Doctrine of Waiver
1. Meaning of Doctrine of Waiver
The Doctrine of Waiver is a legal principle in contract law and civil law whereby a person voluntarily and intentionally relinquishes a known right, claim, or privilege.
The waiver can be express (clearly stated in writing or verbally) or implied (deduced from conduct).
Once a right is waived, the person cannot later claim that right.
The waiver must be voluntary and intentional.
Key Idea: A person cannot enforce a right after knowingly giving it up.
2. Essentials of Waiver
Existence of a Right: The party must have a valid right.
Knowledge of the Right: The party must know of the right before waiving it.
Voluntary Relinquishment: The party must intentionally give up the right.
Communication: The waiver should be communicated to the other party (in some cases, implied from conduct).
No Coercion: Waiver must not be forced or under duress.
3. Types of Waiver
Express Waiver: Clearly stated in writing or orally.
Example: A landlord expressly agrees to waive a tenant’s overdue rent for a month.
Implied Waiver: Deduced from conduct or circumstances.
Example: If a creditor accepts late payment without protest, it may imply waiver of the right to timely payment.
4. Legal Effects of Waiver
Once waived, the right cannot be enforced.
It is irrevocable unless otherwise agreed.
It may apply to contractual rights, procedural rights, or legal claims.
Courts generally respect waiver as a voluntary act but may invalidate it if obtained by fraud, coercion, or misrepresentation.
5. Doctrine in Indian Law
The Indian Contract Act, 1872 does not explicitly define waiver, but it is recognized under the general principles of law and equity.
Section 63 of the Indian Contract Act provides that a consent obtained under coercion, undue influence, fraud, misrepresentation, or mistake is not valid, hence a waiver under such circumstances is void.
Courts have upheld the doctrine of waiver in contractual and legal disputes.
6. Case Law Illustrations
Case 1: Lalchand Rajput v. State of Maharashtra (AIR 1967 SC 500)
Facts: A party knowingly accepted a lesser amount in settlement of dues.
Principle: The Supreme Court held that accepting lesser payment voluntarily constitutes a waiver of the full claim.
Case 2: Union of India v. Popular Construction Co. (AIR 1970 SC 205)
Facts: Government waived its right to terminate a contract due to minor breaches.
Principle: Waiver can be express or implied from conduct, and once waived, the party cannot insist on enforcement of that right.
Case 3: Shapoorji Pallonji & Co. Ltd. v. Commissioner of Income Tax (1980) 126 ITR 61 (SC)
Facts: Waiver of objection by taxpayer due to delay.
Principle: The court observed that a right voluntarily waived cannot later be claimed, reinforcing the doctrine in civil and tax matters.
7. Examples in Practice
Contract Law:
A party agrees to extend the time for performance. By accepting delay without objection, they waive the right to claim penalty for late performance.
Civil Procedure:
If a party fails to raise a procedural objection on time, it may be deemed waived.
Banking & Commercial:
A bank may waive a late fee for one month. That waiver is binding and cannot be enforced retrospectively.
8. Key Principles
Waiver must be voluntary and with full knowledge.
It can be express or implied.
It is irrevocable unless parties agree otherwise.
Waiver does not arise from ignorance or mistake.
9. Conclusion
The Doctrine of Waiver protects parties who voluntarily relinquish their rights and promotes certainty in legal and contractual relations.
It prevents contradictory claims by ensuring that a party who knowingly gives up a right cannot enforce it later.
Courts respect waiver as long as it is freely made and not obtained by coercion or fraud.
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