Default - Law Dictionary Search Results
Home Dictionary Name: defaultdefault
default [Anglo-French defalte defaute lack, fault, failure to answer a summons, from defaillir to be lacking, fail, from de-, intensive prefix + faillir to fail] 1 : failure to do something required by duty (as under a contract or by law): as a : failure to comply with the terms of a loan agreement or security agreement esp. with regard to payment of the debt b in the civil law of Louisiana : a delay in performing under a contract that is recognized by the other party NOTE: A party whose performance under a contract is delayed is not automatically in default. Rather, the law of Louisiana requires that the other party “put him or her in default” by a written or witnessed oral request for performance, by filing suit, or by invoking a specific provision in the contract. Moratory damages may be recoverable for loss caused by the delay. 2 : failure to defend against a claim in court (as by failing to file pleadings or to appear in court) see also default judgment at judg...
Default summons
Default summons, a procedure in the county courts for the summary recovery of a debt or liquidated demand. These summonses are of two kinds: (i.) Ordinary Default Summonses; and (ii.) Special Default Summonses. (i.) an Ordinary Default Summons is only applicable to liquidated demands between 2l. and 10l., and is not available against a working-class defendant, except in the case of a trade debt, where the claim exceeds 5l. The plaintiff can sign judgment after eight days from service if the defendant has failed to give notice of defence stating the facts upon which he relies. (ii.) A Special Default Summons is only applicable to liquidated demands over 10l., and cannot be issued against a working-class defendant, except for a trade debt incurred by him. The plaintiff can sign judgment as in (i.) unless the defendant has filed an affidavit of defence within eight days. A special default summons corresponds to the Order XIV. Procedure of the High Court.See (English) County Court Rules, 1...
Wilful default
Wilful default, implies intentional or conscious violation of obligation to pay the rent due; it may also be on account of supine indifference or callous or recalcitrant conduct, J. Jermons v. Aliammal, (1999) 7 SCC 382.Means either a consciousness of negligence or breach of duty, or a recklessness in the performance of a duty, Dictionary of Law by L.B. Curzon, p. 361, Chordia Automobiles v. S. Moosa, (2000) 3 SCC 282.Wilful default means an act consciously or deliberately done with open defiance and intent not to pay the rent, Chordia Automobiles v. S. Snoosa, AIR 2000 SC 1880 (1883): (2000) 3 SCC 282.A consensus of the meaning of the words 'wilful default' appears to indicate that default in order to be wilful must be intentional, deliberate, calculated and conscious, with full knowledge of legal consequences following therefrom, S. Sundaram Pillai v. V.R. Pattabiraman, AIR 1985 SC 582 (589): (1985) 1 SCC 591.Means a deliberate and intentional default knowing full well the legal cons...
Default
Default, omission of that which a man ought to do; neglect.When a defendant neglects to take certain steps in an action, which are required by the rules of Court, the Court may thereupon give judgment against him by default. The defendant allows judgment by default either intentionally or through mistake or neglect; intentionally, where he has no merits, or where he does so according to a previous agreement with the plaintiff; through mistake, when he delivers a pleading so defective that it is treated as a nullity; and through neglect, when perhaps he has no merits, but omits to appear, plead, etc., within the time limited by the rules of the Court for that purpose. This is an implied confession of the action. See the titles JUDGMENT, APPEARANCE, and PLEADING.It is defined as the non-performance of a duty, a failure to perform a legal duty or an omission to do something required, S. Sundaram Pillai v. V.R. Pattabiraman, (1985) 1 SCC 591: AIR 1985 SC 582: (1985) 2 SCR 643.It means non-...
Defaulting subscriber
Defaulting subscriber, 'defaulting subscriber' means a subscriber who has defaulted in the payment of subscriptions due in accordance with the terms of the chit agreement. [Chit Funds Act, (40 of 1982), s. 2(f)]...
Failure and default
Failure and default, Failure and default are synonymous terms. 'Failure' in the dictionary sense, means 'a falling short', 'a deficiency' or 'lack'. Default means omission of that which a man ought to do, Dhan Singh Ramkrishna Chaudhuri v. Laxminarayan Ramkishan, AIR 1974 SC 1613 (1616): (1974) 2 SCC 293: (1975) 1 SCR 94....
Order-on-default
Order-on-default, an order for release on bail under proviso (a) of s. 167(2) of the Code read with s. 20(4) of TADA is generally termed as an 'order-on-default' as it is granted on account of the default of the prosecution to complete the investigation and file the challan within the prescribed period, Hitendra Vishnu Thakur v. State of Maharashtra, (1994) 4 SCC 602: AIR 1994 SC 2623 (2636)....
notice of default
notice of default a formal written notice to a borrower that there is a default on a loan and that legal action is possible. Source: U.S. Department of Housing and Urban Development ...
Continuing default
Continuing default, in 'Words and Phrases', Permanent Edition, under the head 'Continuing Offence', instances have been given which indicate that as long as the default continues the offence is deemed to repeat and, therefore, it is taken as a continuing offence, Maya Rani Ponj v. C.I.T, AIR 1986 SC 293 (299): (1986) 1 SCC 445....
Default and failure
Default and failure, 'failure' in the dictionary sense, means's falling short', 'a deficiency' or 'lack'. Default means omission of that which a man ought to do, Dhan Singh Ramkrishna Choudhari v. Laxminarayan Ramkishan, (1974) 2 SCC 293: AIR 1974 SC 1613. [Bombay Tenancy And Agricultural Lands Act, 1948, s. 25(2)]...
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