12 August 2024


Search Results for Tag : CPC

Top Story

Ministry of Corporate Affairs operationalises Central Processing Centre for Centralised Processing of Corporate Filings(16.02.2024)

On the lines of continuous endeavour to provide Ease of Doing Business and in pursuance to Union Budget Announcement 2023-24, Central Processing Centr.....

Tags : Corporate Filings, CPC, Operations

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Notifications & Circulars

Notice to Calcined Petroleum Coke (CPC) Manufacturers regarding import of Raw Pet Coke(16.11.2023)

1. Reference is drawn to the Hon'ble Supreme Court order dated 10.10.2023 in Writ Petition(Civil) No. 13029 of 1985 in the matter of "M.C. Mehta Vs. U.....

Tags : Notice, CPC, Import

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News

Track Complaints on Social Media: Supreme Court to CPCB(30.10.2018)

Supreme Court has ordered the Central Pollution Control Board (CPCB) to immediately create a social media website or account where people could compla.....

Tags : Supreme Court, CPCB

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SC: In Case of Second Appeal, Court Not Required to Frame Substantial Questions as Per S.100 of CPC(26.07.2023)

Supreme Court has held that in second appeals arising out of the state of Punjab or the State of Haryana, courts are not required to frame substantial.....

Tags : Supreme Court, Substantial Questions, CPC

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NGT Issues Notice to MP Govt. over Rising Pollution in Bhopal(12.01.2016)

National Green Tribunal (NGT) has served notices to Madhya Pradesh Government, Central Pollution Control Board (CPCB) and MP Pollution Control Board (.....

Tags : National Green Tribunal, Madhya Pradesh Government, Central Pollution Control Board (CPCB) , MP Pollution Control Board (MPPCB)

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NGT to MOEF and CPCB: Clarify Stand on Setting Up Effluent Treatment Plants(14.01.2016)

National Green Tribunal (NGT) has directed Ministry of Environment and Forests (MOEF) and Central Pollution Control Board (CPCB) to clarify their stan.....

Tags : NGT, MOEF , CPCB

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JKL HC: Section 96 CPC Mandates that Appellant Must Challenge Both Decree Judgment(24.08.2023)

Jammu and Kashmir and Ladakh High Court has observed that Section 96 of Civil Procedure Code (CPC) amply make out that the appellant is required to ch.....

Tags : Jammu and Kashmir and Ladakh High Court, CPC, Decree, Judgment

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SC: Inherent Power U/S 151 CPC Can be Invoked Only When Alternate Remedies Don’t Exist(24.08.2022)

Supreme Court has held that inherent power under Section 151 of the Code of Civil Procedure (CPC) can be invoked only in circumstances where alternate.....

Tags : Supreme Court, CPC, Inherent Powers, Alternate Remedy

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Delhi HC: Procedural Formalities in CPC Not Intended to be Abused as Instrument of Oppression(12.08.2022)

Delhi High Court has held that the procedural formalities in the Code of Civil Procedure are "intended to facilitate litigation" by prescribing the co.....

Tags : Delhi High Court, CPC, Oppression, Litigation

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Del. HC: 2nd Appeal Can’t be Filed When Single Judge Heard Appeal from Original or Appellate Decree(08.09.2023)

Delhi High Court has held that Section 100-A of CPC proscribes the filing of a further appeal from a decision rendered by a Single Judge of a High Cou.....

Tags : Delhi High Court, CPC, Single Judge, Appeal

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SC Lays Down Guidelines for Considering Applications Seeking Amendment to Plaint(02.09.2022)

Supreme Court while laying down guidelines for considering applications seeking amendment of plaint has held that mere delay would not be a ground for.....

Tags : Supreme Court, Guidelines, Amendment, CPC

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SC: Can’t Allow Revision Petition u/s 115 CPC Against Trail Court Order Rejecting Review of Decree(28.09.2023)

Supreme Court has held that where an appealable decree has been passed in a suit, no revision should be entertained under Section 115 of the CPC again.....

