Array ( [0] => ..... and manager and principal employer, respectively, of durga enterprises pvt. ltd., malak nagar, ghaziabad for violating the provisions of section 40 of the employees' state insurance act read with regulation 29 of esi (gen.) regulations, 1950 and for offences committed under section 85-a and 85-b of the ..... those proceedings though they were strangers qua the affairs of respondent no. 4. 2. learned counsel for the applicant urged that section 86 of employees' state insurance act, 1948 lays down that no prosecution shall' be instituted except by or with the previous sanction of insurance commissioner. in the present case no sanction had been obtained for the ..... warrant of arrest issued for his arrest is not legal one. 4. considering the facts and circumstances of the case stated above, i find that for want of sanction for the prosecution of the applicant, which is mandatory under section 86 of the employees' state insurance act, 1948 no prosecution of the applicant could be initiated. 5. ..... [1] => ..... consideration, the lic had repudiated the liability under the policy as per ext.p2 communication.14. under section 45 of the insurance act, 1938, the insurer is free to repudiate an insurance policy even after the expiry of two years from the date on which it commenced, if a false statement was made on ..... , the petitioner's deceased son had undergone two renal surgeries. the petitioner is harping upon section 45 of the insurance act, 1938 which reads as follows: "no policy of life insurance shall after the expiry of 2 years from the date on which it was effected be called in question by an ..... 4. aggrieved by the repudiation, the petitioner approached the permanent lok adalath at thiruvananthapuram for public utility services with a petition. the permanent lok adalath rejected the petition harping on the ground that the contract of insurance was vitiated by suppression of material facts. the petitioner alleges that the repudiation is bad in the light of section 45 of the insurance act 1938 ..... [2] => ..... bank issued a certificate (ex. d. 3). it was also contended that as the premium was not paid and received by the insurer by february, 1988, therefore, in view of section 64vb of the insurance act, 1938, the tribunal on the evidence adduced by the parties after holding that the accident was caused due to rash and negligent driving of ..... such refund shall in no case be credited to the account of the agent.(4) where an insurance agent collects a premium on a policy of insurance on behalf of an insurer, he shall deposit with, or despatch by post to, the insurer, the premium so collected in full without deduction of his commission within twenty-four hours of the ..... nos. 2 to 5, filed an application for compensation for the death of rajendra kumar on 4-4-1988.3. the owner, driver and insurer contested the application for compensation. the insurer disowned the liability on the ground that though the truck was insured by insurance policy (ex. d. 1), which covered the risk from 1-1-1988 to 31-12-1988 ..... [3] => ..... bank issued a certificate, exh. d 3. it was also contended that as the premium was not paid and received by the insurer by february, 1988, therefore, in view of section 64vb of the insurance act, 1938, the tribunal on the evidence adduced by the parties after holding that the accident was caused due to rash and negligent driving of ..... such refund shall in no case be credited to the account of the agent.(4) where an insurance agent collects a premium on a policy of insurance on behalf of an insurer, he shall deposit with, or despatch by post to, the insurer, the premium so collected in full without deduction of his commission within twenty-four hours of the ..... nos. 2 to 5, filed an application for compensation for the death of rajendra kumar on 4.4.1988.3. the owner, driver and insurer contested the application for compensation. the insurer disowned the liability on the ground that though the truck was insured by insurance policy, exh. d 1, which covered the risk from 1.1.1988 to 31.12.1988 ..... [4] => ..... advance.-- (1) no insurer shall assume any risk in india in respect of any insurance business on which premium is not ordinarily payable outside india unless and until the ..... note. accordingly, the tribunal was justified in holding that the vehicle in question was validly insured with the appellant on the date of the accident.7. as the question was raised, a reference may be made to sub-sections (1), (2) and (4) of section 64vb of the insurance act, 1938 which reads thus :'64vb. no risk to be assumed unless premium is received in ..... [5] => ..... was false or that it suppressed facts which it was material to disclose?. 