Wilful Default - Law Dictionary Search Results
Home Dictionary Name: wilful defaultWilful 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...
Wilful
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...
Cause of action
Cause of action, a cause of action is a bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in the suit. For the aforementioned purpose, the material facts are required to be stated but not the evidence except in certain cases where the pleading relied on any misrepresentation, fraud, breach of trust, wilful default or undue influence, Liverpool & London S.P. & I Assocn. v. M.V. Sea Success, (2004) 9 SCC 512 (562). [Civil Procedure Code, 1908, O. 7, R. 11(9)]--It is only that court in whose jurisdiction the 'cause of action' did arise will have Jurisdiction to entertain an application either under section 9 or under section 11 of the Act (Arbitration and Conciliation Act, 1996); Indian Iron and Steel Company Ltd. Kolkata v. Tiwari Roadlines, Hyderabad, AIR 2006 AP 1.Means every fact which it is necessary to establish to support a right to obtain a judgment, Prem Chand Vijay Kumar v. Yashpal Singh, (2005) 4 SCC 417.Is a bundle of facts...
If from any cause whatsoever
If from any cause whatsoever in a contract ran as: 'If from any cause whatsoever, the purchase should not be completed and the purchase money paid on the day hereinbefore stipulated, not paid, the purchaser shall pay interest, from that date until the completion of the purchase at the rate of 14 per cent. per annum'. Construing this Lord St. Leonards laid down that the words 'if from any cause whatsoever' are to be read, 'if from any cause whatsoever' than the wilful default of the vendor, Palmerston, Lord v. Turner, 33 LJ Ch 457...
Wilfully
Wilfully, 'wilfully' as used ins. 477A of the Indian Penal Code, 1860 means 'intentionally' or 'deliberately'. Intent to defraud contains two elements viz., deceit and injury. A person is said to deceive another when by practising 'suggestion falsi' or 'suppressio veri' or both he intentionally induce another to believe a thing to be true, which he knows to be false or does not believe to be true, S. Harnam Singh v. State (Delhi Admn.), AIR 1976 SC 2140: (1976) 2 SCC 819. (Penal Code, 1860, s. 477A)Pre-supposes a conscious action, while even by negligence one can allow another to do a thing, Om Prakash Gupta v. State of Uttar Pradesh, AIR 1957 SC 458 (464). (Penal Code, 1860 s. 405)Wilfully, means deliberately and intentionally, R. v. Senior, (1899) 1 QB 283: 68 LJ QB 175....
default
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 negligence
Wilful negligence, even there is a deliberate omission to recover any amount inspite of the specific order to do so, the act constitute wilful negligence, AIR 1979 AP 3(5). [Andhra Pradesh Co-operative Societies Act, 1964, s. 60(1)]...
Wilfully detains or delays
Wilfully detains or delays, it is, reasonable to think that in s. 53 when the word 'wilfully' was used, the legislature also intended that the detention would be punishable only if made for some purpose, Ramchandra Narsimha Kulkarni v. State of Mysore, AIR 1964 SC 1701 (1703). [Post Office, Act (6 of 1898), s. 53]...
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-...
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