Array ( [0] => ..... of their pleading guilty for shielding themselves from the offence of murder in the relevant murder case (on plea of alibi) may not be altogether ruled out. under section 58 of the evidence act facts admitted need not be proved. the court, however, has the discretion to require the facts admitted to be proved otherwise than by such admission. facts may thus ..... .4. on the same very day (19.7.92), asansol p.s. case no. 145/92 dated 19.7.92 under sections 302/120b/34, i.p.c, sections 25/27, arms act, and sections 9(b)(3) of the i.e act was started upon a written complaint by the informant-gopal prosad, the added o.p. no. 2 herein, against the aforesaid four ..... be proved by admission or evidence. under section 252, cr. p.c., as well it is neither obligatory for a magistrate to accept a plea of guilty by an ..... [1] => ..... 1894 ac 535 it was held to be reasonable in the interests of the parties to restrain, nordenfelt from trading in guns, gun mountings or carriages, gun powder, explosives or ammunitions since the business that he had sold for a large sum of money consisted in the manufacture of those very things. this part of the covenant was held ..... to, or in substitution for, such injunction and the court may, if it thinks fit, award such damages. (2) no relief for damages shall be granted under this section unless the plaintiff has claimed such relief in his plaint; provided that where no such damages have been claimed in the plaint, the court shall, at any stage of the ..... 1400 b.s. to 1401 b.s. there was another publication on 14th april, 1993 in the ananda bazar patrika intimating the public that the defendant no. 1 would act as an artiste of the jatra 'phansir manche matir maa'. ultimately the plaintiff brought the present suit. copies of the, bengali agreements with translations are annexed to the ..... [2] => ..... the sangha. rs. 7,339 were paid to advocates for that proceeding. (iii) manindra deba and other workers of the sangha were prosecuted under section 307 of the indian penal code and also under the explosives act in the court of sessions at patna and rs. 723.50 were spent in defending that case.(iv) a case was instituted against some workers ..... of the sangha under section 307 of the indian penal code and also under the explosives act on the charge of attempting on the life of the then chief justice of india and in defending that case, rs. 6,000 were ..... and on the basis of these false complaints they were involved in the criminal cases relating to the charges of murder and attempting to commit murder and also under the explosives act. in order to protect the good name of the institution and to prove the innocence of the marga guru and the other members of the sangha, it was necessary ..... [3] => ..... of the said application are denied, i say that in the complaint the commission of the offences under sections 120b, 436, 326 307 and 302 of the indian penal code and sections 3 and 5 of the explosives substances act had been mentioned. i further say that it was only in course of the investigation that materials indicating commission ..... information report and on that basis a case was registered in the said bowbazar police station under sections 120b/436/326/307 of the indian penal code and sections 3 and 6 of the explosives substances act. the said case was numbered as section h (bowbazar police station) case no. 84 dated march 17, 1993. copy of the said ..... by them in course of investigation. the offences mentioned in the said report are offences under sections 3 and 4 of the tada act, under section 302 of the indian penal code and certain other offences under penal code and the explosive substances act, which have been mentioned in the original first information report. on june 14, 1993 the ..... [4] => ..... , i.p.c. and sentencing him to r.i. for five years and convicting ananda bauri (appellant in criminal appeal no. 152 of 1988) under section 395, i.p.c. and section 9b(1)(b) of the indian explosives act, and sentencing him to suffer r.i. for five years and pay fine of rs. 1000/- i.d., suffer r.i. for six months ..... more on conviction under section 395, i.p.c. and to suffer r.i. for six months on conviction under section 9b(1)(b) of the i.e. act, both the sentences to run ..... age of the accused ananda was about 15/16 years'.4. mr. mukherjee, learned advocate, also draw the attention of this court to the examination of the appellant ananda under section 313 of the code of criminal procedure on 9th march, 1988, describing his age as 20 years and thereby indicating that he was aged about 14 years at the time ..... [5] => ..... licence granted under the explosives act and the rules made thereunder are not disputed. such licence, no doubt, permits the petitioners to carry on such business. but the