Caselaw | Supreme Court Judgements of october 1983

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Mohd. Yunus Vs. Mohd. Mustaqim & Ors [1983] INSC 140 (4 October 1983)

Judgement Date : 04 Oct 1983

Citation : 1983 Latest Caselaw 140 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Limitation Act, 1963

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

On the failure of the judgment-debtor to satisfy the decree passed against him the property in dispute was sold in execution of the decree. The surety made an application under section 151 Code of Civil Procedure, without mentioning the order under which the application was made. The Subordinate...

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K. L. Tripathi Vs. State Bank of India & Ors [1983] INSC 141 (4 October 1983)

Judgement Date : 04 Oct 1983

Citation : 1983 Latest Caselaw 141 SC

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
Union of India Vs. H. C. Goel [1963] INSC 185 (30 August 1963)

Headnote :

On the basis of a complaint made against the appellant, a Branch Manager of the first respondent Bank, the Head Office of the Bank ordered a preliminary inquiry and after considering the report of the preliminary inquiry directed one of its officers to carry out investigation under the rules governi...

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Union of India & ANR Vs. Smt. Shanti Devi [1983] INSC 142 (5 October 1983)

Judgement Date : 05 Oct 1983

Citation : 1983 Latest Caselaw 142 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894
Punjab Reorganisation Act, 1966
Punjab Reorganisation Act, 1966
Punjab Reorganisation Act, 1966

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

Certain lands were notified for acquisition in the years 1962 and 1963 under s.4(1) of the Land Acquisition Act, 1894. On the question of payment of compensation the Land Acquisition Officer, relying on an earlier award in respect of similar lands acquired for the very same public purpose adopted th...

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U.P. State Electricity Board & ANR Vs. The Labour Court (I) U.P., Kanpur & Ors [1983] INSC 143 (6 October 1983)

Judgement Date : 06 Oct 1983

Citation : 1983 Latest Caselaw 143 SC

Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Industrial Employment (Standing Orders) Act, 1946

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The respondent-workman entered service as a coolie in 1945 under the Kanpur Electricity Supply Corporation Limited. When the time the company had no rules as to the age of retirement for its employees and therefore his date of birth was not entered in the service card. When the Corporation was natio...

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Ram Sarup Vs. Union of India & Ors [1983] INSC 144 (6 October 1983)

Judgement Date : 06 Oct 1983

Citation : 1983 Latest Caselaw 144 SC

Code of Civil Procedure, 1908 (CPC)

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The appellant filed a suit as an indigent person in the Subordinate Court questioning the validity of an order dismissing him from service. The said suit was dismissed after contest. He filed an appeal in the High Court as a pauper along with an application under Rule 1 of order 44 Code of Civil Pro...

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Workmen of The Bharat Petroleum Corporation Ltd. (Refiningd Vs. Bharat Petroleum Corporation Ltd. & ANR [1983] INSC 145 (6 October 1983)

Judgement Date : 06 Oct 1983

Citation : 1983 Latest Caselaw 145 SC

Industrial Disputes Act, 1947

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

An industrial dispute with regard to the raising of the age of retirement of the clerical staff employed in the Refinery Division of the respondent oil Company at Bombay from 55 to 60 years was referred to the Industrial Tribunal. The workmen contended that there was a trend in the Bombay region...

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Glaxo Laboratories Vs. The Presiding Officer, Labour Court Meerut & Ors [1983] INSC 146 (6 October 1983)

Judgement Date : 06 Oct 1983

Citation : 1983 Latest Caselaw 146 SC

Industrial Disputes Act, 1947

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
Mahendra Singh Dhantwal Vs. Hindustan Motors Ltd. & Ors [1976] INSC 149 (7 May 1976)

Headnote :

The appellant-company chargesheeted the second respondent and some of his striking co-workmen for violation of cls. 10,16 and 30 of Standing Order 22 on the allegation that they had boarded a bus carrying `loyal workmen' and manhandled them at different places during the journey. Clause 10 of...

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Union of India & Ors Vs. Bombay Tyre International Ltd. [1983] INSC 147 (7 October 1983)

Judgement Date : 07 Oct 1983

Citation : 1983 Latest Caselaw 147 SC

Central Excises and Salt Act, 1944
Constitution of India
Government of India Act, 1935
Punjab Urban Immovable Property Tax Act, 1940

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

Sub-sec. (1) of sec. 3 of the Central Excises and Salt Act, 1944 provided that duties of excise shall be levied and collected on all excisable goods, other than salt which were produced or manufactured in India at the rates set-forth in the First Schedule. Sub-sec. (2) of sec. 3 empowered the Centra...