8. thus, it becomes clear that policy can be challenged under section 45 of the insurance act only when (a) the statement is on a material matter; and (b) the policy holder must have known at the time of making the statement that it was ..... which, this revision petition has been filed. 3. heard learned counsel for the parties at admission stage and perused record. 4. learned counsel for the petitioner submitted that under section 45 of the insurance act, the insurance policy cannot be called in question on the ground of mis-statement after 2 years and learned district forum has committed error ..... submitted that policy cannot be called in question on ground of mis-statement after 2 years of issuance as per section 45 of the insurance act. he placed reliance on civil appeal no. 4186-87/1988 “ life insurance corporation of india and ors. vs. smt. asha goel and anr. in which honble apex court observed as under: œcoming to ..... [6] => ..... . sri s. laxma reddy, learned counsel for the petitioner vehementlycontended that section 46 of the insurance act, 1938 casts a duty upon the respondents-insurance company to settle the claim after deducting the disputed amount and as the respondents-insurance company failed to discharge its duty in not settling the claim, there is no fetter on ..... as death of late srinivas was under suspicious circumstances, an investigator was appointed by the respondents-insurance company and it was revealed that thedeceased left the legal heirs who aremother, two brothers and a sister.4. it is further stated that the deceased srinivas went to nakrekal to meet the petitioner on 18 ..... were acknowledged by the authorities concerned, and there was no action to settle the claim. the petitioner herein therefore issued a legal notice on 20-4-1999 and thereafter also no action was taken, the petitioner by invoking the extraordinary jurisdiction under article 226 of the constitution has filed the above writ ..... [7] => ..... the tribunal fixed a xerox copy of the alleged policy in which the policy issuing office was mentioned as 'united india insurance co. ltd., branch iv, division 16, chittaranjan avenue, calcutta' the insurance company in its written statement before the tribunal denied issuing such certificate and alleged that such xerox copy was false and ..... including our high court, after following the decisions of the supreme court, have deprecated the practice of the insurance company to prefer appeal against the award passed under section 140 of the motor vehicles act, 1988, the present appeal has been filed.5. the only contention of the appellant in the said application ..... judgment and award that such question was raised by the insurance company at the hearing of the application under section 140 of the said act. even an officer of the insurance company was examined who deposed, inter alia, that the appellant has no office at branch no. iv, division 16, chittaranjan avenue, calcutta, but during ..... [8] => ..... place in mumbai.3. on 4.631981, the insurance inspector of the employees state insurance corporation inspected the records of m/s. munshaw industries and found that contribution towards the employees state insurance corporation had remained unpaid by the appellant. on 22.12.1983, the corporation called upon the appellant to pay the contributions under the employees state insurance act since they employed 21 workmen in ..... the appellant to pay rs. 303338/- as contribution towards the employees state insurance.4. being aggrieved by this order, the appellant preferred an application under section 75 of the employees state insurance corporation act (for short, hereinafter referred to as 'the act') before the employees state insurance court on 2.4.1985 claiming that the act was not applicable to it. the appellant claimed that it employed only ..... [9] => ..... insurance act, 1938, to be furnished to the controller of insurance after adjusting such balance so as to exclude from it any expenditure other than expenditure which may under the provisions of section 10 of this act be allowed for in computing the profits and gains of a business.........' 6. by s. 15 of the insurance act 4 of 1938 every insurer ..... . 11 of that act. by s. 11(1) of the insurance act every insurer is directed to prepare at the expiration of each calendar ..... is directed to furnish to the controller of insurance, among others, the audited accounts and statements referred to in s ..... [10] => ..... may, 1971. management of the old company vested in the central government in terms of section 3 of the general insurance (emergency provisions) act, 1971 (hereinafter referred to as the '1971 act'). the old company held license issued under the insurance act, 1938 (in short the 'insurance act'). pending appointment of a custodian of the undertaking of the old company, persons in charge of the management of that ..... merged company stood transferred to and vested in the transferee company. in the instant case, old company was the merged company, and assessed was the transferee company. 