conduct of the appellant himself?
24. A person may waive a right either expressly or by necessary
implication. He may in a given case disentitle ... Even if he had a claim he would be deemed to
have waived the same for the reasons stated hereinafter
contends that in such circumstances, the respondent must be deemed to have waived its right to object and reference in this context is made ... having been taken at the initial stage, must be deemed to be waived. Indications to show that the statutory mandate is that the plea should
benefit or privilege conferred upon a person, can always be waived, unless the statute imposes a bar from contracting out. Some of the Labour Welfare ... upon persons contracting out of the statute. Therefore a workman cannot waive the benefit conferred by the statute. Looking at the same issue from
mandate in Rule 40 that in order
to exercise discretion of waiving or reducing
interest under Section 217, first assessment
must be completed and interest ... charged?
ii) the use of word „waive‟ against „cancel‟
signifies that exercise of discretion should
be before the assessment is completed and
not after
consent taken up for final hearing. Mr. Kanthak, learned Advocate General waive service on behalf of the respondents.
3. This writ petition under Article ... land. Such a statutory benefit cannot be taken away unless the landlord waives statutory right by express consent or by conduct. The purpose for providing
along with
an application under Section 151 CPC for waiving the
statutory period of six months, was listed on 26th May,
2003. The Addl.District ... Judge allowed the waiving of
statutory period of six months on the same date and also
recorded joint statement of both the parties
held that provisions of Rule 72A can be waived
the subsequent decision in Anto Nitto 's case
(supra) did not agree with the view ... held that
right cannot be waived and that was again followed
by subsequent Division Bench in Nedungadi Bank Ltd
v. Ezhimala Agrl.Product
decree of divorce was granted on ground of mutual consent by waiving the waiting period as laid down in the Statute.
4. In the instant ... filed and that statutory period of waiting could not have been waived even if it could be assumed that parties have so wished or desired
contended that since the defendant issued a second notice he has infact waived first notice and he therefore could not base the suit ... tenancy of the defendant was validly determined. The first notice was not waived and holding so he decreed the suit. The defendant preferred an appeal
agreement has expired is admitted. The question is
whether the petitioner had waived the condition stipulating the time
within which the award ... arbitrator is deemed to
have entered upon the reference, the petitioner had waived the
stipulation in the arbitration agreement as to the time within which
