R. Sai Bharathi vs J. Jayalalitha & Ors on 24 November, 2003
Equivalent citations: AIR
compensation was granted is sought
to be over looked on the technical plea that the amount of
rental compensation is not under the Act. Even
object and purpose of the Act instead of accepting the
technical plea. There may not be dispute on the principles of law contained
Division Bench. We are not
favourably inclined to entertain this technical plea for the
above reasons.
We also find no substance in the submission made
compensation was granted is sought
to be over looked on the technical plea that the amount of
rental compensation is not under the Act. Even
relevant provisions in a technical [pic]or a narrow sense.
This position cannot be disputed. But in dealing with the plea raised by Mr
Dolia
life and liberty of a citizen, this Court should not stand on
technicalities and should give effect to the ratio in Triveniben 's
case ... Choudhary , (1992 (4) SCC 305) to substantiate the plea that the
petitioner had locus standi to present the petition in public
interest and this
N.D. Jayal And Anr vs Union Of India And Ors on 1 September, 2003
even marginal
overstepping. Due weightage has to be given to, and hyper technical
approach has to be avoided in considering what happens on the spur ... original aggressor, even after
the cause of reasonable apprehension has disappeared, the plea of right
of private-defence can legitimately be negatived. The Court dealing
even marginal overstepping. Due
weightage has to be given to, and hyper technical approach has to be
avoided in considering what happens on the spur ... original aggressor, even after the cause of reasonable
apprehension has disappeared, the plea of right of private-defence can
legitimately be negatived. The Court dealing