acquiescence Archives

Section 51 of the Transfer of Property Act applies on transferee who makes improvements in good faith on a property, believing himself to be its absolute owner: Supreme Court

Supreme Court upheld the Himachal Pradesh High Court’s order holding the respondent as the owner of the encroached land, as an encroacher cannot claim benefit of Section 51 of the Transfer of Property Act, 1882.

Case Briefs International Courts

HEITEC v/s HEITECH| ECJ rules a warning letter for trademark infringement isn’t sufficient to end acquiescence

European Court of Justice (ECJ): In a far-reaching decision, the Bench of C. Lycourgos (Rapporteur), President of the Chamber, S.

Case Briefs Supreme Court

‘Acquiescence virtually destroys the right of the person’. SC distinguishes acquiescence from delay and laches

Supreme Court: Explaining the difference between acquiescence and delay and laches, the bench of L. Nageswara Rao and Sanjiv Khanna*, JJ has

Case Briefs Supreme Court

Explained: Waiver| An intentional relinquishment of a right; an agreement not to assert a right: Supreme Court

“Waiver is an intentional relinquishment of a right. It involves conscious abandonment of an existing legal right, advantage, benefit, claim or privilege.”

Case Briefs High Courts

Cal HC | “Acquiescence” only arises out of positive acts; to be differentiated from mere silence or inaction or from inordinate delay

Calcutta High Court: A Division Bench of I.P. Mukerji and Md. Nizamuddin, JJ., allowed an appeal filed against the order of the Single

Case Briefs High Courts

HP HC | “Silence amounts to acceptance”; Held, long period of silence and inaction on the part of petitioner amounts to acquiescence and estoppel

Himachal Pradesh High Court: Tarlok Singh Chauhan, J. contemplated a writ petition where the relief sought by the petitioner was ‘that the