appellant Vs. Government of Bangladesh and others................Respondents Judgment November 12, 2001. Result: The suit for specific performance of contract is dismissed. Case Referred to- Associated Provincial Pict..

Category: Civil Law | Date: | Hits: 82

Abu Sayeed Sheikh and others Vs. Md. Majibur Rahman and others, 1998, 17 CLC (HCD)

....so found that the suit is barred by res judicata and bad for defect of parties. The learned Munsif further found that the plaintiff had no cause of action and he failed to prove his title in the suit land. 6. On appeal, the learned District Judge did not find that the impugned judgment suffers fr......he Petitioners. Not Represented — the Opposite Parties. Civil Revision No.7753 of 1991. Judgment Gour Gopal Saha J. - This Rule is directed against the judgment and order dated 25-3-91 passed by the District Judge, Bogra in Title Appeal No.197 of 1991 reversing the judgment and decree ......said judgment and order, the defendant-petitioners moved this Court and obtained the present Rule. 2. Mr. Abdul Khaleque, the learned Advocate appearing for Mr. SS Halder on behalf of the submits that the court of appeal below erred in law in making the order of remand completely ignoring the pro......Petitioners Vs. Md. Majibur Rahman and others…………………….Opposite Parties Judgment June 14, 1998. Result: The rule is made absolute. Lawyers Involved: Khaleque for SS Halder, Advocate- For the Petitioners. Not Represented — the Opposite Parties. Civil R..

Category: Property Law | Date: | Hits: 75

Abdul Majid Mondal Vs. State and another, 1999, 18 CLC (HCD)

....ing Civil Revision No.2260 of 1996. While issuing Rule on the revisional application this court made an order on 29-10-96 directing the parties to maintain status quo as to the possession of the suit land during the pendency of the Rule. It appears from the record that on the basis of the aforesaid ......d Ali J Abdul Majid Mondal………………Petitioner Vs. State and another……………….Opposite Parties Judgment May 12, 1999. Result: The rule is made absolute. Case Referred to- Abul Bashar and others Vs. Hasanuddin Ahmed and others, 51 DLR (AD) 14. Lawye......cause as to why the judgment and order dated 15-6-98 passed by the Additional Sessions Judge Rangpur in Criminal Revisional Case No. 95 of 1996 should not be quashed. 2. Shortly, stated facts are that the petitioner in this Miscellaneous Case and the opposite party No.2 made two General Diaries b......2, 1999. Result: The rule is made absolute. Case Referred to- Abul Bashar and others Vs. Hasanuddin Ahmed and others, 51 DLR (AD) 14. Lawyers Involved: Nahid Mahtab, Advocate — For the Petitioner. Shueb Ahmed, Assistant Attorney-General — For the State. Criminal Miscell..

Category: Criminal Law | Date: | Hits: 237

Motaleb Sardar (Md.) and others Vs. State and another, 1998, 17 CLC (HCD)

....R No.115 of 1992 was started against the accused petitioners under sections 148/447/379/427/34 of the Penal Code. The prosecution case, in short, is that, complainant Kasem Ali Bepari and his wife as landless cultivators got settlement of the case land measuring 96 decimals from the Government in pl......he Petitioners. Not Represented — the Opposite Parties. Criminal Revision No.705 of 1994. Judgment Gour Gopal Saha J.- This Rule is directed against the judgment and order dated 7-2-94 passed by the Additional Sessions Judge Madaripur is Criminal Appeal No.23 of 1993 dismissing the app...... them under section 427 of the Penal Code and sentencing him thereunder to suffer for 3 months and the sentences were to run consecutively. 2. Short facts relevant for the purpose of the case are that, complainant Kasem Ali Bepari filed a petition of complaint before the Thana Magistrate, Rajoir,......��………Petitioners Vs. State and another……………………Opposite Parties Judgment July 21, 1998. Result: The Rule is discharged. Lawyers Involved: Probir Halder for SS Halder, Advocate — For the Petitioners. Not Represented — the Opposite Parties. Crim..

