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Indian Laws - Highlights / Catch Notes

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The doctrine of abuse of rights is founded upon the notion that ...


Abuse of Rights Doctrine: Exercising Legitimate Rights Excessively or Abnormally to Harm Others Can Lead to Loss of Rights.

May 18, 2018

Case Laws     Indian Laws     HC

The doctrine of abuse of rights is founded upon the notion that a party may have a valid right, including a procedural right, and yet exercise it in an abnormal, excessive or abusive way, with the sole purpose of causing injury to another or for the purpose of evading a rule of law, so as to forfeit its entitlement to rely upon it. The theory of abuse of rights has its origins in private law and is recognized in the great majority of national legal systems. - HC

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