{"id":337752,"date":"2024-12-22T12:00:45","date_gmt":"2024-12-22T06:30:45","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=337752"},"modified":"2024-12-22T12:23:42","modified_gmt":"2024-12-22T06:53:42","slug":"high-court-weekly-roundup-december-2024","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2024\/12\/22\/high-court-weekly-roundup-december-2024\/","title":{"rendered":"HIGH COURT DECEMBER 2024 WEEKLY ROUNDUP | Stories on Atul Subhash Suicide Case; Late MM Lawrence; Thanjavur Schoolgirl Suicide; MK Nasar\u2019s release; and more"},"content":{"rendered":"
\n

ANTICIPATORY BAIL<\/p>\n

ALLAHABAD HIGH COURT<\/span> | Anticipatory bail granted to wife’s uncle in Atul Subhash suicide case<\/p>\n

In a Transit Anticipatory Bail Application at the instance of the Wife (Nikita Singhania), Mother-in-Law, Brother-in-Law and Uncle-in-Law of the deceased for offences under Sections 108<\/a>, 3(5)<\/a> of the Bharatiya Nyaya Sanhita<\/a> for a period of six weeks on such condition as may be imposed by this Court Ashutosh Srivastava, J. Granted 4 week transit anticipatory bail to the accused 4, and said that there is no fetter on the part of the High Court in granting a transit anticipatory bail to enable the accused to approach the Courts including High Courts where the offence is alleged to have been committed, and the case is registered. Read more HERE<\/a><\/span><\/p>\n

CITIZENS, MIGRANTS AND ALIENS<\/p>\n

MADHYA PRADESH HIGH COURT<\/span> | Status quo ordered on Nawab of Bhopal’s Property declared as ‘Enemy Property’; Pataudi family directed to approach authority<\/p>\n

In a writ petition challenging the government’s decision declaring the Nawab of Bhopal’s properties as enemy property under the Enemy Property Act, 1968<\/a>, due to the movement of Princess Abida Sultan to Pakistan, a single-judge bench of Vivek Agarwal, J., issued the interim relief to the petitioners by maintaining the status quo while directing them to pursue the statutory remedy before the appellant authority. Read more HERE<\/a><\/span><\/p>\n

COMPENSATION<\/p>\n

MADHYA PRADESH HIGH COURT<\/span> | NGT directed to scrutinise compensation claims in Firecracker Factory Explosion case<\/p>\n

In a writ petition filed by the owner of firecracker factory, where a tragic explosion led to multiple fatalities, injuries, and property damage; challenging various orders issued by the National Green Tribunal (NGT) and the District Collector, a Division Bench of Sanjeev Sachdeva and Vinay Saraf,* JJ., refused to quash the impugned orders at this stage, but granted the petitioners liberty to approach NGT for reconsideration. The Court directed the NGT to scrutinize compensation claims and ensure appropriate classification of victims. Read more HERE<\/a><\/span><\/p>\n

CUSTODY<\/p>\n

KERALA HIGH COURT<\/span> | ‘Misogynistic, sexist, archaic’: Family Court order which denied custody to mother stating she is of loose morals quashed, several flaws cited<\/p>\n

In a matrimonial appeal filed against the judgment of the Family Court denying the mother custody of her children, the Division Bench of Devan Ramachandran* and M.B. Snehalatha, JJ., held that the findings of the Family Court not only perpetuate the notions of gender roles and patriarchy but also do not subscribe to the facts and evidence. Noting several flaws in the findings and decision of the Family Court, the Court set aside the impugned judgment and granted custody of the children to the mother. Read more HERE<\/a><\/span><\/p>\n

DEFAMATION<\/p>\n

KERALA HIGH COURT<\/span> | Defamation proceedings against Ex-MP Sebastian Paul for comparing lawyers to street dogs, quashed<\/p>\n

In a petition filed by Sebastian Paul, former MP and lawyer-cum-journalist, for quashing defamation proceedings pending against him due to a speech he made about lawyers in 2016, the Single Judge Bench of G. Girish, J. held that Sebastian, who is a lawyer himself, did not denigrate the entire lawyer community but instead criticized certain lawyers who were behaving violently in their dispute with journalists. Holding this, the Court quashed the proceedings. Read more HERE<\/a><\/span><\/p>\n