provisions' of such acts, specially the environment protection act, 1986, has got an overriding effect over all other enactment. section 24(1) of the environment protection act, 1986, provides, ..... are sanctioned by statute, the common law right to damages, or the equitable right to seek injunctive relief, are removed in the context of section 76 (1) of the civil aviation act, 1982. the european convention on human rights (the convention for the protection of human rights and fundamental freedoms time, 4 november, 1950; ..... no. 4), (1996) 4 all er 903, the court of appeal considered the power of the secretary of state acting under powers conferred on him by section 78 (3) of the civil aviation act, 1982, made an order imposing new night flight restrictions at heathrow, gatwick and stansted airports for various periods. the ..... [6] => ..... transmit and disseminate the information as soon as it is sent or beamed from one place to another. satellite television is a major contributor of the information explosion. dissemination of knowledge of a trade mark in respect of a product through advertisement in media amounts to use of the trade mark whether or not the ..... till july, 1996.5. in the meanwhile in january, 1995 the appellant filed an application for registration of the mark ocuflox under the trade and merchandise marks act, 1958 in bombay. in early 1996 the appellant formed a joint venture company, allergan india ltd. with nicholas pirmal ltd., an established indian pharmaceutical company to ..... control administration on 25th august, 1993. in sept. 1993, the respondents applied for registration of the mark 'ocuflox' in class v of the fourth schedule to the act. the application is pending. the respondents claim to have commenced sale of their product 'ocuflox' from 30th oct. 1993 and to have successfully built up a reputation by ..... [7] => ..... in many cities due to explosions in fire works factories. as calcutta city is congested with very high population density, manufacturing of fire works in the city of calcutta need to be ..... behavioural impact on the community. it is stated what the fire works are manufactured by using various chemical which are hazardous in nature. accidents due to explosions and fire may be caused from such manufacturing units unless adequate precautions are taken. there has been devastating fire causing serious loss of property and life ..... are sanctioned by statute, the common law right to damages, or the equitable right to seek injunctive relief, are removed in the context of section 76(1) of the civil aviation act, 1982. the european convention on human rights (the convention for the protection of human rights and fundamental freedoms time, 4 november, 1950 ts ..... [8] => ..... any and every unlawful activity and before any such assessment is done, provide adequate number of personnel on demand as contemplated under section 13 of the in dian police act as amended from time to time by the petitioners at their cost and after assessment deploy such number of personnel as assessed in ..... the same manner at the cost of the petitioners. (2) the respondent nos. 3 to 6 shall forthwith take up search of the area and all parts of the petitioners' estate for any unauthorised/ unlicensed arms/weapons/explosives ..... date. in the meanwhile, affidavit-in-opposition, if any, may be filed. all parties concerned including the labour commissioner government of west bengal, are to act on a signed xerox copy of this dictated order on the usual undertaking.' 7. thereafter, after consideration of the report of the deputy labour commissioner, jalpalguri ..... [9] => ..... energy to be supplied under this agreement either in whole or in part owing to any strike, riots, insurrections, command of a civil or military authority, fire, explosions, act of god or any other causes beyond his/its/their control or if the board is prevented from supplying or is unable to supply such electrical energy owing to ..... rates of charges for such supplies ; (d) the extension and cheapening of supplies of electricity to sparely developed areas. (3) nothing in foreging provisions of this section shall derogate from the power of the board, if it considers it necessary or expedient to fix different tariffs for the supply of electricity to any person not being ..... of the board in the same terms as that of a licensee to determine tarrif, including amgr is derived from section 49 of the electricity (supply) act, 1948. section 49 reads as under :--'subject to the provisions of this act of regulations, if any, made in this behalf, the board may supply electricity to any person not being a ..... [10] => ..... would have been naturally placed after section 626, which provides for the hearing and determination of an application for review.4. we are, therefore, of