Evidence Act, 1872, Section 115 -- Waiver and estoppel - Principle of waiver is akin to principle of estoppel - But difference between the two lies in the fact that while estoppel is rule of evidence and not cause of action and waiver may constitute cause of action...........
Words and phrases -- Waiver - Mere acts of indulgence will not amount to waiver and party setting up plea of waiver, cannot have benefit from waiver unless he has altered his position in reliance on it...........
Arbitration and Conciliation Act, 1996, Section 12(5) -- Proviso - Three components of S.12(5) Proviso of the Act are: (i) parties can waive the applicability of S.12(5) of the Act; (ii) said waiver can only take place subsequent to dispute having arisen between parties; and (iii) such waiver must be by an express agreement in writing...........
Indian Contract Act, 1872, Section 63 -- Waiver - Involves voluntary relinquishment of a known legal right, evincing awareness of the existence of the right and to waive the same...........
Indian Contract Act, 1872, Section 63 -- Waiver - Can be deduced from acquiescence...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months - Both parties filed application for waiving of statutory period - Almost 4 years have lapsed from date of marriage and 2 years have lapsed from their separation - Parties agreed that both the daughters of parties shall remain with husband - Merely because husband desires to remarry..........
Equity -- A trespasser or encroacher has no equity in his favour and even the principles of estoppel by conduct or principle of standby or principle of waiver or acquiescence is not applicable in such cases...........
Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7 -- Admissibility of document - Objection is directed towards mode of proof alleging same to be irregular or insufficient - Failure to raise prompt and timely objection with regard to mode of proof amounts to waiver of necessity for insisting on formal proof of document itself, which is sought to be proved as..........
Indian Contract Act, 1872, Section 63, Electricity Act, 2003, Section 61, 62, 63 -- Waiver of right - Waiver of provision of PPA by one of the parties - Resulting in hike in electricity tariff, thereby affecting public interest - If any element of public interest is involved and a waiver takes place by one of the parties to an agreement, such waiver will not be given..........
Transfer of Property Act, 1882, Section 107 -- Termination of tenancy - Mere demand of rent in suit cannot be stated to be waiver on part of plaintiff-respondent to notice of termination of tenancy because filing of suit shows clear intention of respondents to terminate tenancy and to seek eviction of appellants from demised premises...........
