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The order dated December 22,1978 of the Tribunal also does not reveal that there was any opposition by the company to the application for correcting the award
Ratio of the decision
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Before this Court the appellants broadly raised the following arguments: 1.Whether or not the State Government was justified in acquiring the said pieces of fertile agricultural land,when there were alternative sites of unfertile banjar land available
Ratio of the decision
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2.In
Statute
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If he fails to proceed on transfer in compliance to the transfer order,he would expose himself to disciplinary action under the relevant Rules,as has happened in the instant case
Ratio of the decision
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In these circumstances, the question that would arise for determination is whether the trees come within the description of "other product raised on the land
Ratio of the decision
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Pratima Mehta Rs
Ratio of the decision
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subject to what follows
Precedent
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Nothing in the scheme of the Drugs (prices Control
Ratio of the decision
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This view was reiterated by Chief Justice Beaumont,in Chimanram Motilal and another v
Precedent
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After completion of the investigation,two charge-sheets arising out of crime No.101/90 and crime No.102/90 were filed before the Designated Court
Facts
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Subs.(4) of s.40 stipulates that the interest of a protected tenant in the land held by him as a protected tenant shall form sixty per cent
Statute
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The Tribunal also noted that after the salaries of the employees had been fixed in the respective scales,senior employees would have to be given some more increments in the new scales according to their completed years of service
Facts
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Admittedly,the vessels continued to be chartered by the appellant beyond the date of this letter
Facts
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It was then that he wrote on 23-1-1963 as per Ex. 8 to the Assistant Garrison Engineer complaining that the possession of the whole of the land had not been delivered to him
Ratio of the decision
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Purna Theatre [(2004) 8 SCC 229 2004
Precedent
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Chapter V of the Act provides for town planning schemes
Ratio of the decision
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This Court in Tarsem Singh v
Precedent
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If public purpose can be satisfied by not rendering common man homeless and by exploring other avenues of acquisition,the Courts,before sanctioning an acquisition,must in exercise of its power of judicial review,focus its attention on the concept of social and economic justice
Ratio of the decision
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I submit that these appointment orders (annexures A/1 and A/2) bear my signature (initial) and appear to have been issued under my signature
Facts
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III
Ratio of the decision
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He was released from custody on 17.5.2006
Ratio of the decision
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It was followed by a Notification dated 4th September,1987 issued u/s 6 of the Acquisition Act
Facts
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The first mortgage was created by him in favour of Snehalata Dutt on the 19th May, 1926
Facts
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CONCLUSION
Ruling by Present Court
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In other words,this Court cannot altogether ignore the substantive provisions of a Statute
Ratio of the decision
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According to the prosecution the respondent No. I wanted to take advantage of this fact and conceived of a scheme for misappropriating as much money belonging to VESCO as possible before the managing agency agreement of AECO came to an end in October, 1948
Argument
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According to the prosecution the second Raju was not bestowing sufficient care and attention on the affairs of VESCO
Argument
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hereinafter called as the "scheduled land") situated in Lingabahalli Village,Madhugiri Taluk in the State of Karnataka,filed Form No.7 before the Land Tribunal praying for a declaration that they had acquired occupancy rights in respect of the scheduled land
Facts
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ii) Having regard to the fact that only three entitles out of eight were involved in the offences, the liability of Harshad Mehta could not have been clubbed for the purpose of directing attachment and consequent sale of the properties which exclusively belong to them
Argument
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This appeal by special leave which is directed against the judgment and order dated April 24,1974 of the Letters Patent Bench of the High Court of Judicature at Madras reversing the judgment and order dated April 19,1971 of the Single Judge of that Court passed in writ petition No.3822 of 1969 presented u/art.226 of the Constitution raises a complex but an interesting question relating to the construction of the phrases "maternity benefit........for the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks immediately following that day" occurring in s.5(1) of the Maternity Benefits Act,1961
Facts
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A mortgagee in possession