opinion that the question raised before us should be answered ..... are prima facie grounds for review, he would not direct notice to issue.3. the position of section 624 lends some support to the contention that the word 'made' does not include the hearing and the determination of the application for review. if it did, it ..... shall reject the application if it appear to it that there is not sufficient ground for review. therefore, before the notice provided in clause (a) of this section is directed to be issued, the judge who delivered the judgment is required to consider judicially the merits of the application, and unless he is satisfied that there ..... [11] => ..... c.j. held that bringing a suit against a person who bad died before the suit was instituted was a cause of a similar nature within the meaning of section 14 of act xiv of 1859. in the case under our consideration the similarity is certainly greater than it was in the case just cited. there, in the former suit, the ..... against the present defendant and others on the ground of misjoinder of several causes of action.4. the question which we have to decide is whether, under section 14 of the present limitation act, the plaintiff is entitled to have the deduction of the time during which the former suit was pending. the district judge, disagreeing with the munsif, is ..... is not entitled to the deduction.5. so far as the question before us is concerned, the language of the 14thsection of the present limitation act is similar to the language of the 14th section of act xiv of 1859, with this exception that, after the words 'other cause,' the words of a like nature have been added in the former ..... [12] => ..... judge may require them to retire for further consideration,' after such a period as the judge considers reasonable the jury may deliver their verdict, although they are not unanimous. section 303, no doubt, empowers the judge to ask the jury such questions as are necessary to ascertain what their verdict is, but it was never, in our opinion, ..... have the opportunity of accepting or refusing that opinion as a verdict according as it coincides with his own opinion or not. the manner in which the judge has acted on the present occasion raises much doubt 'in our minds whether that was not the motive for the course he took, and inclines us to think that, if ..... opinion of the majority, we think that he ought to have received that verdict without hesitation; and if he differed from it, he should have proceeded as directed by section 307. if the jury, in the present instance, had been required to retire without having informed the judge as to the exact result of their deliberations, it is ..... [13] => ..... . contra non valentem agree non currit prescription.' (see gale on easements, last edition, page 189.)15. it was presumably upon this principle that by the 7th section of the english act, the 2nd and 3rd william 4th, c. 71, the time during which an infant, an insane person, or a married woman is the owner of the ..... this was the view of the legislature of this country there is no provision in the indian limitation act corresponding with section 7 of the english prescription act, though there is a provision in section 27, which answers to section 8 of the prescription act, and which protects, under certain conditions, the rights of reversioners.23. it is probable that the words ..... which rights of way and other easements are now generally acquired in india, h as nothing to do with prescription. it is 'an act for the limitation of suits and other purposes,' and section 26 enables any person to acquire a right of way by a twenty-years' user without reference to any grant, express or implied, ..... [14] => ..... late stage. it is sufficient, however, to say that the objection was deliberately not pressed in the lower appellate court. section 32 of the code, moreover, gives a wide discretion to the court.11. the appeal will be dismissed with costs.-------------------------------------foot ..... that the suit is bad, because the court never gave the sanction necessary under section 3, act xl, 1858, it seems that the munsiff, on the defendant's objection, put in issue the question whether a certificate ..... plaintiff must always now sue by his next friend; and under section 443* a minor defendant must defend by a guardian appointed by the court. the effect of section 3, act xl, 1858, read with section 440 of the code is, that a minor plaintiff must ..... not only always sue by his next friend, but when the suit relates to the minor's estate, the person representing the minor must either hold a certificate under the act ..... [15] => ..... 