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Showing posts with label defence plea. Show all posts
Showing posts with label defence plea. Show all posts
Sunday, 5 January 2020

Whether small cause court can reject plaint considering defence plea?

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That said, as rightly contended by the respondents’ counsel, the maintainability of any suit depends on the suit pleadings, not on the r...
Friday, 19 April 2019

Whether plaint can be rejected considering defence plea that suit is barred by limitation?

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 What is relevant for answering the matter in issue in the context of the application Under Order VII Rule 11(d), is to examine the averme...
Saturday, 10 June 2017

When defence of unsoundness of mind of accused is not tenable?

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On the other hand, learned Counsel appearing on behalf of the Respondent-State of Maharashtra sought to justify the correctness of the f...
Wednesday, 30 December 2015

How to appreciate defence of accused in case of criminal misappropriation of property?

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There is no dispute that approximately 1,30,000 yards out of the cloth -entrusted to the company by the Textile Commissioner for dyeing ha...
Sunday, 10 May 2015

Whether accused can take defence of market practice in case of prevention of corruption Act?

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The accused persons have tried to take shelter behind what they have described as "market practices". Such practices even if exi...
Saturday, 4 April 2015

Whether Magistrate can take into consideration defence version at the time of taking cognizance?

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Considering the stage at which the criminal complaint is pending and the nature of proposed order, this Court would not like to express any...
Friday, 3 April 2015

Whether court can frame issue on the point when deft has not pressed said defence plea?

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 At the outset before raising points for determination, we may mention that several contentions were urged on behalf of defendants 3 to 6...