plaintiff-Madam was
invalid as well as by raising a technical plea that the
decision of the Additional Settlement Officer that the suit
land ... respondent's
64
favour was valid and negativing the technical plea of want
of jurisdiction decreed the suit by granting the necessary
declaration
liabilities and obligations
under the guarantee bonds themselves, as being "technical
pleas". The High Court, however, directed the respondent to
keep alive ... obligations
1130
under the guarantee bonds themselves, as being "technical
pleas."
On 17th May, 1983, as mentioned hereinbefore, an
agreement had been executed
fulfilled in this case but
the High Court having allowed the technical plea of the
defendants, the plaintiffs have - - been deprived of their
legitimate claim ... 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
Court has frowned upon the practice of the Government to
raise technical pleas to defeat the rights of the citizens in Madras Port
Trust ... 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
stand at par in such cases and
thirdly, whether on mere technical pleas, this Court should
interfere under Article 136 of the Constitution.
Dismissing ... interere under Article 136 of
the Constitution on a merely technical plea. It is only if
patent facts disclose a serious enough infringement
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
assail the order of the High Court dated
29.10.2011, on a technical plea, that the High Court in exercise of its
contempt jurisdiction could ... Constitution
of India, for debating and deciding the technical pleas advanced by the
appellants. We would rather invoke our jurisdiction under Article
Singh Baghel, learned counsel for the
respondent further submitted that the technical plea raised by the
respondent regarding defective affidavit was raised after seven years ... learned Judges of the Division Bench has appreciated that
the technical plea raised by the respondent regarding defective affidavit was
raised after seven years
also essential for us to take into consideration a
technical plea advanced at the hands of the learned counsel for the
appellants. It was submitted ... India.
23. We have given our thoughtful consideration to the aforesaid technical
plea advanced at the hands of the learned counsel for the appellants
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
