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judgment

or instrument [seeking a declaratory judgment that the regulation is unconstitutional] compare damage, injunction specific performance at performance default judgment : a judgment entered by a court after an entry of default against a party for failure

Wilful

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

New trial

has been thereby occasioned by the trial of the action'. [(English) R.S.C. 1883, Ord. XXXIX., r. 6] (2) Default or misconduct of the officer of the Court. As where a cause is, by mistake, entered in a

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Guarantee

a specified amount. [Constitution of India, Art. 366(13)] Guarantee, is in collateral engagement to answer for the debt, default, or miscarriage of another person, a promise to another as debtor to secure the payment of a debt

cancel

or part of the contract. c : to put an end to (a lease contract) because of the default of the other party NOTE: Under U.C.C. section 2A-505, a party that cancels because of the other party's

Debtors Act, 1869

Debtors Act, 1869 (32 & 33 Vict. c. 62).-This Act abolishes imprisonment for debt except incase of default of payment of penalties, default by trustees or solicitors, and certain other cases (see s. 4), and provides

Regularly

The word 'regularly' to mean payment of rent in a uniform and consistent manner without any breach or default. The legislature never contemplated that a single default could be condoned. This inference is fortified by the words

Declared

(1967) 2 SCR 762. (Constitution of India, Art. 141) is wider than the words 'found or made'. Declared defaulter should be an actual defaulter and not an alleged defaulter, B.S.N. Joshi and Sons Ltd. v. Nair Coal

Earnest money

the transaction gets through and the same is forfeited when the transaction falls through by reason of the default or failure on the part of the vendee, H.U.D.A. v. Kewal Krishan Goel, (1996) 4 SCC 249: AIR

Unica taxatio

of a special award of venire, where, of several defendants, one pleads, and one lets judgment go by default, whereby the jury, who are to try and assess damages on the issue, are also to assess damages

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