Sunday, 13 May 2012
essential ingredient of waiver and admission
It was held that the essential element of waiver is that there must be a voluntary and intentional relinquishment of a known right or such conduct as warrants the inference of the relinquishment of such right. It means forsaking the assertion of a right to the proper opportunity. It was held that voluntary choice is the essence of waiver for which there must have existed an opportunity for a choice between the relinquishment and the conferment of the right in question.
Before the right of a party can be considered to have been defeated on the basis of an alleged admission by him, the implication of the statement made by him must be clear and conclusive. There should be no doubt or ambiguity about the alleged admissions."
Y.K. Sabharwal & Dr.AR.Lakshmanan.
JUDGMENT:
J U D G M E N T
https://www.lawweb.in/2012/05/essential-ingredient-of-waiver-and.html
Before the right of a party can be considered to have been defeated on the basis of an alleged admission by him, the implication of the statement made by him must be clear and conclusive. There should be no doubt or ambiguity about the alleged admissions."
Supreme Court of India
Dr. Karan Singh vs State Of Jammu & Kashmir & Anr on 13 April, 2004
Bench: Y Sabharwal, .Ar.Lakshmanan.
CASE NO.:Y.K. Sabharwal & Dr.AR.Lakshmanan.
JUDGMENT:
J U D G M E N T
https://www.lawweb.in/2012/05/essential-ingredient-of-waiver-and.html