DELAY\/ LATCHES<\/p>\n

RAJASTHAN HIGH COURT<\/span> | State rebuked for 16-yrs delay in completing AIIMS Jodhpur Trauma Centre; Mulled over imposition of ₹50 Crore cost<\/p>\n

In a civil writ petition addressing delays and deficiencies in healthcare services and infrastructure development of AIIMS Jodhpur, a Division Bench of Munnuri Laxman and Dr. Pushpendra Singh Bhati, JJ., expressed shock over the 16-year delay in shifting high-tension lines and considered imposing a ₹50 crore cost on the State of Rajasthan for gross negligence. Read more HERE<\/a><\/span><\/p>\n

EXAMINATION OF WITNESS<\/p>\n

KERALA HIGH COURT<\/span> | ‘Frivolous application filed for delaying disposal’; Rejected Actor Sunil’s plea to recall two expert witnesses for cross examination in 2017 actor assault case<\/p>\n

In a petition filed by actor Sunil N.S. for setting aside the impugned order wherein the Trial Court rejected his application seeking the recall of two witnesses who were examined in 2021, the Single Judge Bench of C. Jayachandran, J. delved into the provision of recalling witnesses under Sections 233 and 311 CrPC as well as the findings of the Trial Court and concurred with the Trial Court. Holding this, the Court rejected the petition stating that the application for recall is frivolous. Read more HERE<\/a><\/span><\/p>\n

FEMA<\/p>\n

DELHI HIGH COURT<\/span> | ED’s NOC rejection for Times Internet Limited and Bennett Coleman overseas investments, quashed<\/p>\n

A petition was filed by two petitioners Times Internet Limited (petitioner 1) a subsidiary of Bennet Coleman & Co. Ltd (petitioner 2) challenging an order passed by Enforcement Directorate under Rule 10 of the Foreign Exchange Management (Overseas Investment) Rules, 2022 rejecting request for a No Objection Certificate (NOC), a critical requirement to remit funds to these WOS in the form of overseas direct investments. Sanjeev Narula, J., quashed the impugned rejection letters and held that both the petitioners are free to approach the Authorised Dealer for remittance of investment abroad. Read more HERE<\/a><\/span><\/p>\n

HUMAN AND CIVIL RIGHTS<\/p>\n

JHARKHAND HIGH COURT<\/span> | Monthly medical camps directed to be conducted for elderly prisoners\/inmates to provide necessary medical aid<\/p>\n

In an interlocutory application filed for provisionally suspending the sentence of the appellant, by passing an ad interim order during pendency of the appeal, the Division Bench of Sujit Narayan Prasad and Navneet Kaur, JJ., directed the Jail Superintendent, Garhwa to get the appellant examined in either of the Hospital, i.e., Sadar Hospital, Garhwa or Sadar Hospital, Palamau in the eye ward and as per the advice of the doctor, the left eye of the appellant would be operated upon. Further, the Court directed the Chairman, District legal Services Authority (‘DLSA’); Vice-Chairman, DLSA and Secretary, DLSA to launch a campaign by conducting the medical camp on monthly basis. The day when the legal camps were being organized, as per the requirement, medical examinations and all necessary medical aid would be provided to such inmates. Read more HERE<\/a><\/span><\/p>\n

BOMBAY HIGH COURT<\/span> | ‘No law prevents them to lead a life of their own choice’; Two adults belonging to different religions permitted to be in live-in relationship<\/p>\n

The present writ petition was filed by petitioner with a prayer for issuance of writ of habeas corpus or any other appropriate writ, order, or direction commanding respondents to produce ‘A’ before this Court and set her at liberty. Further, a declaration was sought that detention of ‘A’ in Shaskriya Stree Bhishekari Khikar Kendra, a Government Women Centre, at Chembur, Mumbai was unlawful, and she should be permitted to reside at a place of her choice. Petitioner also sought adequate police protection for himself and ‘A’, ensuring their safety against any threats or interference from respondents or the members of public and ensure solemnization of their marriage in accordance with law as and when they fit proper, free from any coercion or obstruction. The Division Bench of Bharati Dangre* and Manjusha Deshpande, JJ., after considering that petitioner and ‘A’, being two adults, had consensually chosen each other as their partners by making a conscious choice of living in a ‘live in relationship’ and since no law prevented them to lead life of their own choice, direct the release of ‘A’ from the custody of Shaskriya Stree Bhishekari Khikar Kendra. Read more HERE<\/a><\/span><\/p>\n

