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
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
wherein this Court in a case of disciplinary
enquiry allowed the plea of incompetence on the part of the disciplinary
authority to be raised ... because the merits of the case so demand
but because the technical plea of incompetence
succeeds."
(Emphasis supplied)
However, therein also all consequential benefits
impugned judgment proceeded to consider
the issue on a technical plea, namely, no prejudice has been caused to the
appellant by such non-examination
material on record, it should not be denied on hyper
technical pleas, as has been argued by the respondent's
counsel.
8. The learned
suit and that if the earlier suit is dismissed on a
technical plea, then also the provisions of order 2 rule
detailed dictum that substantial justice should not be sacrificed for hyper technical pleas based on strict adherence to procedural provisions. It is not so indicated
should suffer the fate of dismissal of the complaint on a technical plea of limitation brought about not by any conscious act of the complainant
accrued to employees could not be denied by the management on technical pleas. Learned Counsel would contend that there is no settlement between the APSRTC
crores.
11. The defendant has resisted the suit on certain
technical pleas arising from the court fees and the lack of
registration under the Income ... injunctive relief. Defendant no.1,
apart from raising the same technical plea, as in the first
suit, claimed that only a small amount had been