Statute
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The Commissioner,as noticed hereinbefore,was the Chairman of the DPC.How the matter was referred to the DPC has not been disclosed
Ratio of the decision
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But this is not relevant as what has to be considered is whether trees can be said to be "other product raised on the land
Ratio of the decision
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The appellant filed this appeal against that decision after obtaining special leave from this Court
Facts
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An owner of a plot is asked to part therewith only for providing for better facilities of which he would also be a beneficiary
Ratio of the decision
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In this appeal we are concerned with the claim for compensation for the said acquisition by one Abdul Khader who was a flower picker
Facts
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Regulation 113 confers wide powers on the authorities to summarily discharge an employee from service,if he continues to be absent from duty in an unauthorised manner and refuses to join his duty even after warning
Ratio of the decision
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It is also to be kept in view that those articles were recovered from the house of P.W.3 and at the initial stage of investigation,P.W.3 himself was one of the suspected person and he was arrested
Ratio of the decision
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The main circumstances relied upon by the prosecution relates to the statements of the accused leading to discovery of materials facts,admissible under Section 27 of the Indian Evidence Act,1872 (in short the 'Evidence Act
Ratio of the decision
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According to PW-22,the internal injuries on the deceased were a result of the following external injuries: (1) Incised wound,transverse on left groin at centre medial to left public symphysis and left superior iliac crest,all muscles,vessels cut,both femoral vessels,vein artery cut,dimension 4 x 2 x 5 cms
Ratio of the decision
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Bengal
Ratio of the decision
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In the order dated August 18,1993,the following directions were given in respect of the institutions covered by the aforesaid Writ Petitions Nos.284 of 1993 and 482 of 19932 : "Having regard to the above circumstances,we permit the petitioners
Facts
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There was a heated exchange of words between Rauji and the appellant switched on the light, which was again switched off by Rauji, the deceased
Facts
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In Umaji Keshao Meshram v
Precedent
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One of the cardinal principles of natural justice is that no man should be condemned without being heard,(audi alteram partem).But the law reports are replete with instances of courts hesitating to approve the contention that failure of justice had occasioned merely because a person was not heard on a particular aspect
Precedent
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Such notice shall specify the matters which are proposed to be decided by the Town Planning Officer and State that all persons who are interested in the plots or are affected by any of the matters specified in the notice shall communicate in writing their objections to the Town Planning Officer within a period of twenty days from the publication of notice in the Official Gazette
Statute
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He has deposed that on an earlier occasion he had gone along with PW.1 and some others to the house of appellant no.1 to persuade him not to harass Bhimabai and to treat her well
Facts
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PW-9 was examined by Dr
Facts
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Apex Bank Ltd
Precedent
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Tarun K.Roy (2004) 1 SCC 347 2003 Indlaw SC 1039,Textile Labour Assn.v
Precedent
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Arvindbhai Rambhai Patel and Ors.[2006 (8) SCALE 631 2006 Indlaw SC 786],this Court observed: "The matter may be considered from another angle
Precedent
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Phraseology used in exercise of original jurisdiction u/art.226 of the Constitution in S.2 of the Act cannot be given a restricted and constricted meaning because an order passed in a writ petition can tantamount to an order u/art.226 or 227 of the Constitution of India and it would depend upon the real nature of the order passed by the learned Single Judge
Precedent
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The Calcutta High Court,both the learned Single Judge as well as the Division Bench committed serious error of law in directing the Receiver to take possession of Nalban fishery from the State of West Bengal and deliver-the vacant possession of the same to the members of the Sarkar family
Ratio of the decision
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13,800 crores
Argument
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In a case of this nature when the Court accepts its own mistake in understanding the nature and purport of the undertaking given by the learned Senior Counsel appearing on behalf of the Board and its correlation with as to what transpired in the AGM of the Board held on 29-9-2004, the subsequent event may be taken into consideration by the Court for the purpose of rectifying its own mistake
Precedent
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23,1991,this Court observed thus : "We are told by the counsel for the State of U.P.that for the purpose of working out the seniority draft list has been prepared and was in circulation inviting objections
Facts