Tags : Supreme Court, Revision Petition, CPC

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Restitution Under Sec. 144 CPC Attracts Only When There is Variation or Reversal of Decree/Order: SC(29.01.2019)

Supreme Court has explained the situations in which Section 144 of the Code of Civil Procedure (application for restitution) can be applied and observ.....

Tags : Supreme Court, Restitution, Section- 144 cpc

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Delhi HC: No Provision in CPC Which Enables Court to Appoint Guardian for Missing Party(14.09.2022)

Delhi High Court has held that there is no provision in the Code of Civil Procedure (CPC) which enables the court to appoint a guardian for a party be.....

Tags : Delhi High Court, Guardian, CPC

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CRIMINAL - “Sufficient Ground” for Withdrawal Of Suit in O 23 R 1(b) CPC Not Limited To Formal Defect: Orissa HC(19.03.2019)

Orissa HC while answering a reference arising out of conflicting judgments held that expression "sufficient grounds" occurring in Order 23, Rule 1(b) .....

Tags : Orissa HC, Withdrawal of Suit, CPC, Order 23 Rule 1(b)

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CIVIL - “Sufficient Ground” for Withdrawal Of Suit in O 23 R 1(b) CPC Not Limited To Formal Defect: Orissa HC(19.03.2019)

Orissa HC while answering a reference arising out of conflicting judgments held that expression "sufficient grounds" occurring in Order 23, Rule 1(b) .....

Tags : Orissa HC, Withdrawal of Suit, CPC, Order 23 Rule 1(b)

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Kerala HC: Whether Suit Falls Under Section 92 of CPC Has to be Decided Before Trial(28.09.2022)

Kerala High Court has held that question as to whether suit falls under Section 92 of CPC must be decided before trial as suit under Section 92 can be.....

Tags : Kerala High Court, CPC, Trial

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SC: Executing Court can Never Go Behind the Decree(31.10.2023)

Supreme Court has held that a bare perusal of Section 47 of CPC shows that all questions between the parties can be decided by the executing court, bu.....

Tags : Supreme Court, Executing Court, Decree, CPC

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SC: Plaint Can’t be Rejected in Part(01.11.2023)

Supreme Court while observing that a Plaint can’t be rejected in part under Order VII Rule 11 of CPC, has held that the true test is first to read the.....

Tags : Supreme Court, Plaint, CPC

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Del. HC: Local Commissioner Can’t Be Appointed by One Party to Marshal Evidence Against Another(03.11.2023)

Delhi High Court has held that Local Commissioner under Order 26 Rule 10A of CPC can be appointed for determination of issue in suit involving scienti.....

Tags : Delhi High Court, Local Commissioner, Scientific Investigation, CPC

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SC: Documents can be Directly Produced at the Stage of Cross-Examination of a Witness(18.12.2023)

Supreme Court has held that documents can be directly produced during cross- examination of a witness, (who is not a party to suit), to confront witne.....

Tags : Supreme Court, Cross-Examination, Witness, CPC

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SC Put Stay on Warrant Against CPCB Chief(31.05.2016)

SC has stayed bailable warrant issued against Central Pollution Control Board (CPCB) Chairman but directed him to appear before it on June 30 to give .....

Tags : SC, CPCB

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NGT to CPCB: Analyse Water Samples Supplied to Delhi Residents(09.06.2016)

National Green Tribunal while hearing the complaints that potable water was not supplied to Delhi residents forcing them to install Reverse Osmosis (R.....

Tags : National Green Tribunal, CPCB

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CIVIL - Delhi HC Pulls Up DCPCR for Not Taking Issue of Missing Children Seriously(06.03.2019)

Delhi High Court has taken to task the Delhi Commission for Protection of Child Rights (DCPCR) for not taking seriously the issue of children going mi.....

Tags : Delhi High Court, Delhi Commission for Protection of Child Rights (DCPCR), Missing Children

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SC Issues Bailable Warrants against CPCB Chairman(18.05.2016)

SC has issued bailable warrants against Chairman of the apex pollution monitoring body after he failed to appear and apprise it about the steps taken .....