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Raisuddin @ Babu Tamchi Vs. State of Uttar Pradesh & ANR [1983] INSC 148 (7 October 1983)

Judgement Date : 07 Oct 1983

Citation : 1983 Latest Caselaw 148 SC

National Security Act, 1980

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The petitioner who was detained by an order passed under sec. 3 (3) of the National Security Act, 1980 challenged the validity of his detention on the ground that there had been inordinate delay on the part of the detaining authority in forwarding the petitioner's representation to the State Gov...

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The New Theaters (Carnatic Talkies) Ltd., Coimbatore. Vs. N. Vajrapani Naidu [1983] INSC 149 (7 October 1983)

Judgement Date : 07 Oct 1983

Citation : 1983 Latest Caselaw 149 SC

Madras City Tenants Protection Act, 1921
Presidency Small Cause Courts Act, 1882
Presidency Small Cause Courts Act, 1882
Presidency Small Cause Courts Act, 1882

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The respondent and his mother granted a lease in respect of an open site of land for a period of 20 years in favour of a person, who constructed a theatre thereon and who later assigned his rights to the appellant and the appellant was accepted as a tenant by the respondent. The respondent subsequen...

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Kamlakar Prasad Chaturvedi Vs. State of M. P. & ANR [1983] INSC 150 (7 October 1983)

Judgement Date : 07 Oct 1983

Citation : 1983 Latest Caselaw 150 SC

National Security Act, 1980

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
Rekhaben Virendra Kapadia Vs. State of Gujarat & Ors [1978] INSC 224 (7 November 1978)

Headnote :

The petitioner who was detained under sec. 3(2) of the National Security Act, 1980, was conveyed seven grounds of detention by the Detaining Authority. The first two grounds related to the incidents that occurred more than 5 years and about 3 years respectively prior to the date of the order of dete...

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Krishna Priya Ganguly Vs. University of Lucknow & Ors [1983] INSC 151 (7 October 1983)

Judgement Date : 07 Oct 1983

Citation : 1983 Latest Caselaw 151 SC

Indian Medical Council Act, 1956

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

This batch of appeals arose out of admissions sought by several candidates to post-graduate courses in the Medical Colleges of Uttar Pradesh. While in some of them the candidates were the appellants and the State the respondent, in others it was vice versa. By an order dated 3-12-1980 the State Gove...

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Shiv Chand Amolak Chand Vs. Regional Transport Authority & ANR [1983] INSC 152 (7 October 1983)

Judgement Date : 07 Oct 1983

Citation : 1983 Latest Caselaw 152 SC

Gwalior
Motor Vehicles Act, 1939

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The appellants held stage carriage permit granted to them by the Regional Transport Authority for the route Dabra-Karera Via Lodi Mato-extended upto Gwalior. On 22-6- 1978, this route for which the permit was held by the appellants was modified, at their own request, by deleting the portion of the r...

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Pandurang Dattatreya Khandekar Vs. The Bar Council of Maharashtra, Bombay & Ors [1983] INSC 153 (10 October 1983)

Judgement Date : 10 Oct 1983

Citation : 1983 Latest Caselaw 153 SC

Advocates Act, 1961
Hindu Marriage Act, 1955

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The appellant and another advocate were found guilty of professional misconduct by the Disciplinary Committee of the Bar Council of India by its order dated April 23, 1976. The gravamen of the charge against them related to the giving of improper legal advice on two specific counts. The Disciplinary...

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B.S. Minhas Vs. Indian Statistical Institute & Ors [1983] INSC 154 (19 October 1983)

Judgement Date : 19 Oct 1983

Citation : 1983 Latest Caselaw 154 SC

Constitution of India

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The Indian Statistical Institute was registered under the Societies Registration Act, and governed by the Indian Statistical Institute Act, 1959. Its control completely vested in the Union of India, respondent no. 5 in the appeal. The Institute had been declared as an 'Institute of National Impo...

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Acharya Jagdishwaranand Avadhuta, Vs. Commissioner of Police, Calcutta & ANR [1983] INSC 155 (20 October 1983)

Judgement Date : 20 Oct 1983

Citation : 1983 Latest Caselaw 155 SC

Constitution of India
CrPC Section 454. Appeal against orders under section 452 or section 453

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
Babulal Parate Vs. State of Maharashtra & Ors [1961] INSC 10 (12 January 1961)

Headnote :

Respondent No. 1 was alleged to have been making repetitive orders under s.144 of the Code of Criminal Procedure, 1973 from August 1979 directing that no member of a procession or assembly of five or more persons should carry any fire arms, explosives, swords, spears, knives, tridents, lathis or any...

