Habitual Defaulter - Law Dictionary Search Results
Habitual defaulter
Habitual defaulter, tenant applying for fixation of fair rent but not paying even admitted rent during pendency of application can be original declared a habitual defaulter, Padmakar v. Madhukar, (1995) 2 SCC 537 (538)....
Habitual
Habitual, means repeated several times. Management of Monghyr Factory of I.T.C. Ltd. v. Presiding Officer, AIR 1978 SC 1428 (1434): (1978) 3 SCC 504: (1978) 3 SCR 1044.The expression 'habitual' would mean repeatedly or persistently and implies a thread of continuity stringing together similar repeated acts. An isolated default of rent would not mean that tenant was a habitual defaulter, Vijay Amba Das Diware v. Balkrishna Wamon Dande, AIR 2000 SC 1414 (1416): (2000) 4 SCC 126. (Rent Control and Eviction)A habitual offender or a person habitually addicted to crime is one who is a criminal by habit or by disposition formed by repetition of crimes, Dhanji Ram Sharma v. Supt. of Police, AIR 1966 SC 1766 (1767). [Punjab Police Rules, 1934, R. 23.4 (3) (b)]Means constant customary, addicted to a specified habit. In other word it would mean repeatedly or persistently and implies a thread of continuity stringing together similar repeated acts, Advanced Law Lexicon, 3rd Edn. by P. Ramanatha Aiy...
Drunkenness
Drunkenness, intoxication with strong liquor; habit-ual inebriety. A contract made by a person when so drunk as to be unable to understand what he is doing is voidable if the person with whom the contract was made was aware of the fact, but it is not void, and may be ratified when he becomes sober, Matthews v. Baxter, (1873) LR 8 Ex 132. Mere drunknness was punishable by statutes 4 Jac. 1, c. 5, and 21 Jac. 1, c. 7, ss. 1, 3, by a fine of five shillings and confinement in the stocks in default of distress. Under the Licensing Act, 1872 (35 & 36 Vict. c. 94), which repeals various previous enactments, drunkenness in a public place or licensed house is punishable by fine (s. 12). Disorderly drunkenness is punishable by fine or imprisonment, and refusal by drunken persons to quit licensed premises is punishable by fine. [(English) Licensing Consolidation Act, 1910, s. 80]The 1st s. of the (English) Licensing Act, 1902 (2 Edw. 7, c. 28), enacts that--If a person is found drunk in any highw...
Black list
Black list. The term given to any list of persons with whom the person or body compiling the list advises that no one should have dealings of the character indicated. Thus the list of defaulters on the Stock Exchange is so named, and various societies and individuals also publish lists with a similar purpose. By s. 6 of the Licensing Act, 1902 (2 Edw. 7, c. 28), there is power to put an 'habitual drunkard,' if he consents [Commissioner of Metropolitan Police v. Donovan, (1903) 1 KB 895], on a list kept by the police, and this renders him liable to a penalty on summary conviction for obtaining intoxicating liquor within three years, and the licensee or other person supplying him is also liable. See DRUNKENNESS.The publication of a black list may constitute a libel if it conveys a defamatory and untrue meaning. 'Black lists are real instruments of coercion, as every man whose name is on one soon discovers to his cost, Quim v. Leathem, 1901 AC 538; see also Ware & De Freville, Ltd. v. Mot...
Intoxicating liquor
Intoxicating liquor, the word 'intoxicating liquor' is not confined to potable liquor alone but would include all liquor which contain alcohol. Liquor should not only cover alcoholic liquor which is generally used for beverage purposes wand produce intoxication but would also include liquids containing alcohol, State of U.P. v. Synthetics and Chemicals Ltd., AIR 1980 SC 614: (1980) 2 SCR 531: (1980) 2 SCC 441. [Constitution of India, List II, 7th Sch., Entry 8]See also Synthetics and Chemicals Ltd. v. State of Uttar Pradesh, (1990) 1 SCC 109.Intoxicating liquors. The sale of intoxicating liquors by retail in England and Wales is now mainly regulated by the Licensing (Consolidation) Act, 1910 (10 Edw. 7 & 1 Geo. 5, c. 24), which repealed (see Sched. VII.) the whole or part of thirteen earlier Acts. The effect of this statute is shortly as follows:-1. Grant of Licence.--Defining 'intoxicating liquor' as meaning 'spirits, wine, beer, porter, cider, perry, and sweets, and any fermented, di...
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