Abide By - Law Dictionary Search Results

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Usual Covenants

Usual Covenants, covenants usually inserted in deeds having a similar scope to that in respect of which a question arises. The phrase occurs most frequently in connection with agreements for leases stipulating that the lease when granted shall contain 'all usual covenants.' What these are is a question of fact, but it may perhaps be laid down that at the present day covenants by the lessee to pay rent, to pay taxes, and to repair, and a qualified covenant by the lessor for quiet enjoyment (see that title), are usual, but that no others are, and in particular that the covenant not to assign or underlet without the leave of the lessor is not: see Hampshire v. Wickens, (1878) 7 Ch D 555; Re Lander, (1892) 3 Ch 41.A proviso for re-entry on breach of covenants generally is not 'usual,' but a proviso for re-entry on breach of the covenant to pay rent is: see per James, LJ, in Hodgkinson v. Crowe, (1875) LR 10 Ch 622; Re Anderton, (1890) 45 Ch D 476.Usual terms, a phrase in the Common Law pra...

Submission

Submission, means an agreement to submit a dispute to and abide by the decision of an arbitrator, Albert v. Goor, 218 P 2d 736 (1950).Submission, usually applied to the reference of a contended matter to a third party, i.e. an arbitrator, Mohammed Haji Hamed v. Pirojshaw, AIR 1932 Bom 34.Submission. See ARBITRATION....

Stare decisis

Stare decisis, to abide by authorities or cases already adjudicated upon.The doctrine of precedent , under which it is necess-ary for a court to follow earlier judicial decisions when some points arise again in litigation, Black's Law Dictionary, 7th Edn., p. 1414.Stare decisis is a well-known doctrine in legal jurisprudence. The doctrine of stare decisis, meaning to stand by decided cases, rests upon the principle that law by which men are governed should be fixed, definite and known, and that, when the law is declared by a court of competent jurisdiction authorised to construe it, such declaration, in absence of palpable mistake or error, is itself evidence of the law until changed by competent authority. It requires that rules of law when clearly announced and established by a court of last resort should not be lightly disregarded and set aside but should be adhered to and followed. What it precludes is that where a principle of law has become established by a series of decisions, i...

Stakeholder

Stakeholder, one with whom a stake is deposited [see, generally, (English) Betting and Lotteries Act, 1934 (24 & 25 Geo. 5, c. 58)]. As to when money deposited in the hands of a stakeholder, to abide the event of a wager, may be recovered, see Gaming Act, 1845, s. 18, and the title WAGER. A stakeholder of a sealed packet containing a document can be called upon to produce it upon a subp'na duces tecum, R. v. Daye, (1908) 2 KB 333. Upon a sale of land a sake-holder appears to hold the deposit for the party entitled thereto. He may interplead under R.S.C. Ord. LVII., and is entitled to retain the interest on the deposit for his pains: see Mr. Cyprian Williams in 71 L.J. (articles), pp. 162 and 180-Wolst. & Ch. Conveyancing Statutes, 12th Edn., p. 724. Apart from a special stipulation, it is not clear that a stakeholder converting the deposit into the property of either party before determination of the event is not acting in contradiction of his mandate. See INTRPLEADER.A disinterested t...

Ship

Ship, the carriage of goods by Sea Act, 1925 (26 of 1925). [XXVI of 1925, Sch. Art. 1, Cl. (d)]Ship, means any vessel used for the carriage of goods by sea.A type of vessel used or intended to be used in navigation, Black's Law Dictionary, 7th Edn., p. 1382.In the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), by s. 742, 'includes every description of vessel used in navigation not propelled by oars.' [This definition has been adopted by the Workmen's Compensation Act, 1925 (15 & 16 Geo. 5, c. 34), s. 48(1)]'Foreign-going ship,' by the same s., 'includes every ship employed in trading, or going between some place or places in the United Kingdom, and some place or places situate beyond the following limits: that is to say, the coasts of the United Kingdom, the Channel Islands and the Isle of Man, and the continent of Europe, between the river Elbe and Brest inclusive'; and'Home-trade ship' includes 'every ship employed in trading or going' within the above limits; and'Home-trade pass...

Rectum, stare ad

Rectum, stare ad, to stand trial, or abide by the sentence of the court....

Reside

Reside, means dwell permanently or for a considerable time, to have one's settled or usual abode, to live in or at a particular place, Oxford Dictionary.Means dwell permanently or for a considerable time; to have one's settled or usual abode; to live in or at a particular place. The meaning, therefore, covers not only the place where the person has a permanent residence but also the place where the person has resided for a 'considerable time', (Oxford Dictionary). See also Union of India v. Dudh Nath Prasad, (2000) 2 SCC 20.Means live, abide, sojourn, stay, remain, lodge. To settle oneself or a thing in a place, to be stationed, to remain or stay, to dwell permanently or continuously, to have a settled abode for a time, to have one's residence or domicile; specifically, to be in residence, to have an abiding place, to be present as an element, to inhere as a quality to be vested as a right, Black's Law Dictionary, 5th Edn. See also Union of India v. Dudh Nath Prasad, (2000) 2 SCC 20.Me...

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