4. by applying section 170 of the act assessment was made by the assessing officer holding that assessed was a successor of the old company. the assessment was assailed before the appellate assistant commissioner of ..... [11] => ..... of which are required under the insurance act, 1938, to be furnished to the controller of insurance after adjusting such balance so as to exclude from it any expenditure other than expenditure which may under the provisions of section 10 of this act be allowed for in computing the ..... not suffered any loss on the tax paid in advance to the pakistan authorities, in respect of which a sum of rs. 4,646 had been claimed as loss resulting from devaluation. the tribunal was of the view, therefore, that this was an imaginary ..... as follows : _____________________________________________________________________pakistan indian differenceitem details currency currency (loss)_____________________________________________________________________1. ... ... ... ...2. ... ... ... ...3. advance tax 10,558 15,203 4,645-10-5(indian books)_____________________________________________________________________4. it may be mentioned that the balance-sheet is to be found as annexure 'a' to the statement of the case ..... [12] => ..... .n.munshi, the learned counsel appearing for the petitioner, has drawn my attention to section 64vb of the insurance act, 1938. section 64vb(1) provides that no insurer shall assume any risk in india in respect of any insurance business on which premium is not ordinarily payable outside india unless and until the premium payable is received by ..... premium has been paid in cash or by cheque to the insurer. clause (4) of section 64vb also provides that where an insurance agent collects a premium on a policy of insurance on behalf of an insurer, he shall deposit with, or dispatch by post to, the insurer, the premium so collected in full without deduction of his commission ..... was transferred to a far flung place like jhalawar on august 26, 1987 as officiating branch manager. thereafter, efforts were made to implicate him in false cases.4. it was further submitted that on account of the conspiracy, false charges were framed against him and the charge-sheet (annexure-7) dated september 28, 1988 ..... [13] => ..... p.m. on 10-11-1986 commenced from the mid night when 10-11-1986 started.9. mr. sinha submitted that in view of section 64 vb of the insurance act, 1938 insurer is prohibited to assume risk unless premium is received in advance. this section reads as follows:'64. vb-- no risk to be assumed unless premium is received in advance ..... .m. and the covernote was issued at that time whereas about 15 hours before, the accident had taken place which fact was not brought to the notice of the insurer. (iv) determination of compensation is not just. 6. on the material available, tribunal has come to the conclusion that accident took place at 6.45 a.m. mr. ..... proposer that vehicle was in perfect condition. proposer gave an undertaking that facts are true, thus, deliberately suppressed the fact of accident. on that basis covernote was issued.4. tribunal has held that there was negligent driving of the vehicle on account of which claimant sustained injuries and he is entitled to rs. l,45,000/- as compensation ..... [14] => ..... virtue of the provisions of section 13 of the code of civil procedure, 1908 (5 of 1908), conclusive as to any matter adjudicated upon by it, the insurer (being an insurer registered under the insurance act, 1938 (4 of 1938), and whether or not he is registered under the corresponding law of the reciprocating country) shall be liable to the person entitled to the benefit of the ..... virtue of the provisions of section 13 of the code of civil procedure, 1908 (5 of 1908) conclusive as to any matter adjudicated upon by it, the insurer (being an insurer registered under the insurance act, 1938 of the reciprocating country) shall be liable to the person entitled to the benefit of the decree in the manner and to the extent specified in sub-section ..... [15] => ..... the facts which give rise to the present reference. in respect of the assessment year in question the surplus as per valuation in form i in sch. iv of the insurance act, 1938, was found to be rs. 23,41,03,423. the corporation claimed a deduction of rs. 3,64,026 on account of compensation paid