Supreme Court — Judgments of 2004

881 reported judgments of the Supreme Court from 2004 — page 9 of 9.

  • MUHAMMAD SALEEM v. SARDAR ALI 2004 SCMR 1640

    Under Section 25 of the West Pakistan Land Revenue Act (XVII of 1967), Section 42 Civil Procedure Code (VV 1908), the passage of the vacant land settlement law, the approval of the change of inheritan…

  • MUHAMMAD ARSHAD v. THE STATE 2004 SCMR 1645

    Section 302 Constitution of Pakistan (1973), Article 185 (3), the testimony of the prosecution provided a beautiful explanation of the prosecution's presence at the time of the incident, as they said …

  • PROVINCE OF THE PUNJAB v. MUHAMMAD ASLAM 2004 SCMR 1649

    Excluding agricultural land to urban areas under Section 2 (i) (G) and 3 Lahore Development Authority Act (XXX of 1975), Sections 4, 18 and 27 of Punjab Development of States Act (XIX of 1976). Which …

  • MUHAMMAD YOUSAF BUTT v. CENTRAL BOARD OF REVENUE 2004 SCMR 1654

    Article 212 Estacode, Ch. X, Serial No. 7 Government employee seeking premature retirement upon completion of 25 years of qualifying service for health reasons, which was finally accepted by notificat…

  • Messrs DAWOOD COTTON MILLS LTD. v. K.F. DEVELOPMENT CORPORATION LTD. 2004 SCMR 1660

    Sections 14 and 29 Constitution of Pakistan (1973), Article 185 (3) Award of interest in award proceedings were not challenged by award of markup on the award amount before the date of the ruling of t…

  • FEDERATION OF PAKISTAN v. GOHAR RIAZ 2004 SCMR 1662

    Section 6 (1) (2) Removal from the Service (Special Powers) Ordinance (XVII of 2000), Section 3 [Amended] Constitution of Pakistan (1973), Article 1212 (3) Removal of Employee Services for Misconduct …

  • HABIB KHAN v. Mst. BAKHTMINA 2004 SCMR 1668

    Section 115 conclusions regarding the concurrence of the facts cannot be justified and may be turned over to the jurisdiction of the review by the High Court if it fails to consider inadequate evidenc…

  • Dr. MUBASHAR AHMED v. P.T.C.L. through its Chairman, Islamabad 2004 SCMR 1673

    Article 212 (3) Appeal for leave to appeal No special question of public importance law is involved in guaranteeing leave under Article 212 (3) of the constitution;…

  • FEDERAL GOVERNMENT MINISTRY OF DEFENCE v. Sepoy LIAQAT ALI 2004 SCMR 1676

    Section 302 (b) of the Constitution of Pakistan (1973), Arts 185 (3) and 199 (3) of the relevant time has been alleged that he was on duty in his unit and as a member of Pakistan's Armed Forces Pakist…

  • COLONY TEXTILE MILLS LTD., MULTAN v. CHIEF EXECUTIVE, MULTAN ELECTRICITY POWER COMPANY LTD. (MEPCO), MULTAN 2004 SCMR 1679

    Article 38 Electricity Act (IX of 1910), Sections 26 (6) and 26 of the Constitution of Pakistan (1973), Art, 185 (3) Inspection Office and Electric Inspector Power Issuing Bill for Detection of Power …

  • PAHNA and others v. MEMBER (CONSOLIDATION) BOARD OF REVENUE, PUNJAB 2004 SCMR 1690

    Article 10 Constitution of Pakistan (1973), Article 185 (3) Objection of Stabilization Scheme The previous occupation of the parties was consolidated in two places The large plot was at the place wher…

  • RAJA KHAN v. PATHANA 2004 SCMR 1693

    Sections 4 and 21 of Pakistan (1973), Art: 185 (3) premature right to self-determination, the use of proof of relationship The seller / applicant's dispute was that the trial was held at the teacher's…

  • ABDUL HANAN alias ABDUL MANAN v. Haji MUHAMMAD AKRAM PERACHA 2004 SCMR 1696

    Authorities of the Commonwealth Settlement, which vacated the title of Article 42 Constitution of Pakistan (1973), Article 185 (3), allotted the vacated property to various persons, including a common…