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M/S Punjab Tin Supply Co., Chandigarh Vs. The Central Government & Ors [1983] INSC 156 (20 October 1983)

Judgement Date : 20 Oct 1983

Citation : 1983 Latest Caselaw 156 SC

Constitution of India
East Punjab Urban Rent Restriction Act, 1949

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

By enacting the East Punjab Urban Rent Restriction Act (Extension to Chandigarh) Act, 1974 the Parliament brought into force with effect from November 4, 1972, the East Punjab Urban Rent Restriction Act, 1949 which was in force in the former State of Punjab with the modifications set out in its sche...

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Commissioner of Wealth Tax, Madras Vs. K. S. N. Bhatt [1983] INSC 157 (21 October 1983)

Judgement Date : 21 Oct 1983

Citation : 1983 Latest Caselaw 157 SC

Income Tax Act, 1961
Wealth Tax Act, 1957

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

In assessment proceedings under the Wealth Tax Act for four assessment years the assessee claimed a deduction in the computation of his net wealth on account of income tax, wealth tax and gift tax liabilities. The Wealth Tax Officer allowed only part of the deductions claimed The appeal of the asses...

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Commissioner of Wealth Tax, Gujarat, Ahmedabad Vs. Vadilal Lallubhai [1983] INSC 158 (21 October 1983)

Judgement Date : 21 Oct 1983

Citation : 1983 Latest Caselaw 158 SC

Wealth Tax Act, 1957

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The assessee while computing his net wealth claimed a deduction in respect of debts which included amounts representing estimated liabilities on account of income tax, wealth tax and gift tax. The Wealth Tax Officer rejected the claim on the ground that as those liabilities were claimed on the basis...

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Commissioner of Wealth Tax, Gujarat Vs. Vimlabeen Vadilal Mehta [1983] INSC 159 (21 October 1983)

Judgement Date : 21 Oct 1983

Citation : 1983 Latest Caselaw 159 SC

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

During the course of the hearing of an appeal against an assessment order made under the Wealth Tax Act for the assessment year 1964-65, the respondent who was the assessee, claimed deduction of an amount in the computation of net wealth which inter alia included the income tax and wealth tax liabil...

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Sher Singh & Ors Vs. Union of India & Ors [1983] INSC 160 (21 October 1983)

Judgement Date : 21 Oct 1983

Citation : 1983 Latest Caselaw 160 SC

Constitution of India
Motor Vehicles Act, 1939
Road Transport Corporations Act, 1950

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The petitioner in the Special Leave Petition was the holder of a Stage carriage permit on an inter-State route He held several permits for operation of the said route and as the period prescribed for a few of them had expired, he applied for renewal under section 58 of the Motor Vehicles Act, 1939 t...

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Soundararaj Vs. Devasahayam & Ors [1983] INSC 161 (24 October 1983)

Judgement Date : 24 Oct 1983

Citation : 1983 Latest Caselaw 161 SC

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The appellant filed a suit in the District Munsiffs' Court for demarcating the boundaries of his property from that of the respondents and for a mandatory injunction directing the respondents to remove the eaves protruding on the northern side by reason of which the 'eaves' water was fal...

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Forasol Vs. Oil & Natural Gas Commission [1983] INSC 162 (25 October 1983)

Judgement Date : 25 Oct 1983

Citation : 1983 Latest Caselaw 162 SC

Code of Civil Procedure, 1908 (CPC)

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

Forasol, a French Company having its principal office in Paris, France, entered into a contract on February 17, 1964 with Oil and Natural Gas Commission (ONGC), a Government of India undertaking, for carrying out structural drilling in relation to the exploration for oil in India. Article IX-3 of...

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Charanji Lal Vs. State of Punjab [1983] INSC 163 (25 October 1983)

Judgement Date : 25 Oct 1983

Citation : 1983 Latest Caselaw 163 SC

Prevention of Food Adulteration Act, 1954
Prevention Of Food Adulteration Act, 1954

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

Interpretation of statute-Rule of-Words used by legislature do not always bear a plain meaning. Words and phrases-Damage-Meaning of. A Food Inspector took a sample of kutcha khoya from the shop of the appellant and after dividing it into three equal parts and sealing them, sent one part to the pu...

