Forfeit - Law Dictionary Search Results
Home Dictionary Name: forfeitTo forfeit
To forfeit, Black's Legal Dictionary states that 'to forfeit' is 'to lose, or lose the right to, by some error, fault, offence or crime', 'to incur a penalty'. 'Forfei-ture', as judicially annotated, is 'a punishment annexed by law to some illegal act or negligence', something imposed as a punishment for an offence or delinquency'. The word, in this sense, is frequently associated with the word 'penalty'. According to Black's Legal Dictionary, The terms 'fine', 'forfeiture', and 'penalty', are often used loosely, and even confusedly; but when a discrimination is made, the word 'penalty' is found to be generic in its character, including both fine and forfeiture. A 'fine' is a pecuniary penalty, and is commonly (perhaps always) to be collected by suit in some form. A 'forfeiture' is a penalty by which one loses in rights and interest in his property, R.S. Joshi v. Ajit Mills Limited, AIR 1977 SC 2279: (1977) 4 SCC 98: (1978) 1 SCR 338....
forfeit
forfeit [Anglo-French, from Middle French forfait, past participle of forfaire to commit a crime, from fors outside + faire to do] : something forfeited or subject to being forfeited vt 1 : to lose or lose the right to by some default, failure, or neglect of obligation or duty or by some offense [shall to the United States…any proceeds which the person obtained, directly or indirectly, from racketeering activity "U.S. Code"] 2 : to subject to forfeiture [it shall be placed in the custody of the Collector, who…shall cause a notice of the seizure and intention to and sell the same "Morgan v. United States, 107 F. Supp. 501 (1952)"] for·feit·abil·i·ty [fȯr-fə-tə-bi-lə-tē] n for·feit·able adj adj : forfeited or subject to forfeiture ...
Shall be forfeited
Shall be forfeited, means liable to be forfeited, depending on the setting and the sense of the statute, R.S. Joshi v. Ajit Mills Ltd., AIR 1977 SC 2279: (1977) 4 SCC (98)....
Forfeitable
Liable to be forfeited subject to forfeiture...
Bonded labour system
Bonded labour system, means the system of forced, or partly forced, labour under which a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effect than,-(i) in consideration of an advance obtained by him or by any of his lineal ascendants or descendants (whether or not such advance is evidenced by any document) and in consideration of the interest, if any, due on such advance, or(ii) in pursuance of any customary or social obligation, or(iii) in pursuance of an obligation devolving on him by succession, or(iv) for any economic consideration received by him or by any of his lineal ascendants or descendants, or(v) by reason of his birth in any particular caste or community,- he would-(1) render, by himself for through any member of his family, or any person dependent on him, labour or service to the creditor, or for the benefit of the creditor, for a specified period or for an unspecified period, either without wages or for nominal wages, o...
Earnest money
Earnest money, The earnest money is a part of the purchase price when 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 1996 SC 1981.The earnest money is part of the purchase price when the transaction goes forward and it is forfeited when the transaction falls through, by reason of the fault or failure of the purchase. Earnest money or deposit serves two purposes of being part-payment of the purchase money and security for the performances of the contract by the party concerned, who paid it. (AIR 1926 PC 1), Videocon Properties Ltd. v. Bhalchandra Laboratories, (2004) 3 SCC 711: AIR 2004 SC 1787 (1793). [Transfer of Property Act, 1882, s. 55(6)(b)]A deposit paid (usu in escrow) by a prospective buyer (esp. of real estate) to show a good faith intention to complete the transactions and ordinarily forfeited if the buyer default, Bla...
Copyhold
Copyhold. Tenure in copyhold has been abolished under the (English) L.P. Acts, 1922 and 1925, and the Amending Acts of 1924 and 1926, but the greater part of the former title on this subject has been retained verbatim in view of the importance of the subject in examining titles. In the previous edition of this work, copyhold was described as a base tenure founded upon immemorial custom and usage; its origin is undiscoverable, but it is said to be the ancient villeinage modified and changed by the commutation of base services into specified rents, either in money or money's worth.A copyhold estate is a parcel of the demesnes of a manor held at the lord's will, and according to the custom of such manor. The tenant may have the same quantities of interest in this tenure as he may enjoy in freeholds, as an estate in fee-simple or (by particular custom) fee-tail, or for life, and he may have only a chattel interest of an estate for years in it. By the custom of some manors, the estate devol...
Weights and measures
Weights and measures, instruments for reducing the quantity and price of merchandise to a certainty, that there may be the less room for deceit and imposition. See AVOIRDUPOIS; TROY WEIGHT; and METRIC SYSTEM.The adjustment of weights and measures is a prerogative of the Crown, and has from an early date been regulated by statute-the Weights and Measures Act, 1878. The 25th and 26th sections enact that:25. Use or Possession for Use.-Every person who uses or has in his possession for use for trade any weight, measure, scale, balance, steelyard, or weighing machine which is false or unjust, shall be liable to a fine not exceeding 5l., or in the case of a second offence 20l. [as amended by the W. and M. Act, 1889], and any contract, bargain, sale, or dealing made by the same shall be void, and the weight, measure, scale, balance, or steelyard shall be liable to be forfeited.26. Fraud in Use.-Where any fraud is wilfully committed in the using of any weight, measure, scale, balance, steelyar...
Recognisance
Recognisance, an acknowledgement of a debt owing to the Crown, with a condition to be void if the recognizor shall do some particular act, as if he, or the party for whom he is surety, shall appear at the assizes to prosecute a person, or to come up for judgment when called upon, or shall prosecute an appeal, or shall be of good behaviour, commonly called 'binding over.' As to the power of justices of their own initiative to bind over a person, though no formal charge has been made against him, see R. v. Wilkins, (1907) 2 KB 380. See also R. v. Sandbach, Ex p. Williams, (1935) 2 KB 192, and Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), s. 31,sub-s. 3, as amended by Summary Jurisdiction (Appeals) Act, 1933 (23 & 24 Geo. 5, c. 38), s. 1; and as to the mode of entering into recognizance, see Criminal Justice Administration Act, 1914, s. 24; see also ss. 19-23. For forms of recognizance, see the schedule to the Summary Jurisdiction rules, 1886; also rules 112-115 of the Crown Offic...
Deodand
Deodand [fr. deo dandum, Lat.], a personal chattel which had been the immediate occasion of the death of any reasonable creature; it was forfeited to the Crown to be applied to pious uses and distributed in alms by the high almoner; but the right to deodands had been for the most part granted out to the lords of manors or other liberties to the perversion of the original design. The law made the following extraordinary distinction, that no deodand was due where an infant under the age of discretion was killed by a fall from a cart or horse or the like, not being in motion, whereas if an adult person fell thence and was killed the thing was certainly forfeited. In all indictments for homicide, the instrument of death and the value were presented and found by the grand jury (as that the blow was given by a certain bludgeon, value 9d.), that the Crown or the grantee might claim the deodand; for it was no deodand unless it was presented as such by a jury of twelve men. Deodands were abolis...
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