Tags : SC , CPCB Chairman

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CPCB: Shut Down Tata Chemicals Haldia Plant(16.03.2017)

Central Pollution Control Board (CPCB) has directed Tata Chemicals to shut down operations at Haldia fertiliser plant for alleged non-compliance with .....

Tags : CPCB, Tata Chemicals Haldia Plant

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SC: Application Under Order IX Rule 13 CPC Can be Allowed Only When Sufficient Cause(05.03.2021)

Supreme Court has observed application under Order 9 Rule 13 of the Code of Civil Procedure, 1908 cannot be automatically granted and can be allowed o.....

Tags : Supreme Court, Application Under Order IX Rule 13 CPC

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All. HC: Notice Given to Municipality Not Mandatory if it Will Defeat Purpose of Injunction Suit(05.02.2024)

Allahabad High Court has upheld rejection of an application under Order 7 Rule 11 of Code of Civil Procedure, 1908 on grounds that notice under Sectio.....

Tags : Allahabad High Court, Injunction Suit, Order 7 Rule 11 of CPC

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Ker. HC: Second Appeal Under CPC Admissible on Substantial Question of Law & Not on Equitable Grounds(25.01.2024)

Kerala High Court has held that High Court shall admit and hear second appeal under Order XLII Rule 1, 2 read with Section 100 Code of Civil Procedure.....

Tags : Kerala High Court, Section 100 CPC, Order XLII CPC, Second Appeal

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CCI Endorses NCPCR Guidelines in Schools(25.07.2016)

Central Information of India (CCI) has endorsed guidelines laid down by National Commission for Protection of Child Rights (NCPCR), for Eliminating Co.....

Tags : Central Information of India, NCPCR

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MP HC: Provisions of CPC to be Followed in Trial of Election Petitions U/S 122 of MPPRA(06.02.2023)

Madhya Pradesh High Court has held that procedure as laid down under provisions of the CPC for trying the suit is to be followed in cases where electi.....

Tags : Madhya Pradesh High Court, CPC, Election Petition

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Delhi High Court Restrains CPCB from Coercive Action Against DDA Over Rs 1 Cr Fine On It(31.05.2019)

Delhi High Court has restrained the Central Pollution Control Board/CPCB from taking any coercive action against land owning agency DDA pursuant to Rs.....

Tags : Delhi High Court, CPCB

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Cal. HC Summarizes Law Related to Exercise of Discretion for Grant of Interlocutory Injunction(05.12.2022)

Calcutta High Court has summarized the tests and principles that govern the exercise of judicial discretion in respect of grant of interlocutory injun.....

Tags : Calcutta High Court, CPC, Interlocutory Injunction, Judicial Discretion

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Del. HC: Court Can Permit Parties to Join Appln. Seeking Leave to Sue Trust Before Grant of Leave(06.01.2023)

Delhi High Court has held that courts can permit a person to join an application seeking leave to institute a suit against a Trust under Section 92 of.....

Tags : Delhi High Court, Leave to Sue Trust, CPC

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Madras High Court Stays Government Order Cancelling Appointment to TNCPCR(04.03.2022)

Madras High Court has stayed the operation of a Government Order issued on February 23 cancelling a January 18, 2021 G.O., through which a Chairperson.....

Tags : Madras High Court, Appointment to TNCPCR

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SC: S.24 CPC Power can be Invoked by Common HC for Inter-State Transfer of Suits(01.03.2023)

Supreme Court has held that power under section 24 of CPC can be exercised by High Court even for inter-State transfer of a suit if it is common High .....

Tags : Supreme Court, Common High Court, CPC, Transfer

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NGT Issues Notices to UP Govt., CPCB over Illegal Industries in Mathura(07.09.2016)

National Green Tribunal (NGT) has issued notices to UP Government, Central Pollution Control Board (CPCB) and others over a petition seeking direction.....

