Wilful, deliberate conduct of a person who is a free agent, knows that he is doing and intends to do what he is doing, Dictionary of Law by L.B. Curzon, p. 361. See also Chordia Automobiles v. S. Moosa, (2000) 3 SCC 282.
Means 'governed by Will without yielding to reason or without regard to reason; obstinately or perversely self-willed, Webster's Third New International Dictionary, p. 2617; see also Chordia Automobiles v. S. Moosa, (2000) 3 SCC 282.
Means intentional; not incidental or involuntary.
Wilful means done intentionally, knowingly, and purposely, without justifiable excuse as distingui-shed from an act done carelessly; thoughtlessly, heedlessly or inadvertently;
In common parlance word wilful is used in sense of intentional, as distinguished from accidental or involuntary, Word and Phrases, Chordia Automobiles v. S. Moosa, (2000) 3 SCC 282.
Means an act or omission which is done voluntarily and intentionally and with the specific intent to do something the law forbids or with the specific intent to fail to do something the law requires to be done, that is to say, with bad purpose either to disobey or to disregard the law. It signifies a deliberate action done with evil intent or with a bad motive or purpose, Ashok Paper Kamgar Union v. Dharam Gowdas, (2003) 11 SCC 1 (15).
Wilful act must be intentional, deliberate, calculated and conscious, with full knowledge or legal consequence following therefrom, State of Orissa v. MD. Illias, (2006) 1 SCC 275: AIR 2006 SC 258.
The words 'wilful' and 'wilfully' are frequently used in many statues. The meaning given to these words have differed in different contexts. Sometimes, any intentional act has been held to be a wilful act. [Re Young and Harston, (1885) 31 Ch D 168: 53 LT 837]. Often, it has been said that the word wilful suggests bad conduct or action though it does not necessarily connote blame, Wheeler v. New Merton Board Mills, (1933) 2 KB 669. Not infrequently the word has been used to mean that the act had been done with a bad purpose or without justifiable excuse or stubbornly, obstinately or perversely, United States of America v. Harry Murdock, 78 Law E 389. A review of various decisions brings out clearly the guiding principle that the meaning to be attached to the words 'wilful' or 'wilfully' has to be ascertained on a close examination of the scheme and nature of the legislation in which the words appear and the context in which they are used Ramchandra N. Kulkarni v. State of Mysore, AIR 1964 SC 1701: (1964) 7 SCR 606. (Post Office Act, 1898, s. 53)
In Black's Law Dictionary (Seventh Edn.) at page 1559 the word 'wilful' has been defined thus: 'Wilfulness' implies an act done intentionally and designedly; a conscious failure to observe care; conscious; knowing; done with stubborn purpose, but not with malice. The word 'reckless' as applied to negligence, is the legal equivalent of 'wilful' or 'wanton'. In the book A Dictionary of Law by L. B. Curzon, at page 361 the words 'wilful' and 'wilful default' have been defined thus: 'Wilful'- deliberate conduct of a person who is a free agent, knows what he is doing and intends to do what he is doing. 'Wilful default' - Either a consciousness of negligence or breach of duty, or a recklessness in the performance of a duty. In other words, 'wilful default' would mean a deliberate and intentional default knowing full well the legal consequence thereof. In Words and Phrases, Volume 11A (Permanent Edition) at page 268 the word 'default' has been defined as the non-performance of a duty, a failure to perform a legal duty or an omission to do something required. In volume 45 of words and phrases, the word 'wilful' has been very clearly defined thus: 'Wilful - intentional; not incidental or involuntary; done intentionally, knowingly, and purposely, without justifiable excuse as distingui-shed from an act done carelessly; thoughtlessly, heedlessly or inadvertently; in common parlance word 'wilful' is used in sense of intentional, as distinguished from accidental or involuntary. 'Wilful' refers to act consciously and deliberately done and signifies course of conduct marked by exercise of volition rather than which is accidental, negligent or involuntary. In Volume III of Webster's Third New International Dictionary at page 2617, the word 'wilful' has been defined thus: governed by will without yielding to reason or without regard to reason; obstinately or perversely self-willed, S. Sundaram Pillai v. V.R. Pattabiraman, AIR 1985 SC 582: (1985) 2 SCR 643: (1985) 1 SCC 591.