https://www.taxtmi.com/caselaws?id=169908 Waiver of a pre-emptive right under Section 26F of the Bengal Tenancy Act did not require a contract or consideration, because waiver is the abandonment of an existing right and, under Section 63 of the Indian Contract Act, a promisee may dispense with or remit performance without consideration. In pre-emption matters, conduct amounting to acquiescence or positive relinquishment can forfeit the right. The Court rejected the argument that waiver must rest on agreement and upheld the factual finding that the right had in fact been waived. The appeal was dismissed. en-us Fri, 17 Oct 1969 00:00:00 +0530 Tue, 12 May 2015 15:02:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=169908 Waiver of a pre-emptive right under Section 26F of the Bengal Tenancy Act did not require a contract or consideration, because waiver is the abandonment of an existing right and, under Section 63 of the Indian Contract Act, a promisee may dispense with or remit performance without consideration. In pre-emption matters, conduct amounting to acquiescence or positive relinquishment can forfeit the right. The Court rejected the argument that waiver must rest on agreement and upheld the factual finding that the right had in fact been waived. The appeal was dismissed. Case-Laws Indian Laws Fri, 17 Oct 1969 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=169908