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Principal, King George's Medical College Lucknow Vs. Dr. Vishan Kumar Agarwal & ANR [1983] INSC 164 (25 October 1983)

Judgement Date : 25 Oct 1983

Citation : 1983 Latest Caselaw 164 SC

Constitution of India

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The Respondent Dr. Vishan Kumar Agarwal passed the M.B.B.S. Examination of the Lucknow University in July 1971, completed his one Year's rotating compulsory internship and got his name registered as a medical graduate by the State Medical Council. In August 1972 he was appointed as a Medical Off...

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Motor General Traders & ANR Vs. State of Andhra Pradesh & Ors [1983] INSC 165 (26 October 1983)

Judgement Date : 26 Oct 1983

Citation : 1983 Latest Caselaw 165 SC

Andhra Pradesh Buildings (Lease, Rent And Eviction) Control Act, 1960
Andhra State Act, 1953
Code of Civil Procedure, 1908 (CPC)
Constitution of India
Gwalior
States Reorganisation Act, 1956

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

On October 1, 1953 the State of Andhra came into existence. The Madras Buildings (Lease, Rent and Eviction) Control Act, 1949 continued to be in operation in the State. The area known as Telengana was merged with Andhra and the new State of Andhra Pradesh came into existence on November 1,1956. T...

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Chandrika Jha Vs. State of Bihar & Ors [1983] INSC 166 (27 October 1983)

Judgement Date : 27 Oct 1983

Citation : 1983 Latest Caselaw 166 SC

Constitution of India

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

Bye-law 29 of the Bihar Co-operative Society Rules, 1959 provided that the management of a Co-operative Bank shall vest in the Board of Directors, and that the first Board of Directors shall be nominated by the Registrar for a period not exceeding one year at a time and not exceeding three Co-operat...

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Dr. P. Nalla Thamby Thera Vs. Union of India & Ors [1983] INSC 167 (28 October 1983)

Judgement Date : 28 Oct 1983

Citation : 1983 Latest Caselaw 167 SC

Motor Vehicles Act, 1939

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

Disposing off the petition, making certain observations and expressing its inability to issue any directions, except awarding costs, the Court.

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Dr. P. Nalla Thampy Thera. Vs. B.L. Shanker & Ors [1983] INSC 168 (28 October 1983)

Judgement Date : 28 Oct 1983

Citation : 1983 Latest Caselaw 168 SC

Code of Civil Procedure, 1908 (CPC)
Representation of the People Act, 1951

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
Dhoom Singh Vs. Prakash Chandra Sethi & Ors [1975] INSC 41 (20 February 1975)
Charan Lal Sahu Vs. Nandkishore Bhatt & Ors [1973] INSC 126 (1 August 1973)
Inamati Mallappa Basappa Vs. Desai Basavaraj Ayyappa & Ors [1958] INSC 45 (22 April 1958)
Jagan Nath Vs. Jaswant Singh & Ors [1954] INSC (20 January 1954)

Headnote :

Respondent No. 2 who was one of 28 candidates participating in an election to a Lok Subha seat was declared elected. One of the contenders, (Respondent No. 1) filed an Election Petition for setting aside the election of Respondent No. 2, under section 100 (1) (b) of the Representation of the People...

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Viklad Coal Merchant, Patiala, Vs. Union of India & Ors [1983] INSC 169 (28 October 1983)

Judgement Date : 28 Oct 1983

Citation : 1983 Latest Caselaw 169 SC

Constitution of India

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

Section 27 of the Indian Railways Act, 1890 cast a duty on the railway administration to arrange for receiving and forwarding traffic without unreasonable delay and without partiality. Section 28 prohibited the railway administration from giving undue or unreasonable preference or advantage to any p...

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Babaji Kondaji Garad Vs. The Nasik Merchants Co-Operative Bank Ltd., Nasik & Ors [1983] INSC 170 (31 October 1983)

Judgement Date : 31 Oct 1983

Citation : 1983 Latest Caselaw 170 SC

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

On expiry of the term of the committee known as Board of Directors of a specified society under the Maharashtra Cooperative Societies Act, 1960 the Collector notified the election programme without specifying that the two seats on the committee would be reserved seats; one for the members belonging...

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State of Tamil Nadu, Etc, Vs. L. Abu Kavur Bai & Ors [1983] INSC 171 (31 October 1983)

Judgement Date : 31 Oct 1983

Citation : 1983 Latest Caselaw 171 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 21. Public Servant

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
Akadasi Padhan Vs. State of Orissa [1962]347 (5 December 1962)

Headnote :

The transport industry can be nationalised by two methods: (i) where the Government acts under Chapter IV-A, (section 68 (b) and (c) of the Motor Vehicles Act 1939), after formulating the scheme for taking over a route or routes, and (ii) the more effective method, to take over the running of the en...

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