  • RIAZ ULLAH KHAN v. ASGHAR ALI 2004 SCMR 1701

    Gift transfer in favor of the wife was dealt with by the plaintiff on the basis of fraud. Donis presented the author of the registered gift deed, and the two minor witnesses who had fully proven the g…

  • MUHAMMAD TAHIR KHAN v. THE STATE 2004 SCMR 1703

    Section 302 Constitution of Pakistan (1973), Article 185 (3) FIR was immediately filed in which the possibility of any deliberation or consultation was completely ruled out and the reliance on the ocu…

  • MUHAMMAD AZIZ v. AKHTARAIN BEGUM 2004 SCMR 1709

    Article 24 Constitution of Pakistan (1973), Article 185 (3) premature payment of money (Zarim Shameem), non-payment of judicial act should be done with caution and proper diligence and any act of the …

  • Mst. KHAIR-UN-NISA CHANNA v. FEDERATION OF PAKISTAN 2004 SCMR 1714

    Section 18 of the Contract Act (IX of 1872), the execution of section 28, by the mortgagee of the property auction decision states that it will pay the deductible as per the schedule, if accepted, aga…

  • COLLECTOR OF SALES TAX AND CENTRAL EXCISE, LAHROE v. Messrs MANDIAL PAPER MILLS LTD. and others 2004 PTD 1714

    Article 5 (185) The order of justice was canceled by the Supreme Court, and after hearing the lawyers from the parties, the court allowed the applications to be turned into appeals. Some of the non-re…

  • PROVINCE OF PUNJAB v. MUBARAK HUSSAIN 2004 SCMR 1716

    The Constitution42 Constitution Constitution Constitution of Pakistan (1973), Article 185 (3) of the claim of suit property allotment by the settlement authorities under the applicant's claim by the c…

  • Haji FEROZE KHAN v. AMIR HUSSAIN 2004 SCMR 1719

    Article 13 Constitution of Pakistan (1973), Article 185 (3) regarding the facts, the use of evidence on the files, by the pre-emptor of the courts, the examiner stated that he was aware of the controv…

  • ABDUL RAHIM v. MUHAMMAD HAYAT 2004 SCMR 1723

    Arts 75 and 76 West Pakistan Land Revenue Act (XVII of 1967), Section 42 Special Relief Act (I of 1877), Section 42 Suite for any declaration of ownership of land ie mutation registration or encumbran…

  • TAJ DIN son of Pir Muhammad and others v. TAJ DIN 2004 SCMR 1726

    The courts below the complaint of the plaintiff finding out the facts regarding the suit land subject to Section Constitution Constitution Pakistan (1973), Article 185 (3) were that he was the owner o…

  • FARYAD ALI and another v. DEPUTY INSPECTOR-GENERAL OF POLICE, GUJRANWALA 2004 SCMR 1728

    Section 26 Appeal Code (XLV of 1860), Section 194 Criminal Code of Conduct (V9 1898), Sections 476, 195 and 497 of Pakistan (1973), Article 185 (3) were granted by the Supreme Court for consideration.…

  • MUHAMMAD SADIQ v. BASHIR AHMAD 2004 SCMR 1734

    Gift Registered Gift Dead Proof The accused had possession of the suit property The party had, in his free will, gifted the suit property to the defendant before his death, in writing to the Gift Fact…

  • Malik MUHAMMAD HUSSAIN v. Malik GHULAM QADIR 2004 SCMR 1735

    Section 25 Respect for Minors Father's Right After the Wife's Death The father did not contract a second marriage for the sake of his minor children The question of handing over the father to the mino…

  • Messrs PAKISTAN INTERNATIONAL AIRLINES KARACHI v. INAYAT RASOOL 2004 SCMR 1737

    Article 188 Rules of the Supreme Court, 1980, AXXVI, R 1 Review The review of the case is limited to reviewing the decision passed by the Supreme Court and is always limited to the essential aspects o…

  • Mst. ALLAH RAKHI v. TANVIR IQBAL 2004 SCMR 1739

    Article 5 and Schedule of the Constitution of Pakistan (1973), Article 185 (3) suit for recovery of articles on the dowry, based on such list the list of articles included in the judgment of the appel…

  • MUBARAK ALI v. MUHAMMAD RAMZAN 2004 SCMR 1740

    Section 115 Constitution of Pakistan (1973), Article 185 (3) With the request for revision, the decision of the wrong decision and the integration of the revision of the judgment was decided in two ca…

