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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 20 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.
Supreme Court of India Cites 35 - Cited by 43 - S B Sinha - Full Document

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.
Supreme Court of India Cites 9 - Cited by 107 - A P Sen - Full Document
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