INTELLECTUAL PROPERTY RIGHTS<\/p>\n

MADRAS HIGH COURT<\/span> | [THINKBOOK v THINBOOK] Lenovo’s THINK family of marks declared distinctive; Directed removal of infringing ‘THINBOOK’ Mark<\/p>\n

In an appeal filed by leading Laptop manufacturers in the world, Lenovo (Singapore) under Section 57<\/a> of the Trade Marks Act, 1999<\/a>, (‘the Act’) seeking to rectify, cancel and remove the entry relating to the impugned mark ‘THINBOOK’ in Class 9 made in the name of RPD Workstations , from the Register of Trade marks, Abdul Quddhose, J. concluded that Lenovo is exclusive proprietor of THINK Family of Marks, for which, trade mark registrations have already been obtained both in India as well as in Abroad; that Lenovo has acquired distinctiveness for its THINK Family of Marks by its long and continuous usage; and that the mark ‘THINBOOK’ is deceptively and phonetically similar to that of the Lenovo’s THINK Family of Marks. Thus, while allowing the petition under Section 57 of the Act, the Court, directed the Trade mark Registry to cancel the impugned mark ‘THINBOOK’ in Class 9 from the Register of Trade marks, within a period of four weeks from the date of receipt of a copy of this order. Read more HERE<\/a><\/span><\/p>\n

DELHI HIGH COURT<\/span> | Interim protection granted to Moti Mahal, temporarily restrains its ex-franchisee from using Moti Mahal’s registered trade marks<\/p>\n

In a suit filed by the plaintiffs seeking permanent and mandatory injunction for infringement and passing off registered trade marks and copyright, a Single Judge Bench of Mini Pushkarna, J., stated that the plaintiffs had demonstrated a prima facie case for grant of injunction and, in case, no ex parte ad interim injunction was granted, the plaintiffs would suffer an irreparable loss. Further, balance of convenience was also in favour of the plaintiffs, and against the defendants. Thus, the Court restrained Defendant 1, from using the impugned marks ‘MOTI MAHAL’, ‘MOTI MAHAL DELUX’ and ‘MOTI MAHAL DELUX TANDOORI TRAIL\/ or any other mark deceptively and\/or confusingly similar and\/or identical\/virtually identical to the plaintiffs’ trade marks. Read more HERE<\/a><\/span><\/p>\n

MEDICAL JURISPRUDENCE<\/p>\n

KERALA HIGH COURT<\/span> | Appeal for Late CPI(M) leader M.M. Lawrence’s religious burial rejected; Body donation to medical college upheld<\/p>\n

In a set of two writ appeals filed by Asha Lawrence and Sujatha Boban, daughters of Communist Party of India (Marxist) politician late MM Lawrence, against the impugned order of the Single Judge wherein their challenge against donation of their father’s body to the Government Medical College was rejected, the Division Bench of Nitin Jamdar, CJ. and S. Manu*, J. upheld the impugned order stating that there was no perversity in the decision of the College which the impugned order has approved of. The Court stated that MM Lawrence was indisputably being taken care of by his son in the last stages of his life, who honoured the last wish of the deceased to have his body be donated to science. Read more HERE<\/a><\/span><\/p>\n

POCSO<\/p>\n

MADHYA PRADESH HIGH COURT<\/span> | Suo Moto action taken on compliance, awareness and monitoring of POCSO Act provisions<\/p>\n