Category: Criminal Law | Date: | Hits: 73

Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)

.... Ali Akbar lodged an First Information Report with Gaffargaon PS on 14-3-89 at 11-30 PM stating that at about 3-30 PM on that day nephew P.W.5, Tofazzal, son of his cousin Dawan Ali went to his paddy land to supply water from the Deep Tube Well and at that time accused Matin and Kader resisted Tofaz......bdul Quddus J Ali Akbar (Md.)………………..Petitioner Vs. State and others …………………….Respondents Judgment 14 May, 1998. Result: The Rule is discharged. Cases Referred to- 47 DLR 478; 47 DLR 420; Abdul Aziz Vs. Sekand Ali, 50 DLR 111. Lawyers Invol......ment and order of acquittal dated 21-7-91 passed by the Additional Sessions Judge, 2nd Court, Mymensingh in Sessions Case No.144 of 1990 should not be set aside. 2. Prosecution case, in short, is that informant P.W.1 Ali Akbar lodged an First Information Report with Gaffargaon PS on 14-3-89 at 11......ischarged. Cases Referred to- 47 DLR 478; 47 DLR 420; Abdul Aziz Vs. Sekand Ali, 50 DLR 111. Lawyers Involved: Khurshid Alam Khan, Advocate—Amicus Curiae. MA Wahab Miah, Advocate —For the Opposite Party Nos. 2-7. Criminal Revision No. 3109 of 1991. Judgment Kazi Ebadul Ho..

Category: Criminal Law | Date: | Hits: 64

Manjurul Haque and 12 others Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, and others, 1999, 18 CLC (HCD)

....respective Rule is to pay cost @ Taka 1,000.00 (one thousand) only to each of the contesting respondent Nikah Registrars or Registrars. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 261.......nted by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, and others………………....Respondents. Judgment February 24, 1999. Result: The Rules are discharged. Cases Referred to- Bangladesh Vs. Azizur Rahman, 46 DLR (AD) 19 paragraph 17; Shafiqur Rahman Vs. ......6-97 (Annexure-H) Sholokbahar Ward was curtailed from Nikah Registry area of the petitioner in 9 comprising Wards of Chittagong City Corporation and respondent No.4 was appointed Nikah Registrar for that ward and the aforesaid order is under challenge in this Rule. 7. Respondent No.4 filed affida......; 22 DLR (SC) 65 and 201; 37 DLR (AD) 71 and 44 DLR 203; 22 DLR (SC) 65 and 201; 37 DLR (AD) 71 and 44 DLR 203; 16 BLD (AD) 110 and 50 DLR (AD) 82. Lawyers Involved: Abdur Razzaque, Advocate—For the Petitioner (In Writ Petition No. 3425 of 1998). AJ Mohammad Ali, Advocate—For the Respo..

Category: Civil Law | Date: | Hits: 89

Abdul Karim Vs. Gousddin and others, 1998, 27 CLC (HCD)

....r the petitioner submitted that learned Magistrate on consideration of the facts and circumstances of the case having rejected the prayer of the first party for delivery of possession of the disputed land learned Additional Sessions Judge acted illegally in setting aside the same under an erroneous ......or the Petitioner. Nazrul Islam Chowdhury with Hamida Chowdhury, Advocates — For the Opposite Party Nos.1-8. Criminal Revision No. 515 of 1997. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the Second-party petitioner Abdul Karim calling upon the first party op......995 passed by the learned Magistrate First Class, Sylhet in Misc. Case No.91 of 1989 arising out of NGR Case No.156 of 1967 should not be quashed. 2. Learned Advocate for the petitioner submitted that learned Magistrate on consideration of the facts and circumstances of the case having rejected t...... Vs. Gousddin and others……………..Opposite Parties Judgment May 25, 1998 Result: The Rule is discharged. Lawyers Involved: AKM Foez with Parvin Hannan, Advocates- For the Petitioner. Nazrul Islam Chowdhury with Hamida Chowdhury, Advocates — For the Opposite P..