to special ..... thereto and submit the report of the actuaries to the central government. how this valuation is to be made is provided in s. 13(1) of the insurance act, 1938, read with the provisions of the schedule. it is not necessary for our purpose in this case to refer to the details of the mode of valuation and ..... corporation were entitled to appoint chief agents and special agents for securing the life insurance business under the provisions of the insurance act, 1938. under s. 2(5a) of the insurance act, 1938, it was provided : '`chief agent' means a person who, not being a salaried employee of an insurer, in consideration of any commission - (i) performs any administrative and organising functions ..... [16] => ..... of ascertaining their profits and distributing their dividends. they have also to prepare revenue statements to be sent to the authorities under the provisions of the insurance act, 1938. the method adopted by the respondent in preparing the above statement has been that while the premiums received are all of them included in the assets ..... adversely to the appellant, but granted a certificate under section 66a, and that is how the appeal comes before us. 4. the relevant statutory provisions may now be noticed. under section 4 of the act, the charge is on the 'amount by which the profits during any chargeable accounting period exceed the standard profits.' 'standard ..... provide : 'the profits and gains of any business of insurance other than life insurance shall be taken to be the balance of the profits disclosed by the annual accounts, copies of which are required under the insurance act, 1938, to be furnished to the controller of insurance after adjusting such balance so as to exclude from it ..... [17] => ..... because it did not form part of the controlled business of the company ; that on march 1, 1952, the company's registration to carry on life insurance business was concelled under the insurance act, 1938 ; therefore, the company could not have carried on the business of lending money ; that the transaction itself was void and inoperative ; that the civil court ..... (a) to 1(e) the parties will hereinafter be referred to which reference to their array in the trial court. 4. the suit was brought by the corporation as the successor-in- interest of the united karnataka insurance co. ltd. ('company', for short). plaintiff's case is that the late defendant no.1, who was the father ..... dharwadi, in civil appeal no.290 of 1964 reversing the preliminary decree dated september 29, 1964, passed by the learned civil judge, dharwad, in special suit no.4 of 1962. the trial court passed a preliminary decree for recovery of a sum of rs.18,591 together with interest and costs. the lower appellate court has set ..... [18] => ..... be taken to be the balance of the profits disclosed by the annual accounts, copies of which are required under the insurance act, 1938, to be furnished to the controller of insurance, subject to the following adjustments' (a) subject to the other provision of this rule, any expenditure or allowance which is not admissible under the provision of section 30 to 43a ..... the subsequent years. the tribunal followed its earlier order and held against the assessee.. hence, the assessee obtained order for referring the above question for our consideration. 4. before the ito there was a claim for deduction of rs. 26,955 described as 'devaluation loss' : for the assessment year 1969-70. the head office of the assessee-company ..... [19] => ..... because it did not form part of the controlled business of the company; that on 1-3-1952, the company's registration to carry on life insurance business was cancelled under the insurance act 1938; therefore, the company could not have carried on the business of lending loan; that the transaction itself was void and inoperative; that the civil court ..... appeal, preferred by the defendants, learned district judge has reversed the decree and dismissed the suit. in the appeal before the learned district judge, only issues 1, 3, 4, 5, 6, 10, 11, 12 and 15, were pressed.6. learned district judge inter alias, held that the mortgage transaction did not form part of the controlled ..... 30, 000/- in favour of the company, both as the 'kartha' of the joint family and also as the guardian of the then minor defendants 3 and 4; that all the assets and liabilities of the controlled-business of the company statutorily stood transferred to and vested in the plaintiff-corporation consequent upon the coming into ..... ) Insurance Act 1938 4 of 1938 Section 7 Deposits - Page 6 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 section 7 deposits Page 6 of about 288,194 results (0.667 seconds)

