Doctrine of Delay and Laches - Indian Laws - General

Doctrine of Delay and Laches As per the Halsbury s Laws of England (para 911, p.395): In determining whether there has been such delay as to amount to laches, the chief points to be considered are: (i) acquiescence on the claimant s part; and (ii) any change of position that has occurred on the defendant s part. Acquiescence in this sense does not mean standing by while the violation of a right is in progress, but assent after the violation has been completed and the claimant has become aware of it. It is unjust to give the claimant a remedy where, by his conduct, he has done that which might fairly be regarded as equivalent to a waiver of it; or where by his might fairly be regarded as equivalent to a waiver of it; or where by his conduct and neglect, though not waiving the remedy, he has put the other party in a position in which it would not be reasonable to place him if the remedy were afterwards to be asserted. In such cases lapse of time and delay are most material. Upon these considerations rests the doctrine of laches. STATE OF UTTAR PRADESH ORS. VERSUS ARVIND KUMAR SRIVASTAVA ORS.- 2014 (10) TMI 947 - SUPREME COURT