  • HABIB-UL-HAQUE alias AJAR v. UMER GUL 2004 SCMR 1743

    Articles 87, & 88 and 89, in connection with the maintenance and maintenance of the declared person's property, 87, & 88 and,, the declarations contained in the CRPC relating to the ownership and main…

  • ZUBAIR AHMAD and another v. SHAHID MIRZA 2004 SCMR 1747

    A. XXXVII Defendants of the trial on the basis of a dishonest examination of the case, denying their obligation to decide on the quality and stability of the court's jurisdiction to accept the conditi…

  • KHADIM HUSSAIN v. THE STATE 2004 SCMR 1755

    Section 9 409 Constitution of Pakistan (1973), Article 185 (3) did not face any prejudice presented by the 9 witnesses for hearing of the evidence of a competent prosecution by the court; confidence w…

  • Messrs FAZAL VEGETABLES GHEE MILLS (PVT.) LIMITED, INDUSTRIAL AREA, ISLAMABAD v. GHEE CORPORATION OF PAKISTAN (PVT.) LTD. 2004 SCMR 1758

    APNX, RR 1 and 2 Constitution of Pakistan (1973), Article 185 (3) The refusal of a temporary injunction against the bank guarantee injunction was upheld by the appellate court and the High Court in th…

  • GOVERNMENT OF PAKISTAN v. S.H.T. LEELAN 2004 SCMR 1761

    Citizens under Section 2 (1) (d) (i) (ii) and 59 (4) of the Official Secrets Act (XIX of 1923), Sections 3 of Pakistan (1973), Arts 185 (3) and 199 of the Government Secrets Act Detention, 1923 read w…

  • SASTAY KHAN MASOOD v. THE STATE 2004 SCMR 1766

    Section 5 (2) of the Vanal Code (XLV of 1860), Article 161 of 1973 (1973), Art 185 (3) showed no prejudice in the defect of the accused for any defect or disorder. The inquiry, if any, did not affect …

  • ABDUL HAKEEM v. KHALID WAZIR 2004 SCMR 1770

    Article 20 Constitution of Pakistan (1973), Article 188 Supreme Court Rules, 1980, OXV, R1 Civil Procedure Code (v. 1908), OXLVII, R1 Review of the first decision in the review case of the Supreme Cou…

  • Messrs JOURNALIST PUBLICATION (PVT) LIMITED v. Mst. MUMTAZ BEGUM alias MUSTARI BEGUM 2004 SCMR 1773

    Sections 10 (3) and 15 (2) (ii) of Conan Shahadat (10 of 1984), Article 129 (e) rent after refusing to accept it by default order of landlord in payment of rent. Controller dismissed dismissal. The de…

  • CHINA PETROLEUM ENGINEERING CONSTRUCTION v. KHATTAK ALLIED CONSTRUCTION COMPANY 2004 SCMR 1777

    Article 3 ((3) (d) Final Evidence of Fact Findings by Courts below the Recovery of Evidence) As a subcontractor to the claimant of the Supreme Court jurisdiction, he has fulfilled his contractual obli…

  • SHAHZADO SHAH through Legal heirs and another v. M. SARDARO 2004 SCMR 1783

    The proof of the hereditary sect was that of a Sunni or Shi'ite slayer, an unmarried widow and brother's brother-in-law, that the deceased, belonging to Shia sect-proof Burden, was entitled to inherit…

  • Mst. ZAINAB v. Mst. MUNI 2004 SCMR 1786

    Sections 42 and 54 of the Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sections 10 and 25 of the Code of Civil Procedure (VV 1908), Sections 9 and 11 of Pakistan (1973) Ar…

  • GHULAM AHMAD HUSSAIN v. FAISAL FAROOQ 2004 SCMR 1790

    Article 185 (3) Appeal for leave to appeal The demand for effect of a new petition raised by the petitioners was never raised to the High Court. The court especially when no such matter was ever settl…

  • MUHAMMAD AMIN v. THE STATE 2004 SCMR 1792

    Section 191 criminal code of conduct (v. 1898), section 161 contradicts the statements of witnesses before the police, and subsequently the court effect witnesses are accused of making contradictory s…

