respondent that the defendant cannot be permitted to set up two inconsistent defences, that is, to plead that the document was a forgery ... consideration is, whether it is open to the defendant to take inconsistent defences of this character.
2. In the case of Mahomed Buksh Khan
more inconsistent sets of material facts and claiming relief thereunder in the alternative. It is said that since the Judicature Acts, inconsistent defences, such ... defence without leave, as many distinct and separate, and therefore inconsistent defences as he may think proper, subject only to the provisions contained in Rule
give any explanation in this regard. He
would also contend that, inconsistent defences taken
before the Trial Court will not come to the assistance ... Tanker. No doubt, the accused is at liberty take
inconsistent defences. But, however when he is
supposed to explain certain aspects within his
knowledge under
loan
availed by Kiran Kumar. The said three defences are
inconsistent. At this juncture the inconsistent defences of
the accused is worth to reproduce here ... cost of repetition, the accused has taken
inconsistent defences. The inconsistent defences failed to
inspire the confidence of this Court. Likewise, the
inconsistent defence
further argued that the Accused has raised
totally inconsistent defences and thereby her entire
defence suffers from doubt, suspicion and
improbabilities. Accordingly, prayed ... while cross-examining the
Complainant, the Accused has taken up two inconsistent
defences, thereby raising a serious doubt about her
defence. Likewise it is elicited
inconsistent and alternate pleadings in the same suit, and it was held that it was open to a party to put up inconsistent defences. Beaumont ... provisions of substantive law. Therefore, although it is permissible to plead inconsistent defences in the alternative, such as right of ownership and right of easement
open to the defendants to include in their written statement two inconsistent defences; secondly, if it was open to them to do so, whether their ... would have been open to the defendants to include two inconsistent defences in the alternative in their original written statement. In support of this proposition
only raised a false plea of alibi
but had also taken inconsistent defences viz; robbery and
consequent murder of deceased Sakina in his absence ... false and inconsistent defences taken in a case of murder.
It is held that such false pleas and inconsistent defences constitute
additional circumstance against
accused. He would also contend that the accused has
taken inconsistent defences regarding he only acting
as a surety by issuing a security cheque ... presumption on
the basis of preponderance of probability, but
considering the inconsistent defences raised by the
accused regarding availment of loan from the
complainant
during the present proceeding, the Accused has come up
with 4 inconsistent defences in his attempt to rebut the
presumptions available in favour ... clearly admitted the financial capacity of
the Complainant;
vii) There are inconsistent defences raised by the
Accused in his reply notice, in his chief-
examination
