defence had actually been raised by the defendant, and even if raised, such defence was available to him or not, would be an alternative claim ... defence which had been raised by the defendant. This alternative defence is based upon Section 53 , Transfer of Property Act.
29. Mr. Gupta on behalf
incident to
police.
28. Learned counsel for the appellant has taken
alternative defence that the offence may be punishable
under Section ... Penal Code .
He relied on reported cases. In view of this alternate
defence, the position of law needs to be considered
and the facts
mentioned to us was that the alternative defence, viz., that the accused acted in self-defence or defence of their person, was not fully ... jury. The learned Judge, however, clearly pointed out the alternative defence to the jury, and we find it stated by the Judge in para
reason of the alternative stand taken by the
respondent, holding:
"It is no doubt true that the alternative defence is
raised at a very
mental impairment. However, we have
noticed that accused had adopted another alternative defence
which has been suggested during cross-examination of
prosecution witnesses ... accused. But the mere fact that accused adopted
another alternative defence during his examination under
Section 313 of the IPC without referring to Exception
statement, or, in the issues at the trial, to rely upon the defence of privilege, either absolute or qualified.
84. Here ... written statement, either as a substantial defence, or, as an alternative defence, and, also raised in the issues at the trial; because, in the case
Bank or the treasury at Roorkee. He was however
inconsistent in his defence as to what he did with the
moneys which he had undoubtedly ... possible 10 show any such thing in
view of the alternative defence taken by the appellant. We
therefore reject this contention.
The next contention that
belonging to the partnership or any of its partners.
Broadly stated, the defence of the 1st defendant the only
contesting defendant, the others either remaining ... creditors.- It
is, no doubt, true that the second or the alternative
defence is not open in the claim proceedings, but if however
the same
special circumstances under Section 46(3) of the Act as an alternative defence. It is the case of the respondent No. 1 that since
stated that the defendant
4
has a right to take alternative plea in defence
which, however, is subject to an exception that by
the proposed ... fact that defendant shall always be at liberty to take
8
alternate defence. Defendant cannot be permitted to
withdraw the admission by way of amendment