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For cases to fall within clause (3), it is not necessary that the offender intended to cause death, so long as the death ensues from the intentional bodily injury or injuries sufficient to cause death in the ordinary course of nature
Precedent
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However,when confronted with her statement recorded in the FIR,she admitted having stated that when the appellant had come first time at around 11.30 PM and broke the outside bulbs,her son woke up and went out of the house
Facts
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Similarly in Ram prashad Singh v. Lakhpati Koer ((1902) I. L. R. 30
Ratio of the decision
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new bulk drug' means a bulk drug manufactured within the country, for the first time after the commencement of this Order
Statute
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P.C. clearly was to prevent multiplicity of trials and not only would that object be defeated but an extraordinary result will ensue if the various clauses of s. 239 are read disjunctively
Ratio of the decision
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He further contended that Nalban Fishery having been vested in the State of West Bengal under the provisions of West Bengal under the provisions of West Bengal Acquisition Act,1955,the State cannot get rid of the direction given by the Supreme Court to the Receiver to handover possession of the various fisheries covered by the final decree to the parties to whom they have been allotted under the decree and the Nalban Fishery being one such fishery,the possession thereof was required to be given to the person in whose favour the said fishery has been allotted and therefore the learned Single Judge as well as the Division Bench in appeal have rightly issued the directions
Argument
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defendants 1 and 2 for redemption of suit properties which were mortgaged as security for certain monies borrowed by the plaintiff from defendant-l under two deeds of mortgage executed in the year 1961
Facts
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136 of the Constitution
Facts
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This Court reversed the decision of the High Court on the ground that a special court under the Act being a sessions court,it continued to have jurisdiction to try the case for the offence u/s.376
Precedent
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It may be mentioned that in respect of the 160 acres of land of' the Illom which were occupied by the appellant's father and the appellant, there was a dispute between the Illom and the Travancore State from about 1848
Facts
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May,1986 and may be renewed at the expiration of that period and of each succeeding period of a seven years
Facts
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He urged that it would be for the Collector acting under S.37(2) of the Bombay Land Revenue Code to decide the latter question in an inquiry initiated under that provision
Argument
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On the basis of complaint made by PW-1, an FIR was registered and the accused came to be arrested
Facts
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Shah,however,contended that by an agreement Ex
Argument
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Amongst others,lapse of time between the date of marriage and the date of death is also a relevant consideration for the Court while examining whether the essential ingredients of the provision are satisfied or not in a given case
Ratio of the decision
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The Secretary,Technical Education of the State of Kerala was also a member of that Committee
Ratio of the decision
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There,the respondent -a partnership firm was in possession as a tenant of a shop at Mulji Jetha Market,Bombay
Ratio of the decision
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The question as to the validity of the alienations was left undetermined
Facts
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A and also to the fact that after the application for registration was ,rejected the appellant tried to get himself impleaded in the suit filed by the Illom against the State which application was also rejected and so the claim that his possession was bona fide or that he was a bona fide .trespasser
Ratio of the decision
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Jain Industries got itself registered and obtained periodical renewal thereof as is required under the Act
Ratio of the decision
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In regard however to the cross-objection relating to premises
Ruling by Lower Court
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Dealing with the matter this Court referred.to the general principle which covers the question of jurisdiction at the inception of suits which was not disputed,thus: "The plaintiff chooses his forum and files his suit
Ratio of the decision
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The said decisions, thus, are of no assistance in this case
Precedent
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This penal section clearly spells out the basic ingredients as well as the matters which are required to be construed strictly and with significance to the cases where death is caused by burns,bodily injury or the death occurring otherwise than under normal circumstances,in any manner,within seven years of a marriage
Precedent
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x) We would, however, request the learned Special Judge, Special Court to complete the hearings of the matter, keeping in view of the fact that auction sale in respect of the residential premises is being consideration, as expeditiously as possible and not later than twelve weeks from the date of the receipt of the copy of this order
Ratio of the decision
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in respect of the said two properties will be paid.
