Waive - Law Dictionary Search Results
Home Dictionary Name: waive Page 1 of about 40 results ( seconds)jury-waived
jury-waived : of, relating to, or being a trial in which the right to a jury trial has been waived ...
waive
waive waived waiv·ing [Anglo-French waiver weiver, literally to abandon, forsake, from waif weif forlorn, stray, probably from Old Norse veif something loose or flapping] 1 : to relinquish (as a right or privilege) voluntarily and intentionally [the defendant waived a felony hearing on the charge "National Law Journal"] compare forfeit, reserve 2 : to refrain from enforcing or requiring [some statutes the age requirement "W. M. McGovern, Jr. et al."] waiv·able adj ...
Waive
Waive, to forego, decline to take advantage of. 'A woman which is outlawed is called waived', Co. Litt. 122 b.1. To abandon, renounce or surrender (a claim, privilege, right etc.): to give up (a right, claim) 2. To refrain from instituting on (a strict rate formality, etc.); to forego, Black's Law Dictionary, 7th Edn...
Waiver
Waiver, in an intentional relinquishment of a known right. There can be waiver unless the person against whom the waiver is claimed had full knowledge of his rights and of facts enabling him to take effectual action for the enforcement of such rights, Dhanukdhari Singh v. Nathina Sahu, (1907) 7 Cal WN 848; Associated Hotels of India Ltd. v. S.B. Sardar Ranjit Singh, AIR 1968 SC 933: (1968) 2 SCJ 441. [Evidence Act, 1872, s. 115]Waiver, is the abandonment of a right in such a way that the other party is entitled to plead the abandonment by way of confession and avoidance if the right is thereafter asserted, and is either express or implied from conduct. A person who is entitled to rely on a stipulation, existing for his benefit alone, in a contract or of a statutory provision, may waive it, and allow the contract or transaction to proceed as though the stipulation or provision did not exist. Waiver of this kind depends upon consent, and the fact that the other party has acted on it is s...
Nullity and irregularity
Nullity and irregularity, as to 'irregularity' it has been stated that it is 'want of adherence to some prescribed rule or mode of proceeding'; whereas 'nullity' is 'a void act or an act having no legal force or validity'. The safest rule of distinction between an 'irregularity' and a 'nullity' is to see whether 'a party can waive the objection: if he can waive, it amounts to irregularity and if he cannot, it is a nullity', Krishan Lal v. State of J&K, (1994) 4 SCC 422 (432)....
Waif or Waift, Weif or Weft
Waif or Waift, Weif or Weft (waiviatum, Low Lat.] (1) Goods found but claimed by nobody; that of which every one waives the claim. (2) Goods stolen and waived (bona) or thrown away by the thief in his fight (bona waviata), for fear of being apprehended. These are given to the sovereign by the law, as a punishment upon the owner for not himself pursuing the felon and taking away his goods from him, Cro. Eliz. 694; 1 Bl. Com. 297....
Lien
Lien [answering to the tacita hypotheca of the Civil Law], a right in one man to retain that which is in his possession belonging to another, until certain demands of the person in possession are satisfied. It is neither a jus in re, nor a jus ad rem--i.e., it is not a right of property in the thing itself, or right of action to the thing itself.It is either particular, as a right to retain a thing for some charge or claim growing out of, or connected with, the identical thing; or general, as a right to retain a thing not only for such charges or claims, but also for a general balance of accounts between the parties in respect to other dealings of the like nature.General and particular liens may arise: (1) by an express contract; (2) by an implied contract, resulting from the usage of trade, or the manner of dealing between parties. General lines are not favoured in law, but some judicially recognized general lines are bankers', solicitors', factors', stockbrokers'. See Halsb. L.E., ti...
Relicta verificatione
Relicta verificatione. ['his pleading being aban-doned'] Where a judgment was confessed by cognovit actionem after plea pleaded, and the plea was withdrawn, it was called a confession or cognovit actionem relicta verification, 2 Chit. Arch. Prac.Formerly, a defendant who had pleaded a bad plea which was demurred to, could withdraw it by entering a relicta verificatione, upon which he would not have to pay costs until the plaintiff obtained judgment in the action; but by Reg. Gen. H.T. 1853, r. 8, 'a defendant shall not be at liberty to waive his plea, or enter a relicta verificatione after a demurrer, without leave of the Court or a judge, unless by consent of the plaintiff or his attorney', 2 Chit. Arch. Prac....
Will, Estate at
Will, Estate at. This estate entitled the grantee or lessee to the possession of land during the pleasure of both the grantor and himself, yet it creates no sure or durable right, and is bounded by no definite limits as to duration. It must be at the reciprocal will of both parties expressly or by implication (Co. Litt. 55 a), and the dissent of either determines it. The grantee cannot transfer the estate to another, although after he has entered into possession he may accept a release of the inheritance from the grantor, for there exists a privity between them. It must end at the death of either party, for death deprives a person of the power of having any will. If a lessee for years accept an estate at will in the property lease, his term of years would in law be surrendered.An estate at will is created either by the stipulation or express agreement of the parties, or by construc-tion of law.S. 54 of the Law of Property Act, 1925, enacts that a lease by parol for a longer term than t...
Taking any other step in the proceeding
Taking any other step in the proceeding, means the step must be such as would clearly manifest intention to waive benefit or arbitration agreement, Rachappa Gurudappa, Bijapur v. Gurusiddappa Nananiappa, 1989 (1) SCJ 14.The expression 'taking any other steps in the proceedings' must be given a narrow meaning and be confined to taking steps in the proceedings for resolution of the substantial dispute in the suit, Food Corporation of India v. Yadav Engineer & Contractor, AIR 1982 SC 1302 (1309): (1982) 2 SCC 499: (1983) 1 SCR 95. (Arbitration Act, 1940, s. 34)...
- << Prev.
- Next >>