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P-1.I have already referred to para No.11 of the 'Will' while dealing with the topic dramatic works vis-'-vis literary work and therefore if the 'Will' is read in its entirety and if we take into account,the benefits that flow from the bequest made by Dr
Ruling by Lower Court
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With these directions and observations we affirm the orders under appeal but, while dismissing the appeals, direct the parties to bear their costs in this Court
Ruling by Present Court
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Ravindra Srivastava,learned senior counsel appearing for the respondent-State,at the very outset submitted that the appellant conceded before the High Court not to decide the merit of the case
Argument
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It is for their protection that price-fixation is resorted to and any increase in price affects them as seriously as any decrease does a manufacturer, if not more
Ratio of the decision
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Both PW1 and PW2 stated that the house of the accused was at a distance of 15-16 houses from the house of Prakashi Devi; that the accused had never come into their house earlier; that their family and the accused were not on visiting terms with each other even during functions,marriages or death,though they were on visiting terms with others in the village
Facts
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Kay Aar Biscuits (P) Ltd.was the lawful owner of the brand name
Facts
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What has been held in all these cases is that where the trial of a person who was charged with having committed an offence or offences jointly with several persons is separated from the trial of those persons, he would be a competent witness against them though of course there will always be the question as to what weight should be attached to his evidence
Argument
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After such demarcation is made the Commissioner of Partition is directed to approve the same and carry out the direction of the Honble Supreme Court in respect thereof." does not in any way take away rights of the State of West
Ratio of the decision
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Petitioners agreed to link up their ads with 26 episodes of the said serial
Facts
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At that time, PW-2 came there and questioned the accused persons as to what they were doing, whereupon, the appellant and Accused no. 2 started assaulting PW-2 also
Facts
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On 21st February, 1928, she settled the maintenance claim of Lakshmi Ammal and obtained a deed of release from her by paying her a sum of Rs
Facts
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Though the appellants were not entitled to any opportunity of hearing before alteration of the benefits flowing from the notifications or withdrawal of any benefit, yet when the State has not taken any specific stand justifying the withdrawal and the High Court referred to the files to put its seal of proof, notwithstanding non-requirement for granting any opportunity before the withdrawal, principles of natural justice certainly were applicable, since the High Court with reference to the files recorded findings on the basis thereof
Ratio of the decision
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His presence is not doubted,since he resided with the family for whom he worked
Ratio of the decision
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He was a grown up male of 21 years and capable of performing sexual intercourse
Facts
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Now the next question is When was the possession of the acquired land obtained by the Appellant and when did he deliver it to P.W. 8
Ratio of the decision
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The trial court was conscious enough not to enter into the controversy whether during the particular account year ending on 31 March 1984 the advertising expenditure was fully exempted from tax or that there was disallowance of 20 per cent on that point and the decision regarding income tax deductions is not necessary as there is enough other material to show that the said bill was ante-date
Facts
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Thereafter on November 25, 1981, a further order was made to the following effect: "After hearing learned counsel and with their consent, and arrangement has been worked out as on interim measure
Ruling by Lower Court
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It cannot be the case of the Union that the figure of Rs.5 lakhs mentioned in paragraph 33 of the award represented the result of adding a flat increase to the pay of each workman in addition to the benefits conferred by the revised pay scales and other awarded reliefs
Ratio of the decision
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The gift to Mst
Precedent
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We may notice that in Sk
Precedent
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We have heard Mr
Facts
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In our considered view, the conviction of the second appellant Rajbir
Ratio of the decision
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the notice was served upon the respondent 1,a reply has been filed by M/s Thakural Mechanical Works bringing out there in that they are now the registered proprietors of said
Facts
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But what has happened here is that the Chief Conservator himself made the appraisement without referring to the appraisement made by the D.F.O. and as such the appraisement made by the Chief Conservator is invalid
Ruling by Lower Court
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State of Madhya Pradesh
Precedent