's age is 17 or 18 years.' how, therefore, the subordinate judge concludes, that preonath had not completed the age of 18 years, is not clear.9. by section 4* of the majority act (ix of 1875) a person completes that age at the beginning of the 18th anniversary of his birthday, when he is, as is commonly understood, 18 years old ..... of 1858, and had no permission from the court to bring the suit.3. it certainly does not appear that any permission, such as that contemplated by section 3, act xl of 1858, was asked for or given; but the munsif, in disposing of the latter objection, says in his judgment: 'managers of small properties are competent to bring cases ..... .10. the suit is also open to objection, on the ground that it is brought in disregard of the provisions of section 440 of the procedure code and of section 8, act xl of 1858, which must be read together. the former section enacts that 'every suit by a minor shall be instituted in his name by an adult person, who in such suit ..... [16] => ..... at present, renders it practically impossible, in the great majority of cases, to fix a common carrier with liability. it is true, that by section 9 of the carriers act, and by section 13 of the railways act of 1879, a plaintiff, who sues a carrier for the loss of goods, is not bound, in the first instance, to prove how their ..... which we disapprove, and which we believe to be contrary to its meaning.30. besides, it is really difficult to say what the legislature did intend by section 10 of the railways act. very possibly it may have taken for granted that the view of the bombay court was right, or it may have supposed that carriers by railway were not ..... a few days later) no further proceedings have been taken in this direction; but to my mind, quite independently of the proper construction to be put on section 1 of the indian contract act (ix of 1872), these facts afford ample indication of the intention of the legislature; indeed, they seem to me to negative any inferences to the contrary ..... [17] => ..... the decree according to the nature of the application.' section 221 of act viii of 1859, says: 'when all necessary preliminary measures have been taken, where any such are required, the court, unless it sees cause to the contrary, shall ..... said the question must be answered by a reference to the code of civil procedure.'24. he then thus refers to these provisions:by section 15 of act xxiii of 1861, substituted for section 215 of act viii of 1859, it is enacted that 'if the application for execution of a decree be admitted, the court shall order execution of ..... by one of them, but which has not yet been followed up by a decree, does not entitle him to any preference over the others. section 7 of the insolvent debtor's act provides that the vesting order 'shall instantly, and without any conveyance or assignment, vest all the real and personal estate, effects and debts as aforesaid ..... [18] => ..... is not a written document signed by the defendant, cannot properly fall within the terms of article 64, schedule ii of the limitation act, nor under article 120 as relating to a 'suit for which no period of limitation is provided elsewhere in the schedule.' the ..... concur with them in holding that it does not do so; and that to give a fresh ground of limitation under that section, the account stated should be in writing; and that when there is no writing, article 64 does not apply.prinsep, ..... judgment:it was ingeniously suggested in argument on behalf of the plaintiff, that as article 64 of schedule ii of the limitation act says nothing in the third column as to accounts stated by word of mouth, that article must be considered as applicable only ..... that was raised before us, viz., that the suit was not barred by limitation, because it falls under article 64, schedule ii, act xv of 1877. it has been said that our conclusion that the transaction, which took place on the 18th october 1877, did not ..... [19] => ..... which he should have been convicted. the appellant was simply the manager and not the owner of the land respecting which the alleged riot took place. the section under which he should have been charged is section 156, but it appears to me that on three essential points the evidence that has been adduced is not sufficient to establish an offence under ..... conviction and sentence will be set aside, and the fine, if realized, will be refunded.pigot, j.6. i entirely agree. i would only add that in applying the sections which give the magistracy powers of such startling magnitude, it is, in my opinion, incumbent upon those entrusted with the exercise of such powers to ..... act not upon inferences or suspicions but upon evidence. whatever may have been the object of the legislature, whether as explained by the learned counsel for the prosecution or not, ..... ) Explosives Act 1884 Section 4 Definitions - Sortby Old - Court Kolkata - Page 11 - Judgments | SooperKanoon Skip to content