  • Qazi SHAMSUR REHMAN v. Mst. CHAMAN DASTA 2004 SCMR 1798

    Sections 5 and 7 Provincially Administered Tribal Areas (Enforcement System Sharia) Rules, R3 (8) Civil Procedure for Provincially Administered Tribal Areas (Special Supplies) Regulations (II of 1975)…

  • MUHAMMAD RAMZAN v. ABDUL GHANI 2004 SCMR 1803

    Article 21 Legislative martyrdom (February 10, 1984), Article 114 Principle of entitlement, Practical application of the principle of colonialism Affecting the new application The relevant conclusions…

  • ARIF SHARIF v. CHAIRMAN, NAB 2004 SCMR 1805

    For the purposes of section 24 constitution of Pakistan (1973), Article 185 of the National Accountability Ordinance, 1999, for the purposes of the appeal before the Supreme Court, for a period of mor…

  • AYYAZ AHMED v. ALLAH WASAYA 2004 SCMR 1808

    Section 302 and 436 Criminal Code of Conduct (V9 1898), Section 544 Termination of Terrorist Activities (Special Courts) Act (XV of 1975), Section 4 and Schedule Evidence The unique event of burning d…

  • HOUSE BUILDING FINANCE CORPORATION v. Syed MUHAMMAD ALI GOHAR ZAIDI 2004 SCMR 1811

    Regulation 11 Service Tribunals Act (LXX of 1973), Sections 2A, 4 and 5 Civil Servants Act (LXXI of 1973), Section 17 Special Relief Act (I of 1877), Sections 42 and 54 of the Limitation Act (IX of 19…

  • NIGHAT YASMIN v. PAKISTAN INTERNATIONAL AIRLINES CORPORATION, KARACHI 2004 SCMR 1820

    Regulations 25 and 26 Service Tribunals Act (LXX of 1973), Section 4 Constitution of Pakistan (1973), Article 1212 (3) Staff Welfare Officer (Pay Group Fifth) upon completion of 25 years by order of t…

  • THE STATE v. Agha WAZIR ABBAS 2004 SCMR 1824

    Section 10 Constitution of Pakistan (1973), Article 185 (3) of the High Court had appealed against the success of the accused to the state government court, while dealing with the matter on a merit be…

  • NAWAB v. GHULAB 2004 SCMR 1833

    Article 42 West Pakistan Stability Holding Ordinance (VI 1960), Article 26 Constitution of Pakistan (1973), Article 185 (3) Land Stabilization The jurisdiction of the civil courts, the plaintiff sough…

  • GHULAM SARWAR v. ALLAH YAR 2004 SCMR 1836

    Controversial Possession of Recovery from Occupation of Sections 8 Limitation Act (IX of 1908), Section 28 Constitution of Pakistan (1973), Article 185 (3), the Appeal Court affirmed, but the reviewin…

  • MEHMOOD AKHTAR v. DISTRICT JUDGE, ATTOCK 2004 SCMR 1839

    The detention of a minor is not an absolute right to rule on the principle of trivial privilege, but it is always subject to the welfare of the minor court in the light of the law on this subject. The…

  • HUSSAIN SHAH and 31 others v. GHULAM HASSAN 2004 SCMR 1844

    Issue of Section 42 Civil Procedure Code (v. 1908), A XLI, Rr 23 and 24, to produce additional issue but the High Court set aside additional issues in the exercise of the jurisdiction and after record…

  • BAHMAN KHAN v. MUHAMMAD KHAN 2004 SCMR 1849

    Section 8 and 42 Civil Code of Conduct (v. 1908), Article 115 Constitution of Pakistan (1973), Article 185 (3) Title and possession of suit property, the present findings of facts by the courts below …

  • SHER JANG v. DISTRICT JUDGE, ISLAMABAD 2004 SCMR 1852

    Sections 17 and 19 of the Constitution of Pakistan (1973), Article 185 (3) were granted by the Supreme Court for consideration. Should the tenant be ordered to evict the tenant by default on payment o…

  • Syed MUHAMMAD UMER SHAH v. BASHIR AHMED 2004 SCMR 1859

    The opinion of the Art 59 Handwriting Specialist was convinced that even though the handwriting expert was examined in this case, his statement did not extend to the applicant, otherwise weak evidence…

