well as Government being a model employer cannot take hyper technical plea to defeat the rightful claim of the applicants. When a challenge ... Hymanshu International (1979) 4 SCC 176 the Apex Court ruled that technical plea has to be avoided by the Government as a model employer
Gujarat State Fertilizers Co. Ltd vs Tata Motors Ltd on 9 January, 2015
Equivalent citations
section. It is unfortunate that the defendants came
forward with a technical plea that the suit was not
maintainable at the instance of the plaintiffs ... fresh notice had been given by them. This
was obviously a technical plea calculated to defeat
the just claim. Unfortunately, the technical plea so
raised
The Commissioner, Commercial Tax, U.P. ... vs S/S Jai Mata Di Cargo Services Pvt
SECL is required to
act fairly & reasonably and such a technical plea not available in
the NCWA ought not to have been taken ... Court has frowned upon the
practice of the Government to raise technical pleas
to defeat the rights of the citizens in Madras Port
Trust
plaintiff-Madam was invalid as well
as by raising a technical plea that the decision of the Additional
Settlement Officer that the suit land ... right therein by the Zamindar in plaintiffs
favour was valid; the technical plea of want of jurisdiction was
negatived and the suit was decreed
benefited itself by money belonging to employees cannot
resist claim on technical plea of limitation."
11. In the next judgment reported ... Plea of Limitation raised by employer cannot be characterised as technical
plea and rule 10 prescribing limitation for making application to the
Controlling Authority
same lines, that public bodies should resist the temptation to take technical pleas or defeat honest claims by legally permissible but marginally unjust contentions, including ... 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
adjudication of the claim on merits. It is not a technical plea. It is a plea on merits. The Privy Council in Charan ... proper period of time limited by the Act is a technical plea, if by a technical plea is meant a plea which asserts rights which
covered by the Full Bench Decision, but tried to raise a technical plea and he did raise it though half heartedly, on the basis ... contention of the learned Counsel for the parties. As regards the technical plea, it is well settled principle of law that technicalities should