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Apr 29 1993 (HC)

Ramesh Chandra Biswas Vs. the State and anr.

Court : Kolkata

Reported in : (1993)2CALLT310(HC),97CWN1053

..... of their pleading guilty for shielding themselves from the offence of murder in the relevant murder case (on plea of alibi) may not be altogether ruled out. under section 58 of the evidence act facts admitted need not be proved. the court, however, has the discretion to require the facts admitted to be proved otherwise than by such admission. facts may thus ..... .4. on the same very day (19.7.92), asansol p.s. case no. 145/92 dated 19.7.92 under sections 302/120b/34, i.p.c, sections 25/27, arms act, and sections 9(b)(3) of the i.e act was started upon a written complaint by the informant-gopal prosad, the added o.p. no. 2 herein, against the aforesaid four ..... be proved by admission or evidence. under section 252, cr. p.c., as well it is neither obligatory for a magistrate to accept a plea of guilty by an .....

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Jul 02 1993 (HC)

Makhanlal Natta Vs. Tridib Ghosh and Another

Court : Kolkata

Reported in : AIR1993Cal289

..... 1894 ac 535 it was held to be reasonable in the interests of the parties to restrain, nordenfelt from trading in guns, gun mountings or carriages, gun powder, explosives or ammunitions since the business that he had sold for a large sum of money consisted in the manufacture of those very things. this part of the covenant was held ..... to, or in substitution for, such injunction and the court may, if it thinks fit, award such damages. (2) no relief for damages shall be granted under this section unless the plaintiff has claimed such relief in his plaint; provided that where no such damages have been claimed in the plaint, the court shall, at any stage of the ..... 1400 b.s. to 1401 b.s. there was another publication on 14th april, 1993 in the ananda bazar patrika intimating the public that the defendant no. 1 would act as an artiste of the jatra 'phansir manche matir maa'. ultimately the plaintiff brought the present suit. copies of the, bengali agreements with translations are annexed to the .....

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Feb 25 1994 (HC)

Ananda Marga Pracharaka Sangha Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : [1996]218ITR254(Cal)

..... the sangha. rs. 7,339 were paid to advocates for that proceeding. (iii) manindra deba and other workers of the sangha were prosecuted under section 307 of the indian penal code and also under the explosives act in the court of sessions at patna and rs. 723.50 were spent in defending that case.(iv) a case was instituted against some workers ..... of the sangha under section 307 of the indian penal code and also under the explosives act on the charge of attempting on the life of the then chief justice of india and in defending that case, rs. 6,000 were ..... and on the basis of these false complaints they were involved in the criminal cases relating to the charges of murder and attempting to commit murder and also under the explosives act. in order to protect the good name of the institution and to prove the innocence of the marga guru and the other members of the sangha, it was necessary .....

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Apr 13 1994 (HC)

Md. Rashid Khan Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 1994CriLJ2699

..... of the said application are denied, i say that in the complaint the commission of the offences under sections 120b, 436, 326 307 and 302 of the indian penal code and sections 3 and 5 of the explosives substances act had been mentioned. i further say that it was only in course of the investigation that materials indicating commission ..... information report and on that basis a case was registered in the said bowbazar police station under sections 120b/436/326/307 of the indian penal code and sections 3 and 6 of the explosives substances act. the said case was numbered as section h (bowbazar police station) case no. 84 dated march 17, 1993. copy of the said ..... by them in course of investigation. the offences mentioned in the said report are offences under sections 3 and 4 of the tada act, under section 302 of the indian penal code and certain other offences under penal code and the explosive substances act, which have been mentioned in the original first information report. on june 14, 1993 the .....

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Feb 14 1997 (HC)

Ananda Bauri Vs. State

Court : Kolkata

Reported in : 1997CriLJ2188

..... , i.p.c. and sentencing him to r.i. for five years and convicting ananda bauri (appellant in criminal appeal no. 152 of 1988) under section 395, i.p.c. and section 9b(1)(b) of the indian explosives act, and sentencing him to suffer r.i. for five years and pay fine of rs. 1000/- i.d., suffer r.i. for six months ..... more on conviction under section 395, i.p.c. and to suffer r.i. for six months on conviction under section 9b(1)(b) of the i.e. act, both the sentences to run ..... age of the accused ananda was about 15/16 years'.4. mr. mukherjee, learned advocate, also draw the attention of this court to the examination of the appellant ananda under section 313 of the code of criminal procedure on 9th march, 1988, describing his age as 20 years and thereby indicating that he was aged about 14 years at the time .....

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Sep 26 1997 (HC)

Burrabazar Fire Works Dealers Association and ors. Vs. the Commissione ...

Court : Kolkata

Reported in : AIR1998Cal121

..... licence granted under the explosives act and the rules made thereunder are not disputed. such licence, no doubt, permits the petitioners to carry on such business. but the provisions' of such acts, specially the environment protection act, 1986, has got an overriding effect over all other enactment. section 24(1) of the environment protection act, 1986, provides, ..... are sanctioned by statute, the common law right to damages, or the equitable right to seek injunctive relief, are removed in the context of section 76 (1) of the civil aviation act, 1982. the european convention on human rights (the convention for the protection of human rights and fundamental freedoms time, 4 november, 1950; ..... no. 4), (1996) 4 all er 903, the court of appeal considered the power of the secretary of state acting under powers conferred on him by section 78 (3) of the civil aviation act, 1982, made an order imposing new night flight restrictions at heathrow, gatwick and stansted airports for various periods. the .....