Aug 16 1995 (HC)

Viswanidhi Dalmia (Raja) Vs. Director, Employees' State Insurance Corp ...

Court : Allahabad

Reported in : (1999)IIILLJ140All

..... and manager and principal employer, respectively, of durga enterprises pvt. ltd., malak nagar, ghaziabad for violating the provisions of section 40 of the employees' state insurance act read with regulation 29 of esi (gen.) regulations, 1950 and for offences committed under section 85-a and 85-b of the ..... those proceedings though they were strangers qua the affairs of respondent no. 4. 2. learned counsel for the applicant urged that section 86 of employees' state insurance act, 1948 lays down that no prosecution shall' be instituted except by or with the previous sanction of insurance commissioner. in the present case no sanction had been obtained for the ..... warrant of arrest issued for his arrest is not legal one. 4. considering the facts and circumstances of the case stated above, i find that for want of sanction for the prosecution of the applicant, which is mandatory under section 86 of the employees' state insurance act, 1948 no prosecution of the applicant could be initiated. 5. .....

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Jan 05 2015 (HC)

Nirmala Vs. The Senior Divisional Manager,l.I.C.

Court : Kerala

..... consideration, the lic had repudiated the liability under the policy as per ext.p2 communication.14. under section 45 of the insurance act, 1938, the insurer is free to repudiate an insurance policy even after the expiry of two years from the date on which it commenced, if a false statement was made on ..... , the petitioner's deceased son had undergone two renal surgeries. the petitioner is harping upon section 45 of the insurance act, 1938 which reads as follows: "no policy of life insurance shall after the expiry of 2 years from the date on which it was effected be called in question by an ..... 4. aggrieved by the repudiation, the petitioner approached the permanent lok adalath at thiruvananthapuram for public utility services with a petition. the permanent lok adalath rejected the petition harping on the ground that the contract of insurance was vitiated by suppression of material facts. the petitioner alleges that the repudiation is bad in the light of section 45 of the insurance act 1938 .....

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Dec 06 1996 (HC)

M.P. Electricity Board Vs. Smt. Saroj Bai Soni and ors.

Court : Madhya Pradesh

Reported in : 1997(2)MPLJ698

..... bank issued a certificate (ex. d. 3). it was also contended that as the premium was not paid and received by the insurer by february, 1988, therefore, in view of section 64vb of the insurance act, 1938, the tribunal on the evidence adduced by the parties after holding that the accident was caused due to rash and negligent driving of ..... such refund shall in no case be credited to the account of the agent.(4) where an insurance agent collects a premium on a policy of insurance on behalf of an insurer, he shall deposit with, or despatch by post to, the insurer, the premium so collected in full without deduction of his commission within twenty-four hours of the ..... nos. 2 to 5, filed an application for compensation for the death of rajendra kumar on 4-4-1988.3. the owner, driver and insurer contested the application for compensation. the insurer disowned the liability on the ground that though the truck was insured by insurance policy (ex. d. 1), which covered the risk from 1-1-1988 to 31-12-1988 .....

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Dec 06 1996 (HC)

M.P. Electricity Board Vs. Saroj Bai Soni and ors.

Court : Madhya Pradesh

Reported in : 1998ACJ291

..... bank issued a certificate, exh. d 3. it was also contended that as the premium was not paid and received by the insurer by february, 1988, therefore, in view of section 64vb of the insurance act, 1938, the tribunal on the evidence adduced by the parties after holding that the accident was caused due to rash and negligent driving of ..... such refund shall in no case be credited to the account of the agent.(4) where an insurance agent collects a premium on a policy of insurance on behalf of an insurer, he shall deposit with, or despatch by post to, the insurer, the premium so collected in full without deduction of his commission within twenty-four hours of the ..... nos. 2 to 5, filed an application for compensation for the death of rajendra kumar on 4.4.1988.3. the owner, driver and insurer contested the application for compensation. the insurer disowned the liability on the ground that though the truck was insured by insurance policy, exh. d 1, which covered the risk from 1.1.1988 to 31.12.1988 .....

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Nov 20 1998 (HC)

Divisional Manager, United India Insurance Co. Ltd. Vs. Smt. Labanga S ...

Court : Orissa

Reported in : 2000ACJ1259; AIR1999Ori193

..... advance.-- (1) no insurer shall assume any risk in india in respect of any insurance business on which premium is not ordinarily payable outside india unless and until the ..... note. accordingly, the tribunal was justified in holding that the vehicle in question was validly insured with the appellant on the date of the accident.7. as the question was raised, a reference may be made to sub-sections (1), (2) and (4) of section 64vb of the insurance act, 1938 which reads thus :'64vb. no risk to be assumed unless premium is received in .....

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May 06 2013 (TRI)

Jagrut Nagrik Through their Trustee and Secretary Shri P.V. Moorjani a ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... was false or that it suppressed facts which it was material to disclose?. 8. thus, it becomes clear that policy can be challenged under section 45 of the insurance act only when (a) the statement is on a material matter; and (b) the policy holder must have known at the time of making the statement that it was ..... which, this revision petition has been filed. 3. heard learned counsel for the parties at admission stage and perused record. 4. learned counsel for the petitioner submitted that under section 45 of the insurance act, the insurance policy cannot be called in question on the ground of mis-statement after 2 years and learned district forum has committed error ..... submitted that policy cannot be called in question on ground of mis-statement after 2 years of issuance as per section 45 of the insurance act. he placed reliance on civil appeal no. 4186-87/1988 life insurance corporation of india and ors. vs. smt. asha goel and anr. in which honble apex court observed as under: coming to .....