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It was argued with reference to various facts and figures that the price had been fixed in an arbitrary manner and the Government was not willing to disclose the basis on which the prices were fixed on the pretext that it may involve disclosure of matters of confidential nature
Argument
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For the purpose of her maintenance, for payment of debts etc., and for settling the claim of the daughter-in-law she does not appear to have felt any necessity to make any alienation of any part of the estate mentioned in the schedule and the testator in all likelihood knew that she could fulfil these obligations without having recourse to alienations and hence he did not give her any power to do so
Ratio of the decision
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From our independent analytical appreciation of the evidence on the record,we are of the opinion that the Designated Court rightly found the participation of A-1,A-5,A-8,A-9 and A-11,in the assault,to have been positively established
Ratio of the decision
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Meghraj Biscuits Industries Ltd." or "Meghraj".The Appellants claimed that it has been using the wrapper since beginning and since 1991 the use of the trade name or brand name "Meghraj" has never been challenged
Argument
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Waiver of this kind depends upon consent,and the fact that the other party has acted upon it is sufficient consideration It seems that,in general,where one party has,by his words or conduct,made to the other a promise or assurance which was intended to affect the legal relations between them and to be acted on accordingly,then,once the other party has taken him at his word and acted on it,so as to alter his position,the party who gave the promise or assurance cannot afterwards be allowed to revert to the previous legal relationship as if no such promise or assurance had been made by him,but he must accept their legal relations subject to the qualification which he has himself so introduced,even though it is not supported in point of law by any consideration.[See 16 Halsbury's Laws (4th edn) para 1471
Precedent
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In Animireddy Venkata Ramana and Others v. Public Prosecutor, High Court of Andhra Pradesh, (2008) 5 SCC 368, 2008 Indlaw SC 354 , this Court while considering a similar case observed as follows: " 10
Precedent
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We are not satisfied that the petitioners have made out a case for consideration by this Court
Ratio of the decision
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In our view there is no justification for holding that the conviction under Section 5(1)(c) read with 5(2) is bad for want of the requisite sanction
Ratio of the decision
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and these shall thereafter pass to her daughters
Ratio of the decision
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However,there must be existence of proximate link between the acts of cruelty along with the demand of dowry and the death of the victim
Ratio of the decision
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These are penal provisions but ultimately these are the social legislations,intended to control offences relating to the society as a whole
Ratio of the decision
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If the industrial concern has resulted in a trading loss, there would be no profits of the particular year available for distribution of dividends, much less could the employees claim the distribution of bonus during that year
Ratio of the decision
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Even if for the sake of argument we were to ignore the evidence of PW19,it would not materially affect the prosecution case in so faras the incident at the video parlour is concerned
Ratio of the decision
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S.4 of the Act makes it clear that a member of the owner's family cannot be considered as a deemed tenant,even if he is lawfully cultivating the land belonging to owner
Facts
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AIR 2009
Precedent
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The State Government and any revenue of survey officer,not inferior in rank to an Assistant or Deputy Collector or a Superintendent of Land Records,in their respective departments,may call for and examine the record of any inquiry or the proceedings of any subordinate revenue or survey officer,for the purpose of satisfying itself or himself,as the case may be,as to the legality or propriety of any decision or order passed,and as to the regularity of the proceedings of such officer
Statute
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Taking into account the circumstance that besides the staff of 306 workmen represented by the Union there were several other employees who would also have to be paid,the Tribunal considered it fair,in paragraph 23 of the award,to give a flat increase of Rs.150/-in the category of Draughtsmen and Rs.100/-in the case of other categories
Facts
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By an order dated 18.11.2004,the Civil Court issued contempt notice to the authorities of DRI for non-release of documents and the authorities of DRI made a statement before the court that the documents are being returned
Facts
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a) The appropriate authority shall in the first instance serve a notice upon a person to be evicted requiring him,within such reasonable time as may be specified in the notice,to vacate the land
Statute
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it was further pointed out that in fact the appellants had applied for ownership of the brand name "Meghraj" vide application dated 30.9.91 to the Registrar,Trade Marks under the Trade Marks Act and that the said application for registration was pending before the competent authority and since the above arguments were not recorded in the impugned Order of the CEGAT dated 11.4.2000 the same warranted rectification
