impugned
judgment. But, insofar as the question of technical
plea which has been raised by the learned counsel on
the question of prayer ... constrained to observe that in
dealing with writs of Habeas Corpus, such technical
objections cannot be entertained by this Court.
19. Reference in this connection
recorded with
respect to the offence punishable under Section 498A,
irrespective of technicalities. The judgment of the High Court
quashing the proceedings initiated ... founded on a
legal construction which is wrong. So the technical plea
advanced by the learned counsel for the appellant that in
absence of appeal
been addressed on the merits of
the case and only technical pleas under Section
167(2) of the Criminal Procedure Code and Article
confine itself to a narrow
legalistic view and allow technical pleas to defeat
the beneficial provisions of the Section. Mr.
Nariman submitted that when ... Needle Industries case
(supra), this Court, inter alia, observed that
technical pleas should not be allowed to defeat the
beneficent provisions of Section
That is why it is perceived that the plea
of Res Judicata is not a technical doctrine
but a fundamental principle which sustains
the Rule ... four
kinds of effective answers to a suit
is "a plea by former judgment" and in
verse 10, Katyayana is quoted as
laying
joint venture
account provided for in the joint venture agreement. Rejecting the
plea of the appellant that in light of the decision of this Court ... communications. The said writ
petition was dismissed rejecting the plea of the NHL that the technical
experience of the constituents of the joint venture
evidence adduced on behalf of the accused in support of the
plea that he was a juvenile and if two views may be possible ... hyper-technical approach
should not be adopted while appreciating the evidence
adduced on behalf of the accused in support of the plea that
receive the said notice and the copy of the
inquiry report. The plea taken by the delinquent shows that he has
adopted a belligerent attitude ... kept the litigation alive for more
than two decades merely on technical grounds. The delinquent waited
till the conclusion of the purported fresh enquiry initiated
this Court in Kalpnath Rai (supra)
has not been taken note of. Technically speaking it can be held to be
per incuriam. There is nothing ... oral order could meet the requirement of
law remains merely a technical issue. Further, as there is nothing on
record to show that the investigation
cannot be permitted to be hidden under the
carpet of the legal technicalities...". The Government Order
granting sanction (Annexure R-I in that petition ... appellants are concerned...". Granting liberty to
the parties to raise all pleas before the Trial Court, the appeal
was dismissed. In the charge-sheet