Category: Criminal Law | Date: | Hits: 65

State Vs. Sree Ranjit Kumar Pramanik, 1990, 19 CLC (HCD)

....the dead body and lodged the FIR. In his cross examination this witness said to the suggestion put to him that they had no trouble with the accused Ranjit nor there was any quarrel with regard to any land nor was it true he did not identify the dead body. 8. P.W.2 Sufia Khatun, who is the wife of......ccepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660.......h of the condemned accused Sree Ranjit Kumar Pramanik passed on him on 20.5.1988 in Sessions Case No.33 of 1987 under sections 302 and 364 of the Penal Code. 2. The prosecution case, in brief, is that in the afternoon of 17.1.1986, the victim Motaleb Mollah with his younger brother Hanif Mollah w......�…………Condemned Prisoner Judgment November 10, 1991. Result: The reference under section 364 of the Code of Criminal Procedure is rejected. Cases Referred To- Khashru alias Khorshed Vs. State, 35 DLR page 119; State Vs. Arman Ali and others, 42 DLR (AD) at page 50; Aijuddin ..

Category: Property Law | Date: | Hits: 69

Hazrat Ali and another Vs. Kudrat Ali and others, 1991, 20 CLC (HCD)

....the Subordinate Judge. 2. The opposite party No.1 filed on 27th January, 1978 Pre‑emption Case No.16 of 1979 under section 96 of the State Acquisition and Tenancy Act, 1950 in respect of certain land on the allegations, inter alia, that he was a co‑sharer in the holding by inheritance and he ......an J Hazrat Ali and another………………Petitioners Vs. Kudrat Ali and others………………Opposite Parties Judgment March 11, 1991. Result: The Rule is discharged. Cases Referred to- Ashwini Kumar Karmaker Vs. Hari Mohan and others, 35 DLR (AD) 334; S Joga Moya ......ite party No.1 filed on 27th January, 1978 Pre‑emption Case No.16 of 1979 under section 96 of the State Acquisition and Tenancy Act, 1950 in respect of certain land on the allegations, inter alia, that he was a co‑sharer in the holding by inheritance and he had no knowledge about the transfer of...... Mondal Vs. Bibran Chandra Das, 51 CWN 644; Upendra Vs. Janab Ali, 29 DLR 229; Meher Abjar Vs. Jalal Ahmed Howlader, 13 DLR 642. Lawyers Involved: Abu Sayeed Ahmed with Alaluddin, Advocates ‑For the Petitioners. None‑For the Opposite Parties. Civil Revision No.46 of 1986. Judgment..

Category: Property Law | Date: | Hits: 72

Janab Ali & others Vs. Arju Miah & Others, 1991, 20 CLC (HCD)

.... as plaintiffs instituted the above suit for permanent injunction impleading the petitioners and others as defendants and praying for restraining the defendant No.1 Uma Rani Roy from selling the suit land measuring 41 decimal stating, inter alia, that defendant No.1 Uma Rani Roy got the suit land by...... permanent injunction according to law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 656.......manent injunction impleading the petitioners and others as defendants and praying for restraining the defendant No.1 Uma Rani Roy from selling the suit land measuring 41 decimal stating, inter alia, that defendant No.1 Uma Rani Roy got the suit land by virtue of a will of her father‑in‑law and a......�…Petitioners Vs. Arju Miah & Others…………………Opposite Parties. Judgment August 21, 1991. Result: The Rule is made absolute. Case Referred to- Commissioner for the Port of Calcutta Vs. Suraj Mull Jalan and others, 1928 AIR Calcutta at 464. Lawyers Involv..

Category: Property Law | Date: | Hits: 61

Ezahar Ali Mondol and others Vs. Golam Rasul and others, 1991, 20 CLC (HCD)

....parishad concerned held meeting and unanimously passed a resolution selecting a site named "Nayani" for construction of Union Parishad Bhavan and Community Centre and defendant No.10 also gifted some land for that purpose. In the meantime, with some motive and intention the defendants have selected ......993) 653.......f 1990 should not be set aside. 2. Opposite parties No.1 and 2 as plaintiffs instituted Title Suit No.274 of 1990 in the Court of the 1st Additional Assistant Judge, Khulna (In‑Charge) alleging that plaintiff No.1 is the Chairman of Maheshwaripur Union Parishad, Upazila Koyra, District Khulna. ......��……Petitioners Vs. Golam Rasul and others…………………Opposite Parties Judgment November 24, 1991. Result: The Rule is made absolute. Case Referred to- Administrator, Delta Construction Vs. Chairman, 2nd Labour Court, 28 DLR 365. Lawyers Involved: Latifur R..