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Nov 06 1997 (HC)

Allergan Inc Vs. Milment Oftho Industries and ors.

Court : Kolkata

Reported in : (1997)2CALLT92(HC)

..... transmit and disseminate the information as soon as it is sent or beamed from one place to another. satellite television is a major contributor of the information explosion. dissemination of knowledge of a trade mark in respect of a product through advertisement in media amounts to use of the trade mark whether or not the ..... till july, 1996.5. in the meanwhile in january, 1995 the appellant filed an application for registration of the mark ocuflox under the trade and merchandise marks act, 1958 in bombay. in early 1996 the appellant formed a joint venture company, allergan india ltd. with nicholas pirmal ltd., an established indian pharmaceutical company to ..... control administration on 25th august, 1993. in sept. 1993, the respondents applied for registration of the mark 'ocuflox' in class v of the fourth schedule to the act. the application is pending. the respondents claim to have commenced sale of their product 'ocuflox' from 30th oct. 1993 and to have successfully built up a reputation by .....

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Mar 04 1998 (HC)

Moulana Mufti Syed Md. Noorur Rehman Barkati and ors. Vs. State of Wes ...

Court : Kolkata

Reported in : AIR1999Cal15

..... in many cities due to explosions in fire works factories. as calcutta city is congested with very high population density, manufacturing of fire works in the city of calcutta need to be ..... behavioural impact on the community. it is stated what the fire works are manufactured by using various chemical which are hazardous in nature. accidents due to explosions and fire may be caused from such manufacturing units unless adequate precautions are taken. there has been devastating fire causing serious loss of property and life ..... are sanctioned by statute, the common law right to damages, or the equitable right to seek injunctive relief, are removed in the context of section 76(1) of the civil aviation act, 1982. the european convention on human rights (the convention for the protection of human rights and fundamental freedoms time, 4 november, 1950 ts .....

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Jul 14 1998 (HC)

The Samasing Plantation Industries Limited and anr. Vs. State of West ...

Court : Kolkata

Reported in : (1999)1CALLT131(HC),[1999(82)FLR150]

..... any and every unlawful activity and before any such assessment is done, provide adequate number of personnel on demand as contemplated under section 13 of the in dian police act as amended from time to time by the petitioners at their cost and after assessment deploy such number of personnel as assessed in ..... the same manner at the cost of the petitioners. (2) the respondent nos. 3 to 6 shall forthwith take up search of the area and all parts of the petitioners' estate for any unauthorised/ unlicensed arms/weapons/explosives ..... date. in the meanwhile, affidavit-in-opposition, if any, may be filed. all parties concerned including the labour commissioner government of west bengal, are to act on a signed xerox copy of this dictated order on the usual undertaking.' 7. thereafter, after consideration of the report of the deputy labour commissioner, jalpalguri .....

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Jul 27 1998 (HC)

Sona Rubber Industries Vs. West Bangal State Electricity Board and ors ...

Court : Kolkata

Reported in : (1998)3CALLT238(HC)

..... energy to be supplied under this agreement either in whole or in part owing to any strike, riots, insurrections, command of a civil or military authority, fire, explosions, act of god or any other causes beyond his/its/their control or if the board is prevented from supplying or is unable to supply such electrical energy owing to ..... rates of charges for such supplies ; (d) the extension and cheapening of supplies of electricity to sparely developed areas. (3) nothing in foreging provisions of this section shall derogate from the power of the board, if it considers it necessary or expedient to fix different tariffs for the supply of electricity to any person not being ..... of the board in the same terms as that of a licensee to determine tarrif, including amgr is derived from section 49 of the electricity (supply) act, 1948. section 49 reads as under :--'subject to the provisions of this act of regulations, if any, made in this behalf, the board may supply electricity to any person not being a .....

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