Words and phrases -- Waiver - It is a intentional relinquishment of a right - It must involve conscious abandonment of an existing legal right, advantage, benefit, claim or privilege except for such a waiver, a party could have enjoyed - It is an agreement not to assert a right...........
Waiver -- To invoke the principle of waiver, person who is said to have waived must be fully informed as to his right and with full knowledge about the same, he intentionally abandons them - There must be a specific plea of waiver, much less of abandonment of a right by opposite party...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree whether discharged or satisfied - To be determined by Executing Court u/s 47 CPC - Executing Court must execute decree as it stands without adding anything to it...........
Civil Procedure Code, 1908, Section 47, 115 -- Execution - Appointment of Chartered Accountant by High Court for the purpose of determining as to whether decretal debt is satisfied - Issue as to whether decree has been discharged or satisfied has to be determined by Executing Court u/s 47 CPC - Executing Court must execute decree as it stands without adding anything to it..........
Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 13(3), 13(4), 13(6), 13(1)(a) -- Eviction - Provision of S.13(3) of the Act is mandatory - Court to fix provisional rent within three months of the filing of written statement but before framing of issues - Court to determine provisional rent irrespective of any application - If rent so determined by..........
Civil Procedure Code, 1908, Order 41, Rule 27, 23A, 25 -- Additional evidence at appellate stage - Additional evidence taken into consideration while deciding appeal without affording opportunity to opposite party to file rebuttal evidence to counter additional evidence - Appellate Court could have set aside judgment and remanded case to trial Court to enable parties to..........
Civil Procedure Code, 1908, Section 151 -- Suit for declaration and permanent injunction - Another suit for partition pending including parties to the present appeal - All the properties including the subject matter of appeal should be adjudicated in one suit though claimed by one party belonging to the family or/and its members and denied by the parties against each other..........
Arbitration and Conciliation Act, 1996, Section 34(5)(As -- Arbitration award - Setting aside - Provision of S.34(5) is procedural, the infraction of which leads to no consequence - However, it shall be the endeavour of every Court in which a S.34 application is filed, to stick to the time limit of one year from the date of service of notice to the opposite party by the..........
Constitution of India, 1950, Article 226 -- Writ petition - Service matter - High Court dismissed the writ petition filed against order of Employees Provided Fund Appellate Tribunal, cursorily without dealing with any of issues arising in case as also arguments urged by parties in support of their case - In absence of any application of judicial mind to factual and legal..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Parties living separately for last more than a decade - All attempts of reconciliation through mediation failed - There is absolutely no chance of living together to continue their marital life - In order to ensure that parties may live peacefully in future and their daughter be settled properly in her life, quietus may be..........
