evidence on
record?
2. Whether there is any inconsistency in the pleadings of the
Respondent? If so its effect?
3. Whether the doctrine of estoppels ... interfere in the same.
2. Whether there is any inconsistency in the pleadings of the
Respondent? If so, its effect?
29. Mr. Kuhad has laid
upon payment of licence fee by GCBV. 2 Such inconsistencies and
changing nature of pleadings demonstrate TIMAB's intention to
mislead the Court
from a licensed entity absolve
infringement allegations? ..................................................................................................................160
A. Inconsistencies between the Defendants' pleaded and argued case ................160
B. The effect of replication process
shifting position of the Petitioner firm are
unequivocally inconsistent with the pleadings and significantly undermines
their credibility.
16. In further contradiction, in response to this
shifting position of the Petitioner firm are
unequivocally inconsistent with the pleadings and significantly undermines
their credibility.
16. In further contradiction, in response to this
shifting position of the Petitioner firm are
unequivocally inconsistent with the pleadings and significantly undermines
their credibility.
16. In further contradiction, in response to this
complainant resiled from the version pleaded in the complaint
and evidence affidavit. His cross-examination discloses material
inconsistencies sufficient to undermine the prosecution case ... stage that the amount
was given through cheque, which contradicts the pleaded case of cash
payment.
3.3. The complainant has taken shifting stands
resigned on 30th May, 2012.
28. The inconsistency in the Petitioners' case emerges from their own
pleadings. While asserting that Respondent
entered that service at all. The date pleaded in the prayer is, by itself,
inconsistent with the admitted record.
16. Even if one were
despite being aware of the
aforesaid factual position has given inconsistent findings in the Final Award
by denying the award of damages. Additionally ... Purchase Order. Mr. Bhandari has also referred to the pleadings of the
Respondent to buttress his submissions. He submitted that in the pleadings,
the Respondent