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Showing posts with label acquiescence. Show all posts
Showing posts with label acquiescence. Show all posts
Thursday, 30 June 2022

Whether principle of estoppel can override the law?

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  It is settled principle that principle of estoppel cannot override the law. The manual duly approved by the Executive Council will prevail...
Sunday, 21 November 2021

What is distinction between acquiescence and Laches?

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  Laches unlike limitation is flexible. However, both limitation and laches destroy the remedy but not the right. Laches like acquiescence i...
Tuesday, 5 February 2019

Whether a party who has knowingly accepted benefits of order can assail said order later?

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During the course of his submissions, Mr. Jafri, learned counsel for the petitioners has admitted that cost of Rs. 10,000/-, subject to wh...
Friday, 5 May 2017

Whether encroacher can raise plea of estoppel or acquiescence?

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 It is more than settled that the pleas of estoppel, acquiescence etc. have to be specifically pleaded and proved. It would be noticed th...
Saturday, 25 June 2016

Whether court should consider objection to jurisdiction while deciding to give decree on basis of arbitration award?

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 The other observations of the Civil Court that the objection of jurisdiction cannot be considered in a proceeding filed to get decree o...
Friday, 3 June 2016

Whether it is permissible to raise mutually destructive plea in industrial adjudication?

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A definite stand was taken by the employees that they had been working under the contractors. It would, thus, in our opinion, not lie in th...
Sunday, 2 August 2015

Whether mistake is fraud?

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A mistake is not a fraud. It may be discovered and in a given case it must be pleaded. Such plea must lead to a fundamental error. It can b...
Thursday, 1 May 2014

What constitute waiver of right under Securitization Act?

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  Waiver is an intentional relinquishment of a right. It involves conscious abandonment of an existing legal right, advantage, benefit,...
Wednesday, 9 October 2013

Whether Jurisdiction can conferred on court with consent of parties or by order of superior Court?

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 Indisputably, it is a settled legal proposition that conferment of jurisdiction is a legislative function and it can neither be conferre...