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Jul 14 2000 (HC)

N. Venkateswarlu Alias Venkanna Vs. Regional Manager, United India Ins ...

Court : Andhra Pradesh

Reported in : 2000(5)ALD105; 2000(4)ALT531

..... . sri s. laxma reddy, learned counsel for the petitioner vehementlycontended that section 46 of the insurance act, 1938 casts a duty upon the respondents-insurance company to settle the claim after deducting the disputed amount and as the respondents-insurance company failed to discharge its duty in not settling the claim, there is no fetter on ..... as death of late srinivas was under suspicious circumstances, an investigator was appointed by the respondents-insurance company and it was revealed that thedeceased left the legal heirs who aremother, two brothers and a sister.4. it is further stated that the deceased srinivas went to nakrekal to meet the petitioner on 18 ..... were acknowledged by the authorities concerned, and there was no action to settle the claim. the petitioner herein therefore issued a legal notice on 20-4-1999 and thereafter also no action was taken, the petitioner by invoking the extraordinary jurisdiction under article 226 of the constitution has filed the above writ .....

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Feb 27 2003 (HC)

United India Insurance Co. Ltd. Vs. Mina Mitra and anr.

Court : Kolkata

Reported in : 2004ACJ1837

..... the tribunal fixed a xerox copy of the alleged policy in which the policy issuing office was mentioned as 'united india insurance co. ltd., branch iv, division 16, chittaranjan avenue, calcutta' the insurance company in its written statement before the tribunal denied issuing such certificate and alleged that such xerox copy was false and ..... including our high court, after following the decisions of the supreme court, have deprecated the practice of the insurance company to prefer appeal against the award passed under section 140 of the motor vehicles act, 1988, the present appeal has been filed.5. the only contention of the appellant in the said application ..... judgment and award that such question was raised by the insurance company at the hearing of the application under section 140 of the said act. even an officer of the insurance company was examined who deposed, inter alia, that the appellant has no office at branch no. iv, division 16, chittaranjan avenue, calcutta, but during .....

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Oct 07 2004 (HC)

Munshaw Industries, Proprietor, Texind Corporation Pvt. Ltd. Vs. Emplo ...

Court : Mumbai

Reported in : 2005(2)ALLMR39; 2005(3)BomCR376; [2005(106)FLR346]; (2005)IILLJ112Bom

..... place in mumbai.3. on 4.631981, the insurance inspector of the employees state insurance corporation inspected the records of m/s. munshaw industries and found that contribution towards the employees state insurance corporation had remained unpaid by the appellant. on 22.12.1983, the corporation called upon the appellant to pay the contributions under the employees state insurance act since they employed 21 workmen in ..... the appellant to pay rs. 303338/- as contribution towards the employees state insurance.4. being aggrieved by this order, the appellant preferred an application under section 75 of the employees state insurance corporation act (for short, hereinafter referred to as 'the act') before the employees state insurance court on 2.4.1985 claiming that the act was not applicable to it. the appellant claimed that it employed only .....

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Mar 23 1967 (SC)

Union Co-operative Insurance Society Ltd., Bombay Vs. Commissioner of ...

Court : Supreme Court of India

Reported in : AIR1968SC78; [1967]37CompCas713(SC); [1967]66ITR360(SC); [1967]3SCR279

..... insurance act, 1938, to be furnished to the controller of insurance after adjusting such balance so as to exclude from it any expenditure other than expenditure which may under the provisions of section 10 of this act be allowed for in computing the profits and gains of a business.........' 6. by s. 15 of the insurance act 4 of 1938 every insurer ..... . 11 of that act. by s. 11(1) of the insurance act every insurer is directed to prepare at the expiration of each calendar ..... is directed to furnish to the controller of insurance, among others, the audited accounts and statements referred to in s .....

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