While hearing criminal appeals against convictions under the Protection of Children from Sexual Offences Act, 2012<\/a> (POCSO Act), a Division Bench of Suresh Kumar Kait, CJ., and Vivek Rusia, J., noted a significant increase in cases of sexual assault and harassment involving children under the age of 18 years. The Court directed the registry to register a suo moto writ petition to investigate compliance with Sections 43 and 44 of the POCSO Act and issued notices to the following respondents to file replies within four weeks. Read more HERE<\/a><\/span><\/p>\n

PRACTICE AND PROCEDURE<\/p>\n

GAUHATI HIGH COURT<\/span> | DGP Assam asked to issue directions to police stations to not register cases under S.106(2) BNS 2023 as provision has not come into force yet<\/p>\n

In a PIL filed before this Court, wherein petitioner challenged the validity of Section 106(2)<\/a> of the Nyaya Sanhita, 2023<\/a> (‘BNS’), the Division Bench of Vijay Bishnoi*, CJ., and Kaushik Goswami, J., disposed of the PIL and stated that the Director General of Police, Assam (‘DGP, Assam’), should issue necessary directions to the police stations under his jurisdiction to not register any case under Section 106(2) of BNS as the said provision had not come into force till date. Read more HERE<\/a><\/span><\/p>\n

KERALA HIGH COURT<\/span> | ‘No law fixes responsibility on officers to verify age of arrestees’: Directions issued to prevent mistaken trial of juveniles as adults<\/p>\n

In an application filed under Section 362<\/a> of the Code of Criminal Procedure<\/a> (‘CrPC’) by the convicts to recall the impugned judgment wherein the appeal against conviction filed by the convicts was dismissed, the Division Bench of Raja Vijayaraghavan V. and G. Girish*, JJ., rebuked the authorities and judiciary for not ensuring that the convicts were majors during their trial and directed their immediate release. However, noting that there is no law which makes investigating agencies liable for verifying age of the arrestees, the Court issued detailed directions for the same. Read more HERE<\/a><\/span><\/p>\n

PUBLIC ACCOUNTABILITY, VIGILANCE AND PREVENTION OF CORRUPTION<\/p>\n

KERALA HIGH COURT<\/span> | Charitable Society Members running Nazareth Pharmacy College held to be ‘public servants’ under Prevention of Corruption Act, 1988<\/a><\/p>\n

In a writ petition seeking inquiry into misappropriation and corruption allegations in the Nazareth Pharmacy College (‘the College’) based in Kerala, a Single Judge Bench of K. Babu, J., held that the accused members of the charitable society who were the final authority with regard to the grant of admission, collection of fees, etc. in the College (‘accused persons’) fell under the ambit of ‘public servants’ as defined under the Prevention of Corruption Act, 1988<\/a> (‘the PC Act’). It was also held that the alleged acts do not come under the ambit of Section 17-A of the PC Act as they were not relatable to any recommendations made or decisions taken by a public servant in the discharge of his official functions or duties. Read more HERE<\/a><\/span><\/p>\n

QUASHMENT OF PROCEEDINGS<\/p>\n

BOMBAY HIGH COURT<\/span> | FIR refused to be quashed against two people who allegedly slapped a Member of Parliament belonging to Scheduled Caste<\/p>\n

Petitioners approached this Court for quashing the FIR registered at Dadar police station on 17-07-2024 under Sections 3(1)(r)<\/a> and 3(1)(s)<\/a> of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989<\/a> (‘the SC & ST Act’) and under Sections 115(2)<\/a>, 3(5)<\/a> and 356<\/a> of the Nyaya Sanhita, 2023<\/a>. The Division Bench of Sarang V. Kotwal and Dr. Neela Gokhale, JJ., opined that there was no justification for slapping a member of parliament belonging to a scheduled caste, in public view and uttering derogatory words. The Court thus held that no case was made out for quashing the FIR. Read more HERE<\/a><\/span><\/p>\n

KERALA HIGH COURT<\/span> | Rivalry between parties can’t override prima facie evidence of overt acts captured on CCTV: POCSO case refused to be quashed<\/p>\n

In a petition filed by the petitioner seeking to quash an FIR filed under Section 509<\/a> of the Penal Code, 1860<\/a> (IPC) and Section 12<\/a> read with 11(i)<\/a> of the Protection of Children from Sexual Offences Act, 2012<\/a> (POCSO), A. Badharudeen, J., dismissed the petition and held that despite the rivalry between the parties, the prosecution has prima facie established the case as the CCTV footage shows the overt acts of the accused against the victim. Read more HERE<\/a><\/span><\/p>\n

