considered
opinion of this Court, the State cannot take such technical plea,
particularly when an aggrieved party approaches the Court within
a reasonable period ... 2020]
relying upon technical pleas for the purpose of
defeating legitimate claims of citizens and do what is
fair and just to the citizens
authorities in defending just claims of citizens by pressing into service technical pleas like limitation. In this connection a reference deserves to be made ... Governments and public authorities adopt the practice of not relying upon technical pleas for the purpose of defeating legitimate claims of citizens and do what
Governments and public authorities adopt the practice of not relying upon technical pleas for the purpose of defeating legitimate claims of citizens and do what ... course, if a Government or a public authority takes up a technical plea, the Court has to decide it and if the plea is well
concerned are dealers within the meaning of the Act. Two other technical pleas are also taken, viz., that the suits are not maintainable ... learned District Judge while rejecting the technical pleas raised by the defendant State upheld its contention that all the plaintiffs were dealers within the meaning
bondholders is apparent and admitted, applicant has therefore raised
highly technical pleas by magnifying what are clearly minor rectifiable
irregularities. He, therefore, prays for dismissal ... learned
Judges of the Division Bench have appreciated that the technical plea raised by the
appellant regarding defective affidavit was raised after seven years
notification and the same should not be denied on mere technical pleas.
24. It would be appropriate at this stage to refer to the decision ... fair amount of compensation. The State should not take up a technical plea and defeat the legitimate and just claim. P.N. Bhagawati, CJ., speaking
would be taken that there was an abatement of the technical plea of abatement. Though Desai, J. gave a separate judgment, but has fully agreed ... additional reasons, apart from agreeing with the 'abandonment of the technical plea of abatement', and has pointed out that the principles underlying order
reason that he may not like to rely on a mere technical plea, or because in the case of cross-appeals, he may have ... sufficient for purposes of the cross-appeal. An abandonment of a technical plea of abatement and the consequential dismissal of the appeal is, therefore
will not be taken by the superior court. As frivolous and technical pleas of jurisdiction every now and then were being taken which resulted ... considered necessary in order to curtail frivolous and technical pleas in litigation. The statements and the reasons of a statute cannot be ignored
also held that the Court ought not to allow technical pleas to defeat the beneficent provisions of Section 397 .
11. The Learned Counsel ... manner burdensome, harsh and wrongful. The court ought not to allow technical plea to defeat Section 397 of Companies Act, 1956 and that Section warrants
