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1 - 9 of 9 (0.36 seconds)Article 309 in Constitution of India [Constitution]
The Air Force Act, 1950
The Police Act, 1949
Punjab National Bank By Chairman & Anr vs Astamija Dash on 30 April, 2008
In this
connection reference may be made to
decisions of the Supreme Court in the case of
Punjab National Bank and another vs.
Astamija Desai, (2008) 14 SCC 370, State of
Madhya Pradesh and others (supra) as well
as in the case of Lok Prahare (Supra). No
doubt, it is open to a party to waive an
advantage which a law seeks to confer on him
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however in order to constitute a waiver, there
must be voluntary and intentional
relinquishment of a right. The essence of a
waiver is a estoppel and where there is no
estoppel, there is no waiver. The estoppel and
waiver are questions of conduct and must
necessarily be determined on the facts of
each case.
The Right to Information Act, 2005
Municipal Corporation Of Greater ... vs Dr. Hakimwadi Tenants Association & Ors on 24 November, 1987
See Municipal Corporation of
Greater Bombay vs. Dr. Hakimwadi Tenants
Assn. 1988 Supp SCC 55. In the instant case,
from the conduct of petitioner who had been
repeatedly submitting representations, it
cannot be inferred that he had waived the
right. Besides that, it is trite law that there can
be no estoppel against the law. Accordingly,
the aforesaid issue is answered in negative.
Article 226 in Constitution of India [Constitution]
Narottam Das vs State Of U.P. And Others on 5 January, 2010
In this connection
reference may be made to the decision of the
Supreme Court in the case of Narotam Das vs.
State of Madhya Pradesh (supra). Therefore,
the fact that 1967 and 1971 rules have been
repealed has no impact on the claim of the
petitioner. The Rule 3(3)(v) of 1978 rules
deals with seniority of re-employed officers
which reads as under:
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