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Messer Holding Ltd vs Bombay Oxygen Corporation Ltd. And 12 ... on 16 March, 2017 cites

Gunwantbhai Mulchand Shah & Ors vs Anton Elis Farel & Ors on 6 March, 2006

I did not permit the Plaintiffs' counsel to argue to the contrary, and I cannot possibly accept their argument that I should follow the earlier Supreme Court decision in Gunwantibai Mulchand Shah & Ors v Anton Elis Farel & Ors.2 That is a decision rendered nine years earlier, and it was not under Section 9A of the CPC, a provision introduced by the Maharashtra amendment, but under Order XIV Rule 2 of the CPC.
Supreme Court of India Cites 12 - Cited by 95 - P K Balasubramanyan - Full Document

Sirajul Haq Khan & Others vs The Sunni Central Board Of Waqf,U. P. & ... on 16 September, 1958

The judgments of both the Courts below seem to me to have proceeded on a misunderstanding of the cases quoted, one case in particular being quoted under one reference as supporting the plaintiff and the same case under another reference as supporting the contesting defendants and both the learned Judges seem not to have grasped the difference between a suit for the cancellation of an instrument and a suit for a declaration that the instrument is not binding upon the plaintiff. Leaving aside for the moment the complication due to the fact that the plaintiff in this suit sues in a representative capacity, the distinction between the two classes of suits seems to me to be well established by the decisions. When the plaintiff seeks to establish a title in himself and cannot establish 5 Siraj-ul-Haq Khan & Ors v The Sunni Central Board of Wakf UP & Ors, AIR 1959 SC 198.
Supreme Court of India Cites 22 - Cited by 154 - P B Gajendragadkar - Full Document
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