Category: Civil Law | Date: | Hits: 99

Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)

.... 8-00 AM in a sugarcane field situated in the eastern side of his house, 7/8 days before the date of occurrence the informant and his brother the deceased Abu Bakar entered into an agreement to buy a land measuring 3¼ bighas belonging to Zahru's mother which was possessed by the accused Hares, mate......is also Reported in: 55 DLR (2003) 382. ......ffer rigorous imprisonment for life and to pay a fine of Taka 1,000 (Taka one thousand) in default to suffer rigorous imprisonment for 3 (three) months more. 2. The prosecution case, in brief, is that on 23‑11‑1987 at about 11‑00 PM the informant Md. Muzammel Hoque along with his wife and c......te, 27 DLR (AD) 29; Babar Ali Mollah Vs. State, 44 DLR (AD) 10; State Vs. Mukhtar Ali and another, 10 DLR 155; Emran Ali alias Md. Emran and others Vs. State, 37 DLR. Lawyers Involved: Md. Lutfor Rahman Mondal with KM Zahid Sarwar, Advocates‑ For the Appellant. ABM Waliur Rahman Khan, At..

Category: Criminal Law | Date: | Hits: 71

Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)

.... No. 1 cancelling his lease/allotment was illegal, void, malafide and of no legal effect, for permanent injunction restraining the defendants from interfering with his peaceful possession in the suit land and for further declaration that the plaintiff with his structures in the suit land was entitl......0.......Agent Messers Bird and Co (Pak) Ltd. and others, 17 DLR (Dhaka) 269; Dalbir Singh and others Vs. State of Punjab, AIR 1979 SC 1334; Krishena Kumar Vs. Union of India and others, AIR 1990 SC 1782; BM Bhattacharjee Vs. Russe Estate Corporation, AIR (1993) (SC) 1632; Mohammad Abdul Nasir and others Vs.......d. This Case is also Reported in: 55 DLR (2003) 350...

Category: Property Law | Date: | Hits: 122

Power Grid Company of Bangladesh Ltd. Vs. Rowshon Ara Begum and others, 2011, 40 CLC (AD)

....with a notice served under Section 6 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 dated 07.10.2006 issued by the Land Acquisition Officer, Dhaka, purporting to acquire the land of the petitioners in South Duttapara Mouza and South Ramchandrapur Mouza within Police Stati......t: The leave is granted. Lawyers Involved: Mahmudul Islam, Senior Advocate with Mahbubey Alam, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record-For the Petitioner. A. F. Hasan Ariff, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent N......he petitioners in South Duttapara Mouza and South Ramchandrapur Mouza within Police Station-Savar, District-Dhaka for "Palli Bidduyut Samity". 3. The case of the writ petitioners, in short, was that the writ petitioner No.1 purchased 43.75 decimals of land from plot Nos.51 and 49 of mouza Dakkh......er Vs. Rowshon Ara Begum and others…………………………….......Respondents Order June 22, 2011. Result: The leave is granted. Lawyers Involved: Mahmudul Islam, Senior Advocate with Mahbubey Alam, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record-Fo..

Category: Property Law | Date: | Hits: 81

Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)

....dispute the arguments made by their Lordship of the Privy Council in Chandan Mull Indra Kumar that interference with the result of a long and careful local investigation except upon clearly defined land sufficient grounds is to be deprecated. As observed above, the reports of the commissioners wer......y ............................Appellant Vs. M/s. MR. Trading Co. and others ....................................Respondents Judgment June 2, 2011. Result: The appeal is allowed. Cases Referred to- Majidunnessa Begum Vs. Province of East Pakistan and others, 1 BLD(HCD) 363; Ch......nd secured an interim order of stay. The appellants refused to pay out standing bill of Tk. 29,64,51,716/-. 3. The appellants contested the suit refuting the claim of the plaintiff. Their case is that the plaintiff was given earth works of section 9, Division-1 of the National Housing Authority...... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Chairman, National Housing Authority ............................Appellant Vs. M/s. MR. Trading Co. and others ................

Category: Civil Law | Date: | Hits: 73

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