Waiver - Law Dictionary Search Results
Home Dictionary Name: waiverWaiver
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...
waiver
waiver [Anglo-French, from waiver to waive] : the act of intentionally or knowingly relinquishing or abandoning a known right, claim, or privilege ;also : the legal instrument evidencing such an act compare estoppel, forfeiture NOTE: Acts or statements made while forming or carrying out a contract may constitute a waiver and prevent a party from enforcing a contractual right (as when an insurer is barred from disclaiming liability because of facts known to it when it issued the insurance policy). Varying standards are applied by courts to determine if there has been a waiver of various constitutional rights (such as the right to counsel) in criminal cases. ...
medical waiver
medical waiver A medical waiver permits an immigration applicant to be allowed into, or remain in the United States despite having a health condition identified as grounds of inadmissibility. Terms and conditions can be applied to a medical waiver on a case by case basis. Source: U.S. Citizenship and Immigration Services ...
visa waiver program (vwp)
visa waiver program (vwp) Citizens of participating countries meeting the Visa Waiver Program requirements to may be allowed to enter the United States as visitors for pleasure or business without first getting a visa. Visitors can stay only 90 days and can not extend their stay. Go to U.S. Department of State information on the Visa Waiver Program to learn more. Source: Department of State. March 2007. ...
Estoppel and waiver
Estoppel and waiver, Waiver is distinct from estoppel in that in waiver the essential element is actual intent to abandon or surrender right, while in estoppel such intent is immaterial, Provash Chandra Dalui v. Biswanath Banerjee, 1989 Supp (1) SCC 487: AIR 1989 SC 1834: (1989) 2 SCR 401....
Waiver clause
Waiver clause. That clause in the prospectus of a joint stock company, or in the application for its shares, which, as in Greenwood v. Leather Shod Wheel Co., (1900) 1 Ch 421 (where it was held bad), waives claims of shareholders against directors for damages caused by the issue of a prospectus not disclosing contracts as required by s. 38 of the Companies Act, 1867. An honest waiver clause protected the defendant in Calthorpe v. Tait, 1906, AC 24. These waivers are rendered void by s. 35 (2) of the Companies Act, 1929, replacing s. 81 (4) of the Companies (Consolidation) Act, 1908. Consult buckley on the Companies Acts...
Waivers of the arrears of excise duty
Waivers of the arrears of excise duty, the expression 'waiver of the arrears of excise duty' can only mean waiver of something which has been paid and is payable, Union of India v. Alang Ship Breakers Ltd., AIR 1994 SC 51 (55): (1993) Supp (4) SCC 484....
lien waiver
lien waiver A document that releases a consumer (homeowner) from any further obligation for payment of a debt once it has been paid in full. Lien waivers typically are used by homeowners who hire a contractor to provide work and materials to prevent any subcontractors or suppliers of materials from filing a lien against the homeowner for nonpayment. Source: U.S. Department of Housing and Urban Development ...
waiver of ineligibility
waiver of ineligibility In immigration law certain foreign nationals are ineligible for visas to enter the United States for medical, criminal, security or other conditions and activities. Some applicants for visas are able to apply for permission to enter the United States despite the ineligibility. The applicant must apply for permission to enter the United States (waiver). Go to Classes of Aliens Ineligible to Receive Visas for more information. See also Ineligible/Ineligibility. Source: Department of State. March 2007. ...
national interest waiver
national interest waiver This is for physicians and doctors who work in an area without adequate health care workers or who work in Veterans Affairs' facilities. These physicians and doctors can file immigrant visa petitions for themselves without first applying for a labor certification. Source: Department of State. March 2007. ...
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