Waiver by conduct
Waiver by conduct legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Mere failure to take objection or to take action due to ignorance of breach of one's right, held, could not be said to give rise to any waiver by conduct.
"Waiver by conduct", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/13109
Precedents & Case Laws citing "Waiver by conduct"
1984 C L C 34
SHAUKAT ALI-Appellant Versus SAKHAWAT HUSSAIN Respondent
Court: --S.16 (2) Transfer of Property Act (IV of 1882), S.114 Waiver Default in deposit of rent coming to knowledge of landlord after two years Such knowledge imperfect inasmuch as landlord did not know actual date of default Withdrawal of amount of rent by landlord after he had knowledge of alleged default, neither alleged nor stated before Court Default being wilful or otherwise, a consideration resting with act or omission of tenant in depositing rent Withdrawal of rent by landlord in circumstances, held, would not waive his right of filing application under S.16 (2) or that his right affected by delay of over two years in making application Waiver by conduct would be relevant under S.114 of Transfer of Property Act, 1882, where landlord waived his right to forfeiture of lease by accepting rent, accruing due after breach of covenant having become known to him Sind Rented Premises Ordinance, 1979, does not limit any period of time for making application under S.16 (2). Waiver.1988 M L D 638
Before Yltalil‑ur‑Rehmalt, J Versus MUHAMMAD SHAFI‑‑Respondent
Court: Lahore1996 M L D 383
ABDUL GHAFFAR and another‑‑‑Appellants Versus FAUZIA DURRANI‑‑‑Respondent
Court: Lahore2012 M L D 1597
VICE-CHANCELLOR, UNIVERSITY OF BALOCHISTAN, QUETTA — Petitioner Versus CHANCELLOR, UNIVERSITY OF BALOCHISTAN, QUETTA and another Respondent
Court: Balochistan1982 S C M R 33
MUHAMMAD SALEH-Petitioner Versus MUHAMMAD SHAFI 'Respondent
Court: -- S. 13(6)-Ordinance having not prescribed any period within which application by landlord for striking off defence of tenant to be filed mere delay by landlord in filing such an application, held, cannot by itself amount to waiver-Landlord's failure to object to delay in depositing arrears of rent or non-deposit of rent by tenant-Does not amount to waivering of his right to apply for striking off defence of tenant.-Waiver-Delay.P L D 1995 Karachi 393
.through its Partner and 2 others‑‑‑AppellantsA Versus STATE LIFE INSURANCE CORPORATION OF PAKISTAN and 4 others ‑‑‑ Respondents
Court: No estoppel against law p.397 CP L D 1984 Peshawar 78
MUHAMMAD ASHIQ‑Defendant‑Petitioner Versus Sardar ABDUL HAYE KHAN AND 2 OTHERS‑Plaintiffs‑Respondents
Court: ‑‑ Ss. 4 & 21‑Civil Procedure Code (V of 1908), S. 115‑Pie‑emp tion‑Rival pre‑emptor having definite knowledge of sale actually acquiescing in it taking active participation in completion of sale transaction in favour of vendee (his wife) ‑Rival pre‑emptor, held, waived his right of pre‑emption as envisaged in S. 21, N.‑W. F. P. Pre‑emption Act. 1950 which could not be assailed in appeal‑Judgment and decree of trial Court upholding factum of waiver on part of such rival pre‑emptor maintained.‑Waiver.2016 Y L R Note 1
MUHAMMAD JAMAL — Petitioner Versus ADDITIONAL DISTRICT JUDGE-IV, KARACHI EAST and another-Respondents
Court: Sindh1986 C L C 1671
Syed JAMAL SHAH‑‑Appellant Versus Mst. TASMINA‑‑Respondent
Court: Karachi1985 C L C 150
MUSHTAQ AHMAD CHEEMA (through his Legal Heirs) — Appellant Versus KHURSHEED BEGUM — Respondent
Court: Karachi