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Wilfully - Law Dictionary Search Results

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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...


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...


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....


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]...


wilful

wilful var of willful ...


Wilful act

Wilful act, means a deliberate act and not intentional wrongdoing, Clen v. Korean Airlines Co. Ltd. (QBD), (2003) LR 1386 (QB)....


Wilful disobedience

Wilful disobedience, 'willful disobedience' to a writ issued by a court constitutes civil contempt, though mere failure to obey the writ may not constitute civil contempt depending upon the facts and circumstances of the case. The appropriate mode of enforcing obedience to a writ of habeas corpus is by committal for contempt. A committal order may be made against a person who intentionally makes a false return to a writ of habeas corpus, but an unintentional misrepresentation on a return is not a ground for committal. Civil contempt is punishable with imprisonment as well as fine, Sebastian M. Hongray v. Union of India, AIR 1984 SC 1026: (1984) 3 SCR 544: (1984) 3 SCC 81 (82).If from the circumstances of a particular case, brought to the notice of the Court, the Court is satisfied that although there has been a disobedience but such disobedience is the result of some compelling circumstances under which it was not possible for the contemner to comply with the order, the Court may not p...


Wilfulness

Wilfulness, implies an act done intentionally and designedly; a conscious failure to observe care; conscious, knowing; done with stubborn purpose, but not with malice, Black's Law Dictionary (Fourth Edn.), p. 1773....


Misconduct

Misconduct, is a relative term. It has to be considered with reference to the subject-matter and the context wherein such term occurs. It literally means wrong conduct or improper conduct, R.D. Saxena v. Balram Prasad Sharma, (2000) 7 SCC 264.Misconduct, means 'A transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, wilful in character, improper or wrong behaviour; its synonyms are misdemeanour, misdeed, misbehaviour, delinquency, impropriety, mismanagement, offence, but not negligence or carelessness, (Black's Law Dictionary), N.G. Dastane v. Shrikant S. Shivde, (2001) 6 SCC 135.The word 'misconduct' is not capable of precise definition, but at the same time though incapable of precise definition, the word 'misconduct' on reflection receives its connotation from the context, the delinquency in performance and its effect on the discipline and the nature of duty. The act complained of must bear a forbidden quality or...


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