  • REHMAT ULLAH alias RAJA v. HOME SECRETARY, PUNJAB, LAHORE 2004 SCMR 1861

    Sections 7 and 12 of Pakistan (1973), Arts 45 and 185 (3) commute the death sentence to the lesser offender before the death sentence of the required accused before the High Court and the Supreme Cour…

  • BASHIR AHMED SOLANGI v. CHIEF SECTRETARY, GOVERNMENT OF SINDH, KARACHI 2004 SCMR 1864

    Section 4 Constitution of Pakistan (1973), Article 1212 (3) applies the seniority list to the principle of cadre. Were posted. The public servant of the institute has been in the institute for eightee…

  • MUHAMMAD JAMIL v. THE STATE 2004 SCMR 1871

    The Constitution of Sections 7 and 12 of Pakistan (1973), Article 185 (3) changed the death sentence of a minor to life imprisonment and the death sentence of the accused on non-death of the accused w…

  • FARASAT HUSSAIN v. PAKISTAN NATIONAL SHIPPING CORPORATION 2004 SCMR 1874

    Article 212 (3) Appeal for leave for appeal No question but before that the jurisdiction of the service tribunal was never raised and the service tribunal was never agitated before discussing the appe…

  • Mrs. RIAZ QAYYUM v. THE STATE 2004 SCMR 1889

    Section 497 National Accountability Ordinance (XVIII of 1999), Section 9 bail, the separation of bail separation guarantees could not be made at the time of the decision to request a bail, but only a …

  • THE STATE v. TARIQ MOHSIN 2004 SCMR 1892

    Sections 561A & 265K Central Excise Act (I of 1944), Sections 3, 4, 9 and 9 (b) (d) National Accountability Ordinance (XXX of 1999); Section 561A, Cr. Section 656565 of the Court's inherent jurisdicti…

  • SALAH-UD-DIN v. ABDUL KHALIQ 2004 SCMR 1899

    R71 Constitution of Pakistan (1973), Article 185 (3) Non-payment of stamps at the place where the ballot papers are displayed, on the ballot papers, instead of stamping the symbol. Was sticking out in…

  • GHULAM MUSTAFA INSARI v. GOVERNMENT OF THE PUNJAB 2004 SCMR 1903

    Sections 85, 92, 75, 80, 81, 87, 89, 90 and 148 Movement Against Punjab Local Government (Moderators and Subordinates) Rules, 2003 Business Rule of Union Administration, 2002, Rr 3, 4, 5, 6, 9, 12 (2)…

  • MUHAMMAD ASHFAQ v. AMIR ZAMAN and others 2004 SCMR 1924

    Section 173 Constitution of Pakistan (1973), Article 185 (3) Final Report Report Re-Investigation of the Trial Case The opinion of the complainant was that the police re-investigated the matter after …

  • Messrs METROPOLE CINEMA (PVT.) LTD. v. GOVERNMENT OF THE PUNJAB 2004 SCMR 1927

    Sections 3, 5, 5A [as inserted by the Punjab Finance Act (VII of 1998)] and 10 West Pakistan Citizens Real Estate Rules, 1958, Proposal Letter No. SC Tax (E&T) 3 38/91. / PI, Date 1 3 10 2001 Property…

  • COLLECTOR OF CUSTOMS and another v. TARIQ SULTAN AND COMPANY and another 2004 PTD 1929

    Section 30 Central Excise Act (I of 1944), Section 3 (C) Central Excise Rules, 1944, R96Z Notification Section R No. 457 (1) / 96, dated 13th 1996, Pakistan (1973) Article 185 (3) the Supreme Court at…

  • Mst. AMATUL BEGUM- v. MUHAMMAD IBRAHIM SHAIKH 2004 SCMR 1934

    Sections 2 (a) (e) (h) and 15 evacuation requests were leased to the justice administration's jurisdictional dispute-covered tenant to remove the flour mill and the appeal was respectively rented. The…

  • MUHAMMAD IJAZ v. MUHAMMAD SHAFI 2004 SCMR 1938

    CHAP I, Volume IB, R 7 (c) Constitution of Pakistan (1973), Article 185 (3) Appeal was granted by the Supreme Court for approval. Even on 30 5 1963, in the absence of a civil judge under R7 (c), the T…

