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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 1947 Page 1 of about 2 results (0.027 seconds)

May 08 1947 (PC)

Ramzan Ali Vs. Mt. Satul Bibi and ors.

Court : Allahabad

Decided on : May-08-1947

Reported in : AIR1948All244

..... be debarred from coming to court with a proper application. i can see no reason for treating an application differently from a plaint which if rejected under order 7, rule 11, does not debar the plaintiff from filing a fresh plaint under rule 13.47. under the old code of civil procedure (xiv of 1882), an application for leave to sue in forma pauperis could be ..... rejected under section 405 if the application was not framed or presented in the manner prescribed by section 403 or 404. section 407 proviled for rejection only on four grounds which are now ..... whether an order setting aside an ex parte decree was as 'case decided', lindsay j. observed that no definition of the word 'case' was to he found in the code of civil procedure and probably no exhaustive definition of the word could' be given, but he had no doubt that proceedings-for restoration of a case dismissed in default or for setting aside ..... objection was taken in the court below that the application was barred by order 83, rule 15 of the code as a similar application had already been dismissed. the learned civil judge held that 'the previous application was not rejected on merits. it was rejected as it was not properly verified.10. ramzan ali, defendant 1, has therefore filed this application in revision and .....

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Nov 05 1947 (PC)

Mohd. Sattar Vs. Behari Lal Jain

Court : Allahabad

Decided on : Nov-05-1947

Reported in : AIR1948All339

..... chandra : air1936cal488 it was held that in deciding whether a dispute between the parties over trade, marks should be brought in a civil or a criminal court, the real practical test is that the criminal procedure is only to be used in simple and clear-cut cases where a speedy relief is required by the prosecution. in all oases where ..... the learned sessions judge is not correct. nur mahamed khan v. emperor ('23) 10 a.i.r. 1923 all. 276, it was held that at the most the procedure in getting another magistrate to pronounce the judgment was a mere irregularity completely covered by section 587, criminal p.c. learned coun. sel for mohammad sattar relied upon queen- ..... , criminal p.c., by the learned sessions judge of mirzapur recommending that the order of acquittal of behari lal jain from offences under sections 482, 483 and 486, penal code, be set aside. briefly the facts are as follows:2. mohammad sattar, the complainant, is a manufacturer of bidis in mirzapur city. the packets of his bidis bear ..... the action was not maintainable and the accused were acquitted. it was held in revision that the com-plaint having been brought under section 7 of act 3[iii] of 1914 which had repealed act 20[xx] of 1817 and procedure about payment of fees having no place in the later act, the non-payment of the fee prescribed ..... of opinion that this is not a case in which this court should interfere with the order of acquittal recorded by the learned magistrate.13. the reference is rejected. let the record .....

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