Consent And Implied Consent - Definition - Law Dictionary Home Dictionary Definition consent-and-implied-consent

Definition :

Consent and implied consent, the consent as en-visaged under s. 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965 would mean consent with some positive act which may lead to inference of conferring right on the tenant to sub-let the premises and mere inaction would not be sufficient to amount to implied consent on the part of the landlord, conservation, P John Chandy and Co. (P.) Ltd. v. John P. Thomas, AIR 2002 SC 2057 (2062): (2002) 5 SCC 90. [Kerala Buildings (Lease and Rent Control) Act (2 of 1956) s. 11 (4) (i)]

Requires voluntary participation not only after the exercise of intelligence based on the knowledge of the significance and moral quality of the act but after having fully exercised the choice between resistance and assent, State of Himachal Pradesh v. Mango Ram, (2000) 7 SCC 224.