Laches unlike limitation is flexible. However, both limitation and laches destroy the remedy but not the right. Laches like acquiescence is based upon equitable considerations, but laches unlike acquiescence imports even simple passivity. On the other hand, acquiescence implies active assent and is based upon the rule of estoppel in pais. As a form of estoppel, it bars a party afterwards from complaining of the violation of the right. Even indirect acquiescence implies almost active consent, which is not to be inferred by mere silence or inaction which is involved in laches. Acquiescence in this manner is quite distinct from delay. Acquiescence virtually destroys the right of the person. Refer Footnote 18 Given the aforesaid legal position, inactive acquiescence on the part of the respondent can be inferred till the filing of the appeal, and not for the period post filing of the appeal. Nevertheless, this acquiescence being in the nature of estoppel bars the respondent from claiming violation of the right of fair representation.
2021 ALL SCR (ONLINE) 654
Supreme Court
JUSTICE L. NAGESWARA RAO JUSTICE SANJIV KHANNA
THE CHAIRMAN, STATE BANK OF INDIA AND ANOTHER Vs. M.J. JAMES
CIVIL APPEAL NO. 8223 OF 2009
16th November 2021
Author: SANJIV KHANNA, J.
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