Facts
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Cls.(a) and (b) operate in different fileds
Precedent
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We are not inclined to agree
Ratio of the decision
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Disputes arose between Bhupendra, jnanendra and Nagendra, the sons of Rajendra, and one Kedar Nath Ghosh was appointed arbitrator to settle those disputes
Facts
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The High Court,as an appellate Court,once again analysed all the material,discussed the oral and documentary evidence and finding that the prosecution had proved the guilt of the accused beyond reasonable doubt concurred with the conclusion arrived at by the trial Court and dismissed the appeal of the appellant
Ratio of the decision
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It was observed that the prosecution must prove the following facts before it can bring a case under S. 300 "thirdly
Precedent
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The learned counsel for Mahesh (accused no.3) relied on several decisions of this Court in Suresh Sakharam Nangare Vs
Argument
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Bail bonds of accused A1, A3 and A4 shall stand discharged
Ruling by Present Court
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Such a plea was not even raised before the High Court
Ratio of the decision
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and,thus,the arbitration clause in the said Charter Party operated in respect of these and other allied purposes
Ruling by Present Court
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that the injury found to be present was the injury that was intended to be inflicted
Precedent
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So, it would follow that if there is trading loss in the year under claim, bonus should not ordinarily be awarded
Ruling by Lower Court
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State of U.P.and Others [(1991) 1 SCC 212 1990 Indlaw SC 463
Argument
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The distance between the two places as was stated before us during the hearing of the case is less than 50 kms
Ratio of the decision
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This Court also in its order dated 5th May, 2004 clarified that the interim order dated 30th January, 2004 shall not be applicable as regard sale of commercial properties as even before this Court the same had not been questioned
Ratio of the decision
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Where, however, a police officer makes some preliminary enquiries, does not arrest or even question an accused or question any witnesses but merely makes a few discreet enquiries or looks at some documents without making any notes, it is difficult to visualise how any possible harassment or even embarrassment would result therefrom to the suspect or the accused person
Precedent
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As stated above,I was transferred and posted to the Manipur Electronics Development Corporation during 1997
Facts
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Appellant's counsel appeared on that date and,inter alia,contended that presently it was the registered owner of the trade mark which was sought to be cancelled
Argument
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There was indeed some scuffle between the parties during the course of which Accused No. 1 received simple injuries and the deceased died of the two stab injuries inflicted by the present appellant
Ratio of the decision
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The earlier order passed by this Court dated 22.8.2006 reads as follows: "Heard
Facts
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The power u/s.46 is discretionary
Facts
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3 of the Essential Commodities Act and therefore, had no relevance to the case before the Constitution Bench
Precedent
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Employees shall be classified as (i) permanent , (ii) permanent seasonal,(iii
Statute
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For the moment, ignoring the price fixed by the Government, we see that the price of Rs.24,735 per Kg
Ratio of the decision
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The respondent No
Facts
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The following liabilities shall be paid or discharged in full, as far as may be, in the order as under: (a) all revenues, taxes, cesses and rates due from the persons notified by the Custodian under sub-s
Statute
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the motive is in the mind of the accused and can seldom be fathomed with any degree of accuracy
Ratio of the decision
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Ss.13 and 14 provide for methods of awarding compensations to jagirdars by the Collector and against the awards of the Collector under either of these provisions a appeal has been provided at the instance of the aggrieved party to the Revenue Tribunal under s.16.S.17 provides the procedure for disposal of appeals by the Revenue Tribunal while s.18 prescribes a period of limitation for preferring such appeals and s.20 gives finality to the award made by the Collector subject to appeal to the Revenue Tribunal
Statute
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The other specific question is whether in the facts of the case and having regard to the nature of evidence considered and the specific finding made by the competent authority while determining the question under s.2(4
Ratio of the decision
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The High Court on a reappraisal of these very evidence came to the conclusion that the partnerships were camouflages and were not acted upon and in fact and in reality the partnership firm was a sub-tenant of the appellant herein
