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
various courts on these subjects. As
noted above, the plea of res judicata, though technical,
is based on public policy in order
allowed to
`blow hot and cold' by taking inconsistent
pleas and by raising `technical' defence of
limitation.
25. The learned counsel
wherein this Court did not allow a new
plea as to age of the accused to be raised for
the first time in this Court ... beneficial and benevolent in
nature and no technical objection should be
raised that such plea was not taken before the
Courts below. [ Gopinath Ghosh
hyper-
technical approach should not be adopted while
appreciating the evidence adduced on behalf of the
accused in support of the plea that
filed before the learned District Judge, Gurgaon, before
whom the same plea was taken. But the High Court only referred to the
submission ... some
technical person regarding commission of theft and only then it would have
been substantiated. In the absence of that, the plea relating to theft
parties
knew that the said plea was involved in the trial,
then the mere fact that the plea was not expressly
taken in the pleadings ... expressly taken in the pleadings would
be purely formal and technical and cannot succeed in
every case. What the Court has to consider in dealing
trumpet interchange and access road had been initiated after
a complete technical re-survey and long before the date of the
sales in favour ... litigation failing with the court was precluded from
examining this plea. Reliance for this submission has been
placed on Keshab Rao vs. State of West