  • RAHM BADSHAH v. ZALIA KHAN 2004 SCMR 1941

    Article 32 and the Constitution 32 Constitution of Pakistan (1973), Article 185 (3) The transfer of the knowledge of the transfer of suit boundary property for pre-emption was affirmed on 24 11 1998, …

  • THE STATE v. NASIM-UR-REHMAN 2004 SCMR 1943

    Section 9 (a), 18 (g) and 24 Criminal Procedure Code (V of 1898), the words of section 265 - Person \ as mentioned in section 9 (a) of the National Accountability Ordinance, 1999, section 265 K.C.R. E…

  • MUHAMMAD HUSSAIN v. MUHAMMAD SHAFI 2004 SCMR 1947

    Section 21 suit valuation act (VII of 1887), section 11 court fee act (VII of 1870), sections 7 (v) (c) and 7 (vi) pre-discrimination trial by false judge of suit in judicial fees Failure to raise obj…

  • CAPTAIN-PQ CHEMICAL INDUSTRIES (PVT.) LTD. v. Messrs A.W. BROTHERS 2004 SCMR 1956

    AXXI, Section 65 and 90 Constitution of Pakistan (1973), Article 185 (3) of the Duty of Court Auction for the sale of auction must be transparent and every effort can be made to bring the price closer…

  • ABU BAKAR SIDDIQUE v. COLLECTOR OF CUSTOMS, LAHORE 2004 PTD 2187

    Section 181 Central Excise Act (I of 1944), Section 34C Customs Act (VIII of 1878), Section 183 Powers to confiscate goods The option to pay fines and extortionate charges of confiscation of goods und…

  • Messrs FLYING BOARD AND PAPER PRODUCTS v. DEPUTY COLLECTOR, CUSTOMS 2004 PTD 2201

    Explanation of Sections 25 and 25b Section 25, Customs Act, 1969 Customs Act, Section 25 of the Customs Act, 1969, is a charging section for the customs authorities to determine the cost of goods for …

  • COLLECTOR OF CUSTOMS, CUSTOMS HOUSE, PESHAWAR v. ZARSHAD 2004 PTD 2211

    Sections 157 and 196 of the Constitution of Pakistan (1973), Article 185 (3) confiscate the vehicle authority based on the report of the Franz Science Laboratory that the vehicle was found to be smugg…

  • COLLECTOR OF CUSTOMS (APPRAISEMENT) CUSTOM HOUSE, LAHORE v. Messrs M. RAMZAN SEWING MACHINES COMPANY 2004 PTD 2214

    Section 13 and Sixth Schedule, Item No. 44 Section RO 588 (I) / 98, Dated 12 6 1998, Para (A) Section RO 987 (I) / 99, Dated 30 8 1999, Para (A) Sales Tax Exemption Plant and Machinery Section R582 (I…

  • COLLECTOR OF SALES TAX v. MUHAMMAD TAHIR 2004 PTD 2217

    Recovery of sales tax on energy consumed by Wapda, Sections 12, 13 and 25 under Article 199 of the Constitution under Article 199 of the Constitution, to challenge this levy without imposing the relev…

  • Messrs PAK FOREST INDUSTRIES (PVT.) LTD. v. FEDERATION OF PAKISTAN 2004 PTD 2243

    Section 33 Section R50 (I) / 1992, Date 28 1 1992 Section RO 484 (I) / 1992, dated 14 5 1992 Return of customs duty, claim for importer seller, goods by contract, whereby buyer The duty importer was o…

  • GENERTECH PAKISTAN LTD. v. INCOME TAX APPELLATE TRIBUNAL OF PAKISTAN, LAHORE 2004 PTD 2255

    Second Schedule, Item 176 and Section 80B (2) (b) Constitution of Pakistan (1973), Article 185 (3) were granted by the Supreme Court of Appeal so that it could consider whether the High Court had pass…

  • IFTIKHAR HUSSAIN and others v. THE STATE 2004 SCMR 1185

    Section 302 FIR review was deliberately delayed and was filed after preliminary investigation and consultation, the complainant did not challenge the bad order passed by the trial court and it was on …

  • IFTIKHAR HUSSAIN and others v. THE STATE 2004 SCMR 1185

    Section 302 FIR review was deliberately delayed and was filed after preliminary investigation and consultation, the complainant did not challenge the bad order passed by the trial court and it was on …

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