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Showing contexts for: Motion Re in S. Bhagat Singh And Anr. vs The Piar Bus Service Ltd., Amritsar And ... on 12 December, 1958Matching Fragments
11. In re Greater Britain Products Development Corporation, (1924) 40 T.L.R. 488, Swift J. observed :
"Where it was clear that there was something to be answered and something to be investigated, the ordinary course, as far back as the Court had been able to trace, had been for the Judge to dismiss the summons or motion, but to leave it open to the party to bring his action,"
12. Courts in England have been of the view that if the case be one of difficulty and complication the Court should refuse the motion without prejudice to an action being brought, vide Re Heaton Steel and Iron Co., Simpson's Case, (1869) 9 Eq 91; Re National and Provincial Marine Insurance Co., Ex parte Parker, (1867) 2 Ch. A. 685; Beller by v. Rowland and Marwood's Steamship Co. Ltd., (1901) 2 Ch. D. 265; and In re Sussex Brick Co., (1904) 1 Ch. D. 598.