Understanding the Legal Meaning of Wilful in Indian Law

There are cases in which the word '' wilfully '' has, with due regard to the object of the statute in which it occurs, been given a special meaning. In Smith v. Barn-ham,1[1 Ex. ... Copyright telegram-Offence under a. 2 of Ordinance No. 19 of 1898- Prosecution need not establish, that the accused knew that the news had appeared in another paper-Burden of proof is on accused to show that publication was not wilful-Mens rea. ... If that is the meaning of the section, the burden of proving knowledge on the part of the accused must ....

2025 Supreme(Online)(P&H) 4989

The wilful misuse or misapplication of process to accomplish a purpose not warranted or commanded by the writ. ... Done with malice or an evil design; wilful; indulging in malice, harboring ill-will, or enmity malevolent, malignant in heart; committed wantonly, wilfully, or without cause, or done not only wilfully and intentionally, but out of cruelty, hostility of revenge; done in wilful neglect of a known obligation ... The legal meaning of 'malice' is "ill will or spite towards a party and any indirect or improper mot....

2023 0 Supreme(Jhk) 1536

Explanation 1 - A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. ... Meaning thereby to say that the accused person who has been charged for the offence under abetment, the prosecution has to prove that the act has been intentionally done or any conspiracy for the same has been done. ... Thus, the only issue which requires consideration is ....

2024 0 Supreme(Chh) 280

‘The meaning of the term malice in English law, has been a question of much difficulty and controversy; and those who made through the many disquisitions on the subjects in textbooks and judicial opinions are almost tempted to the conclusion that the meaning varies almost infinitely ... —Done with malice or an evil design; wilful; indulging in malice, harboring ill will, or enmity malevolent, malignant in heart; committed wantonly, wilfully, or without cause, or done not only wilfully and intentionally, but out of cruelty, hostility of r....

1951 0 Supreme(Mad) 55

Ltd. 1925 (1) Ch 407.) an interesting discussion explaining the meaning of the word "wilful" is found. ... ... The meaning of the word was also considered in various decisions in connection with wilful misconduct, wilful default, wilful neglect occurring in different statutes. In In re Young and Harston's Contract 1885 (31) Ch(D) 168.) ... Emperor 1948 (1) STC 168; 1949 ILR(Mad) 121.) had occasion to deal with the meaning of the words "wilful submis....

1951 0 Supreme(Mad) 54

... The meaning of the word was also considered in various decisions in connection with wilful misconduct, wilful default, ... wilful neglect occurring in different statutes. ... Emperor1, had occasion to deal with the meaning of the words “wilful submission” in section 15 (a) of the General Sales Tax Act. ... ... In In re City Equitable Fire Insurance Co., Ltd6, an interesting discussion explaining the meaning of the word "wilful" is ... found. .....

2026 Supreme(Online)(P&H) 1281

is neither wilful nor deliberate, rather he became aware of the FIR, when the police having raided his house.

1915 0 Supreme(All) 307

The Judge of the Small Cause Court, as I read his judgment, was of opinion that there had been a loss of the complete consignment within the meaning of the risk-note; but that such loss was not shown to be due to the wilful neglect of the Railway Administration or its servants within the meaning of the ... In support of this application for revision it is contended that there was a loss of the complete consignment within the meaning of the risk-note and that that loss was dueto the wilful neglect of the....

1990 0 Supreme(All) 22

The word 'wilful' has not been statutorily defined in the Code, consequently, there is no option but to look to the dictionary meaning of the word 'wilful'. In case the word 'wilful' would have been defined statutorily, there was no necessity to look to the dictionary meaning. ... Every word has to be given a meaning and no word can be left out, nor it can be assumed that the legislature has used a particular word without necessity. ... of a word and the courts would, therefore, have t....

2001 0 Supreme(AP) 794

Pattabiraman the Apex Court had an occasion to consider the word wilful default in detail. The supreme Court observed that:"before, however, going into this question further, let us find out the real meaning and content of the word wilful or the words wilful default . ... The relationship of the landlord and tenant, no doubt, is admitted and the tenant had narrated as to how his conduct cannot be styled as a wilful default within the meaning of the Act. ... W. 1 himself had admitt....

2010 0 Supreme(Mad) 3565

In the book A Dictionary of Law by L.B.Curzon, at p.361 the words wilful and wilful default have been defined thus: Wilful – deliberate conduct of a person who is a free agent, knows that he is doing and intends to do what he is doing. Before, however, going into this question further, let us find out the real meaning and content of the word wilful or the words wilful default. 9. In S.Sundaram Pillai v. V.r.Pattabiraman this Court had occasion to consider the word wilful default under Section 10(2) of the aforesaid Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 whi....

2010 0 Supreme(Mad) 3534

9. In S.Sundaram Pillai v. V.r.Pattabiraman this Court had occasion to consider the word wilful default under Section 10(2) of the aforesaid Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 which is reproduced below:(SCC pp.605-06, paras 21-26) “21. Wilful - deliberate conduct of a person who is a free agent, knows that he is doing and intends to do what he is doing. In the book A Dictionary of Law by L.B.Curzon, at p.361 the words wilful and wilful default have been defined thus: Before, however, going into this question further, let us find out the real meaning and conten....

2010 0 Supreme(Mad) 3482

In the book A Dictionary of Law by L.B.Curzon, at p.361 the words wilful and wilful default have been defined thus: Before, however, going into this question further, let us find out the real meaning and content of the word wilful or the words wilful default. Wilful – deliberate conduct of a person who is a free agent, knows that he is doing and intends to do what he is doing.

2010 0 Supreme(Mad) 3065

Before, however, going into this question further, let us find out the real meaning and content of the word wilful or the words wilful default. In the book A Dictionary of Law by L.B.Curzon, at p.361 the words wilful and wilful default have been defined thus: Wilful – deliberate conduct of a person who is a free agent, knows that he is doing and intends to do what he is doing.

2010 0 Supreme(Mad) 3066

Before, however, going into this question further, let us find out the real meaning and content of the word wilful or the words wilful default. In the book A Dictionary of Law by L.B.Curzon, at p.361 the words wilful and wilful default have been defined thus: Wilful – deliberate conduct of a person who is a free agent, knows that he is doing and intends to do what he is doing.