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Indian Laws - Highlights / Catch Notes

Home Highlights May 2018 Year 2018 This

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

Indian Laws

May 18, 2018

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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