Tags : National Green Tribunal, CPCB, UP Govt.

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SC: Mere Filing of Appeal Does Not Operate as Stay of Decree Under CPC(30.01.2023)

Supreme Court has held that keeping in view the provisions as contained in Order 41 Rule 5 of CPC, unless the appeal is listed and there is an interim.....

Tags : Supreme Court, CPC, Stay, Appeal

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Delhi HC: In-Camera Proceedings Can be Allowed in Appropriate Cases U/S 151 of CPC(10.02.2023)

Delhi High Court while observing that merely because there is no express provision in CPC regarding in-camera proceedings doesn’t mean that such proce.....

Tags : Delhi High Court, In-Camera, CPC

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SC: Deposit of 25% of Amount by Auction Purchaser Mandatory Under Order XXI Rule 84 CPC(13.02.2023)

Supreme Court while observing that under Order XXI Rule 84 CPC, the deposit of 25% of the amount by the auction purchaser is mandatory, has held that .....

Tags : Supreme Court, CPC, Auction Purchaser

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SC: Provisions of CPC Cannot be Diluted and Objections from Judgment Debtor Required to Draft Deed(09.03.2022)

Supreme Court has observed that the provisions of Order XXI Rule 34 of the Code of Civil Procedure, 1908 cannot be diluted and it has to invite object.....

Tags : Supreme Court, Provisions of CPC Cannot be Diluted

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Maharashtra Promulgates Ordinance to Delete Section 9A of CPC(29.06.2018)

Governor of Maharashtra has promulgated an ordinance deleting Section 9A from CPC in its application to the State.

Tags : Maharashtra, CPC

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Bombay HC Allows Correction in Sale Deed After Thirty-Eight Years(16.03.2023)

Bombay High Court while observing that Court under Section 151 and 152 of CPC has power to rectify errors has allowed corrections to be made in a sale.....

Tags : Bombay High Court, Sale Deed, CPC

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SC: Plaint Must be Rejected if it is Vexatious, Illusory Cause of Action And Barred by Limitation(01.05.2023)

Supreme Court has held that plaint should be rejected under Order VII Rule XI(a) and (d) of CPC if it is vexatious, illusory cause of action and barre.....

Tags : Supreme Court, Plaint, Vexatious, CPC

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SC Suggests Meeting Between DCPCR & MWCD to Discuss 2021 Amendment to JJ Act(28.03.2023)

Supreme Court has suggested that meeting be held between Delhi Commission for Protection of Child Rights (DCPCR) and Ministry of Women and Child Devel.....

Tags : Supreme Court, DCPCR, Juvenile Justice Act, Amendment

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Bombay HC Rejects Plea Challenging Vires of Section 56 of CPC on Arrest of Women(10.11.2016)

Bombay High Court has dismissed a plea seeking scrapping of Section 56 of CPC, which prohibits arrest or detention of women in execution of decree for.....

Tags : Bombay High Court, Section 56, CPC, Constitution

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NGT Directs CPCB to Furnish Report on 51,837 Industries in Delhi(15.11.2018)

National Green Tribunal has directed Central Pollution Control Board (CPCB) to submit action taken report within a month on the status of 51,837 indus.....

Tags : NGT, CPCB, Industries, Delhi

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Application Under Order 2 Rule 2 CPC can’t be Considered by Court U/S 11 Arbitration Act: Delhi HC(16.11.2018)

Delhi High Court has held that courts cannot consider the question of viability of a claim under Order 2 Rule 2 of Code of Civil Procedure, while hear.....

Tags : Delhi High Court, CPC, Arbitration and Conciliation Act, 1996

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P&H HC: Courts Must Be Cautious While Exercising Discretion to Condone Delay in Filing WS(23.05.2022)

Punjab and Haryana High Court has held that the provisions of Order 8 Rule 1 of the CPC are directory in nature, however, the Courts must exercise the.....