MADRAS HIGH COURT<\/span> | Abetment case against Hostel warden in Thanjavur Schoolgirl Suicide case refused to be quashed<\/p>\n

In a petition filed under Section 528<\/a> of Bharatiya Nagarik Suraksha Sanhita, 2023<\/a> (‘BNSS’), against the impugned chargesheet and the proceedings arising therefrom and quash the same as illegal, G.Ilangovan, J. refused to quash the chargesheet filed against Sister Sagaya Mary, the hostel warden of St. Michael’s Girls Hostel, attached to Sacred Heart Higher Secondary School in Thanjavur, for allegedly abetting the suicide of a 12th standard student. Despite the defense’s request to dismiss the charges, the Court found that sufficient grounds existed for the charges to be investigated further and refused to intervene at this stage of the proceedings. Read more HERE<\/a><\/span><\/p>\n

SERVICE LAW<\/p>\n

KERALA HIGH COURT<\/span> | Government servant entitled to full pay and allowances during suspension until the conclusion of disciplinary proceedings<\/p>\n

In an appeal against the order of the Kerala Administrative Tribunal (‘KAT’) stating that the respondent is entitled to the pay and allowances for the period of suspension, the Division Bench of A. Muhamed Mustaque* and P. Krishna Kumar, JJ. while upholding the impugned order, held that a government servant would be entitled to full pay and allowances if there were no valid reasons for keeping him under suspension until the conclusion of disciplinary proceedings. Read more HERE<\/a><\/span><\/p>\n

DELHI HIGH COURT<\/span> | Compulsory retirement of Class IV employee of Khalsa Girls School quashed due to procedural lapses and violation of natural justice<\/p>\n

A petition was filed under Articles 226 and 227 challenging the impugned judgment of the Delhi School Tribunal (‘DST’) dated 18-05-2017 as well as the order of Respondent 3 School dated 24-05-2014 imposing the penalty of compulsory retirement, with consequential benefits. Jyoti Singh, J., quashed the impugned judgment, charge memo, inquiry proceedings, and penalty order, citing procedural lapses, unsupported findings, and a lack of independent application of mind by the disciplinary committee. Read more HERE<\/a><\/span><\/p>\n

GUJARAT HIGH COURT<\/span> | Candidate who was denied selection for constable due to tattoo removal scar granted relief<\/p>\n

In a special civil application by a candidate who was disqualified from being selected as a Constable for having a tattoo on his right arm\/ saluting arm, Nirzar Desai, J. granted interim relief to the petitioner considering that he had removed the tattoo even before the recruitment process commenced and that getting a scar from removal process was not under his control. Read more HERE<\/a><\/span><\/p>\n

SEXUAL HARASSMENT<\/p>\n

KERALA HIGH COURT<\/span> | Nodal Officer’s jurisdiction expanded to receive & forward complaints of Malayalam film industry victims who were not presented before Justice Hema Committee<\/p>\n

In the ongoing case concerning the mistreatment and sexual abuse of women in the Malayalam film industry, the Division Bench of Dr. A.K. Jayasankaran Nambiar* and C.S. Sudha, JJ. directed the Nodal Officer appointed by the Special Investigation Team (‘SIT’) to receive complaints from those aggrieved persons who did not approach the Justice Hema Kohli Committee and forward them to the SIT for investigation. Read more HERE<\/a><\/span><\/p>\n

SUSPENSION OF SENTENCE<\/p>\n

KERALA HIGH COURT<\/span> | MK Nasar’s life sentence in 2010 Prof. TJ Joseph’s hand-chopping case, suspended<\/p>\n

In a suspension of sentence application filed by MK Nasar, the master conspirator of the 2010 hand-chopping case, the Division Bench of Raja Vijayaraghavan V.* and P.V. Balakrishnan, JJ., held that it was a fit case for suspension of sentence under Section 389<\/a> of the Code of Criminal Procedure, 1973<\/a> (‘CrPC’) since he already served 9 years, similarly placed accused have been released after serving or received shorter sentences, and the appeal is not likely to be heard in the near future. Read more HERE<\/a><\/span><\/p>\n