Ratio of the decision
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The said provision reads as follows: "166
Statute
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Law Dictionary mean "Such products of the soil as are annually planted, served and saved by manual labour, as cereals, vegetables, Grass maturing for harvest or harvested, etc., but not grass on lands used for pasturage
Facts
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The posts of Sub Engineers in which the Appellants were appointed
Ratio of the decision
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Though Art.142 of the Constitution gives wider power to this Court,waiver of certain period as prescribed in the Statute imposing lesser sentence than the minimum prescribed is not permissible
Ratio of the decision
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I in respect of each head of the offences with which he was charged and the respondent No. 2 in respect only of the offences of conspiracy and misappropriation
Facts
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The issue relating to their claim that they were tenants of the said properties -the agricultural lands,as urged therein,had to be referred by the Civil Court to the Mamlatdar under section 85-A of the Bombay Tenancy and Agricultural Lands Act,1948 -"the BT & AL Act" for recording his finding thereon and the suit had to be stayed pending receipt of the finding thereon so that the suit may be finally disposed of on the basis of such finding
Facts
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In this appeal we are concerned with the question whether the High Court was right in upholding the award of the arbitrator so far as it has held in favour of Abdul Khader and his rights to get 60% of the compensation
Ratio of the decision
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Rudra Estate Pvt
Ruling by Lower Court
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It further appears that pursuant to an order dated November 24,1959,passed by the Mamlatdar,Idar,an entry was made on June 18,1963,in the relevant revenue records (village Form No.6) of one of the villages Kapoda comprised in the Jagir to the effect that the respondent's right to take out gravel and stones was recognised but the right relating to excavation of mica had been reserved and retained by the Government; this entry was only certified on March 30,1965.According to the respondent since the entries made in the revenue records in respect of his rights to mines and mineral products were not sufficient and proper and though the Mamlatdar's order dated November 24,1959 was in respect of two villages,namely,Kapoda and Isarwada,the relevant entry in respect of greval and stones had been made only in regard to village Kapoda,he by his application dated October 11,1968,requested the Collector,Sabarkantha,to issue necessary orders to the Mamlatdar,Idar,to make appropriate entries regarding his rights in the minerals in village Isarwada
Facts
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Although, we do not intend to enter into the correctness or otherwise of the said contention of the Appellants at this stage, however, there cannot be any doubt whatsoever that they being notified persons, all their properties would be deemed to be automatically attached as a consequent thereto
Ratio of the decision
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Moreover,there is nothing on record to indicate linkage with the manufacturing or marketing of the goods for which the appellant is holding registration of subject trade marks
Argument
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On the question of the scope of a Review, the learned counsel for the respondents invited our attention to Vrajlal Manilal & Co. v. Union of India & Anr., [1964] 7 SCR 97 1964 Indlaw SC 194; Shivaji Nathubhai v. Union of India & Ors., [1960] 2 SCR 775 1960 Indlaw SC 430; Maneka Gandhi, [1978] 2 SCR 621 1978 Indlaw SC 212; Swadeshi Cotton Mills, [1981] 2 SCR 533 1981 Indlaw SC 349; and Liberty Oil Mills
Argument
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The second contention of Mr
Ratio of the decision
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Learned counsel referring the revisional jurisdiction of the High Court under Section 115 of the Code of Civil Procedure tried to impress us that when the power of revision is given to the District Judge,then the High Court cannot entertain second revision petition under Section 115 of the Code
Argument
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In case no such undertakings are filed by the adult members as directed above, within the aforesaid period, the custodian shall stand appointed as receiver of the flats which are described in Exh
Facts
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JJ.,considered the very same question in the light of cl.15 of the Letters Patent of the Bombay High Court
Precedent
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NO
Argument
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Inasmuch as the respondents could not claim any amount at random,details regarding expenditure were included in the bills and therefore it is the sponsor's price for sponsoring the suit serial
Facts
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