Tags : Punjab and Haryana High Court, CPC, Written Statement, Condone Delay

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Calcutta HC: Order 47 Rule 1 CPC Can't Curtail High Court's Power to Pass Orders Ex Debito Justitiae(25.05.2022)

Calcutta High Court has observed that although Order 47 Rule 1 of the CPC imposes a restriction upon parties to approach Court for review of an order .....

Tags : Calcutta High Court, CPC, Ex Debito Justitiae

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Delhi HC: Court Cannot Compel Party to File Documents on Which it didn’t Rely(30.05.2022)

Delhi High Court has held that no court can compel a party to file documents on which the party did not choose to rely, except for certain specific ci.....

Tags : Delhi High Court, CPC, Documents

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JKL HC: Rejection Of Plaint Under Order 7 Rule 11 CPC Can’t be Challenged(25.05.2023)

Jammu and Kashmir and Ladakh High Court has held that provision of Revision under Section 115 CPC cannot be used to challenge an order of Rejection of.....

Tags : Jammu and Kashmir and Ladakh High Court, Order 7 Rule 11, CPC, Revision

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NGT Directs Inspection of Petrol Pumps Across Delhi-NCR(27.01.2016)

National Green Tribunal (NGT) has directed inspection of petrol pumps across Delhi-NCR by a committee comprising officials from Central Pollution Cont.....

Tags : National Green Tribunal, Central Pollution Control Board (CPCB), Ministry of Petroleum and Gas

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Tel. HC: HC has Limited Power in Matter of Granting Permission to Withdraw Appeal(18.07.2024)

Tel. HC has held that the power of High Court in matter of granting permission to withdraw an appeal under Order XXIII Rule 1(3) of CPC is very limite.....

Tags : Telangana High Court, Withdrawal, Order XXII of CPC

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Bom. HC: Issues Which Only Dispose of the Suit Partly, Cannot be Framed by Trial Court(23.07.2024)

Bombay High Court has held that an issue which only partly disposes of a suit cannot be framed by the Trial Court under Section 9 of the Code of Civil.....

Tags : Bombay High Court, S. 9 of CPC, Trial Court

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Raj. HC: Can’t Challenge Successful Transfer Petition Before DC by Filing Another Transfer Petition(25.07.2024)

Rajasthan High Court has held that a successful transfer petition under Section 24, Code of Civil Procedure, 1908 cannot be challenged by filing anoth.....

Tags : Rajasthan High Court, Transfer Petition, S. 24 of CPC

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JKL HC: Purpose of Order 6 Rule 17 of CPC is to Advance Substantial Justice(05.06.2023)

Jammu and Kashmir and Ladakh High Court while observing that Order 6 Rule 17 of CPC exists to ensure that parties involved in legal dispute receive fa.....

Tags : Jammu and Kashmir and Ladakh High Court, CPC, Justice, Pleadings, Amendment

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NGT to CPCB: Close Polluting Units in Critical Areas(17.07.2019)

National Green Tribunal (NGT) has noted that economic development cannot take place at the cost of public health and has directed the Central Pollutio.....

Tags : NGT, CPCB

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HP HC: Res Judicata Applies Only Where Whole Subject Matter in Both Suits is Identical(29.06.2023)

Himachal Pradesh High Court while observing that words "directly and substantially in issue" in Section 10 CPC should be interpreted in contrast to ma.....

Tags : Himachal Pradesh High Court, Res Judicata, CPC

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Mad. HC: Courts Have Power to Grant Maintenance to Muslim Woman Who Has Filed for Divorce(05.09.2024)

Madras High Court has observed that Courts under Section 151 of Code of Civil Procedure, 1908 have the power to grant interim maintenance to a muslim .....

Tags : Madras High Court, S 151 of CPC, Muslim Woman

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SC: NEERI Directed to Classify Non-Polluting Industries with Help of CPCB(09.09.2024)

Supreme Court has directed the National Environmental Engineering Research Institute (NEERI) to take assistance of the Central Pollution Control Board.....

Tags : Supreme Court, NEERI, CPCB

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