Facts
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Wage scale statements were filed by the parties before the Tribunal pertaining to several engineering consultancy organisations but
Facts
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The question is to what extent the relief should be given to the employees
Facts
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In the said writ petition,it was prayed: " On the facts and circumstances mentioned herein above,the Petitioner prays to your Lordships that: (A) Be pleased to issue writ of Mandamus or writ in the nature of Mandamus or appropriate writ,order or direction,quashing and setting aside the impugned action of acquiring and demolishing the structures available on the land in question,i.e.,Original Plot No.17/A -R.S.No.17/P,situated at Umra,Surat
Facts
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We have noticed hereinbefore that learned Additional Solicitor General contended that Appellant obstructed the proceedings by initiating various civil litigations
Ratio of the decision
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The question is whether an appeal would lie from the decision of the Single Judge in such a case
Precedent
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And now the applicant,after all these proceedings have been taken by him,after doubtless much expense has been incurred on the part of the caveator,and after lying by and hoping to get a judgment of the Court in his favour,asks the Court to do that which but for some reasons known to himself he might have asked the Court to do before any other step in the proceedings had been taken
Precedent
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It is also established from the evidence on record for it is clearly stated that the street light having tube light was giving sufficient light to the place of occurrence and that it was directed towards the house which was the place of occurrence
Ratio of the decision
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31A repels the applicability of Arts
Ratio of the decision
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It is clear from the pleadings and issue No.2,framed by the Arbitral Tribunal,that it was respondent s consistent stand that since the hired vessel had not been re-delivered at the end of the time charter party,the vessel would be governed by the terms and conditions in the Charter Party dated 6th May,1997
Ratio of the decision
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1961 Indlaw SC 157,Hiralal Kapur vs
Argument
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The High Court could not substitute its own finding for the one reached by the courts below on a reappraisal of evidence
Precedent
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The respondent No. 1
Ratio of the decision
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Considering these facts in our view drawing of an adverse inference for the non- production of the Muster Rolls for the years 1991-92, is wholly erroneous on the part of the Industrial Court and the High Court
Precedent
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The appeal, and the cross-objections came on for hearing before Harries C. J. and S. N. Banerjee J., who delivered judgment on the 5th March, 1951, dismissing the said appeal and allowing the cross-objection in regard to Rs
Ruling by Lower Court
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He has stated further that the suit premises were to be used for business and he could use it for any business and he joined in partnership with Defendants Nos.2 to 5 somewhere in 1961 to prepare neon signs and the defendants Nos.2 to 5 were his partners and doing business in the suit premises
Argument
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The copy of the letter dated July 23,1973,alongwith
Facts
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The ideas, however, of the committing magistrate in stating all that is said there appears to have been merely to describe the conspiracy and do nothing more
Ratio of the decision
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In A Umarani 2004 Indlaw SC 606 (supra), this Court held that once the employees are employed for the purpose of the scheme, they do not acquire any vested right to continue after the project is over
Precedent
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The arbitrator made his award dated the 12th October, 1920, whereby he allotted premises No. 41-A Grey Street, exclusively to Nagendra as his share of the family properties
Facts
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The new provision, however, does no more than lift the ban and does not impose a duty on the court to draw the attention of an accused person to its contents
Ratio of the decision
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In her statement under Section 161 Cr
Facts
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It may further - be mentioned that the account books of VESCO show certain payments made to Billimoria & Co. of Kharagpur
Statute
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It has not been in dispute that the title of the land was also transferred in their favour
Ratio of the decision
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He also inform in that letter that the excavation in all available portions of the taxi track and runway has been completed
Ratio of the decision
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In sub-section (1),references to the author shall,in the case of a pseudonymous work of joint authorship,be construed
Statute
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In the said case,Government resolution provided for payment of rental compensation expeditiously but no provision was made to pay interest in case of delayed payment
Precedent
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