DELHI HIGH COURT<\/span> | ‘Period of sentence undergone ‘substantial’; Sentence of POCSO accused, suspended<\/p>\n

In a criminal application filed to seek the suspension of sentence during the pendency of appeal by the applicant (accused) who was sentenced to rigorous imprisonment for offences under the Indian Penal Code, 1860<\/a> (‘IPC’) and the Protection of Children from Sexual Offences Act, 2012<\/a> (‘POCSO’), a Single Judge Bench of Anish Dayal, J. noted that the appellant had undergone a substantial period of sentence and directed his sentence to be suspended. Read more HERE<\/a><\/span><\/p>\n

TERMINATION OF PREGNANCY<\/p>\n

CHHATTISGARH HIGH COURT<\/span> | 17-year-old minor rape victim suffering from sickle cell anaemia allowed to terminate her 20 weeks pregnancy<\/p>\n

In a petition filed by a seventeen-year-old petitioner (‘victim’) through her mother, seeking to terminate the ongoing pregnancy of the minor victim, Naresh Kumar Chandravanshi, J., after considering that the victim’s father was no more and mother was said to be a housewife, stated that it could be supposed that she belonged to poor financial strata. In such circumstances, if the victim was permitted to undergo entire process of pregnancy, then it could lead to great physical, mental and psychological effect, not only on the victim, but also so far as the foetus was concerned. The Court stated that the victim of rape herself carries stigma in her life. If she was not permitted to terminate her pregnancy, which was the result of rape, then it would be against her liberty and right to decide regarding her pregnancy. Thus, the Court allowed the victim to terminate her pregnancy. Read more HERE<\/a><\/span><\/p>\n

MADHYA PRADESH HIGH COURT<\/span> | Medical Termination of Pregnancy allowed due to Matrimonial Dispute & Domestic Violence allegation<\/p>\n

In a writ petition filed by wife under Article 226<\/a> of the Constitution of India<\/a> seeking medical termination of her pregnancy due to a matrimonial dispute with her husband, a single-judge bench of Subodh Abhyankar, J., allowed the writ petition was allowed and directed to proceed with the medical termination of the petitioner’s pregnancy. Read more HERE<\/a><\/span><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

A quick legal roundup to cover important stories from all High Courts this week.<\/p>\n","protected":false},"author":67011,"featured_media":337756,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[46069,45673],"tags":[45212,76723,76493,76439,76669,76718,31432,68448,26804,3622,30329,76459,6361,76720,76724,27214,76722,3151,76480,76599,76487,76719,6721,2991,76721,42599],"class_list":["post-337752","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-high-court-round-up","category-columns-for-roundup","tag-metoo","tag-actor-sunil","tag-aiims-jodhpur-trauma-centre","tag-amandeep-singh-batra","tag-asha-lawrence","tag-atul-subhash","tag-bennett-coleman","tag-bnss","tag-compulsory-retirement","tag-defamation","tag-domestic-relationship","tag-elderly-prisoners","tag-enemy-property","tag-firecracker-factory-explosion-case","tag-jjustice-hema-committee","tag-live-in-relationship","tag-m-m-lawrence","tag-matrimonial_dispute","tag-mk-nasar","tag-moti-mahal","tag-nawab-of-bhopal","tag-pataudi-family","tag-quashment-of-proceedings","tag-Termination_of_Pregnancy","tag-times-internet-limited","tag-trade-marks"],"yoast_head":"\nHigh Court Weekly Roundup for December 2024 | SCC Times<\/title>\n<meta name=\"description\" content=\"High Court Weekly Roundup for December 2024: Read stories on Atul Subhash Suicide Case, MM Lawrence, MK Nasar\u2019s release, and more\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.scconline.com\/blog\/post\/2024\/12\/22\/high-court-weekly-roundup-december-2024\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"HIGH COURT DECEMBER 2024 WEEKLY ROUNDUP | Stories on Atul Subhash Suicide Case; 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