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Showing posts with label waiver. Show all posts
Showing posts with label waiver. Show all posts
Tuesday, 14 November 2023

Can rights of the accused be waived by his Advocate?

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   In India, the rights of the accused cannot be waived by the advocate without the express and informed consent of the accused. The accused...
Friday, 21 October 2022

When can a contractual right be not waived?

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  This Court elucidated the general principle that everyone has a right to waive and to agree to renounce an advantage of law or Rule made s...
Sunday, 2 January 2022

How to prove that a party has waived his legal right?

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  The principle of waiver although is akin to the principle of estoppel; the difference between the two, however, is that whereas estoppel i...
Saturday, 25 December 2021

Whether a party is entitled to recover liquidated damages for breach of contract if waived it at the time of the first extension?

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This brings us to the waiver. It may be noted that ONGC waived liquidated damages twice before giving extension with pre-estimated damages. ...
Thursday, 6 May 2021

Whether the government can waive non-essential term in the tender if there is substantial compliance with tender terms?

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  In Jal Mahal Resorts (P) Ltd. v. K.P. Sharma  (2014) 8 SCC 804, the Supreme Court has quoted with approval B.S.N. Joshi & Sons Ltd. It...
Saturday, 30 November 2019

Whether legal representative of deceased person can waive objection that decree is nullity?

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It is true that a decree passed against a dead man is a nullity because it cannot be allowed to operate against his legal representatives ...
Wednesday, 6 February 2019

Whether it can be inferred that new tenancy is created if second quit notice is issued?

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 In the judgment rendered by Orissa High Court in Bhagabat Patnaik vs. Madhusudhan Panda, Section 113 has been interpreted to hold that si...
Wednesday, 26 December 2018

Whether objection to quit notice if not taken specifically is deemed to have been waived?

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 Thus when in paragraphs 1, 6 and 9 of the written statement the applicant did not dispute that the suit notice terminated the tenancy of ...

Whether inadvertent error in quit notice issued U/S 106 of transfer of property Act will invalidate it?

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 Justice P.N. Bhagwati, speaking for the bench and referring to the observations of Lord Justice Lindley in Sidabotham v Holland (1895) 1 ...
Sunday, 23 December 2018

Whether plea of waiver is to be specifically raised?

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 It is well established position that waiver is an intentional relinquishment of a right. It must involve conscious abandonment of an ...

Whether party is expected to state provision of law in pleading?

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 The respondent has also invited our attention to the fact that in Galada’s case (supra), this Court has had no occasion to consider the ...
Saturday, 24 November 2018

Whether parties can waive forum selection clause in arbitration proceeding?

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 The key question which arises for consideration in this case is whether the forum selection clause can be said to be effective and, if ...
Saturday, 10 November 2018

Whether tenant has deemed to have waived objection to validity to quit notice if he has not replied to said notice?

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 First, when the Appellant sent a quit notice dated 17.05.2012 to the Respondent Under Section 106 of the TP Act determining the tenancy a...
Sunday, 15 July 2018

Whether defendant can waive right to seek reference to arbitration?

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In the same case, in para No. 25, the Hon'ble Supreme Court observed that, not only filing of the written statement in a suit, but fil...
Thursday, 12 April 2018

Whether challenge to arbitral award on ground of payment of interest can be waived?

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Everyone has a right to waive and to agree to waive the advantage of a law made solely for the benefit and protection of the individual in...
Saturday, 11 November 2017

Whether it is permissible for landlord to waive change of user from residential to commercial use?

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The only question which has to be determined, therefore, is whether the tenant is entitled to urge that there is a waiver by the previous ...
Friday, 28 July 2017

Whether it is necessary to issue notice as per S 106 of Transfer of property prior to filing of eviction suit?

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When the tenant cannot be evicted unless the grounds are made out and the conditions laid down under Section 16 of the Maharashtra Rent Co...
Sunday, 23 July 2017

Whether licencee can claim protection of Bombay rent Act if he enters into fresh agreement of licence?

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When the licensee entered into fresh agreement of licence, that amounts to waiver or not ? or Whether in that case, i.e. in the case o...
Monday, 10 July 2017

How doctrine of waiver is applicable to arbitration proceeding?

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 In Karnataka State Road Transport Corporation vs. M. Keshava Raju, MANU/KA/0732/2003 : AIR 2004 Kant 109, the Karnataka High Court, cons...
Friday, 17 February 2017

Whether objection based on want of statutory Notice can be raised by defendants other than municipal corporation?

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  It would be, thus, clear that the language of Section 289 is also mandatory in nature as subsection (1) of Section 289 of the Municipali...