principle of waiver - Indian Laws - General

Principle of waiver Maxim Cuilibet licet renuntiare juri pro se introducto Any one may waive or renounce the benefit of a principle or rule of law that exists only for his protection. However, such a waiver cannot infringe any public right or public policy. In Krishna Bahadur v. Purna Theatre and Others, 2004 (8) TMI 685 - SUPREME COURT, this Court observed that, 10. A right can be waived by the party for whose benefit certain requirements or conditions had been provided for by a statute subject to the condition that no public interest is involved therein. Whenever waiver is pleaded it is for the party pleading the same to show that an agreement waiving the right in consideration of some compromise came into being. Statutory right, however, may also be waived by his conduct. In Halsbury's Laws of England, Vol. 8, Third Edn., para 248 at p. 143 it is stated thus: As a general rule, any person can enter into a binding contract to waive the benefits conferred upon him by an Act of Parliament, or, as it is said, can contract himself out of the Act, unless it can be shown that such an agreement is in the circumstances of the particular case contrary to public policy. Statutory conditions may, however, be imposed in such terms that they cannot be waived by agreement, and, in certain circumstances, the legislature has expressly provided that any such agreement shall be void. [PTC INDIA FINANCIAL SERVICES LIMITED- 2022 (5) TMI 813 - SUPREME COURT]