Re Store - Law Dictionary Search Results
Home Dictionary Name: re storeRe store
To store again as the goods taken out were re stored...
Marine-store dealers
Marine-store dealers. See (English) Merchant Shipping Act, 1894 (57 & 58Vict. c. 60), ss. 533-540, re-enacting (English) Merchant Shipping Act, 1854 (17 & 18 Vict. c. 104), ss. 480-483; by which any dealer in 'anchors, cables, sails, old junk, old iron, or other marine stores of any kind, must have his name, with the words ' dealer in marine stores,' painted on all his warehouses and places of deposit, must not purchase marine stores from any person apparently under sixteen, must enter in a book all such marine stores as he may become possessed of, and may not cut up cables, etc., without obtaining a ' permit ' from a justice of the peace, which permit must be advertised before the dealer proceeds to act thereon.' A person as so defined is, by the (English) Children Act, 1933 (see CHILDREN), prohibited by s. 9 from purchasing 'old metal' from a person under 16. See also (English) Public Health Amendment Act, 1907, s. 86. See METALS, DEALERS IN OLD....
res ipsa loquitur
res ipsa loquitur Latin, the thing speaks for itself] : a doctrine or rule of evidence in tort law that permits an inference or presumption that a defendant was negligent in an accident injuring the plaintiff on the basis of circumstantial evidence if the accident was of a kind that does not ordinarily occur in the absence of negligence [a plaintiff who establishes the elements of res ipsa loquitur can withstand a motion for summary judgment and reach the jury without direct proof of negligence "Cox v. May Dept. Store Co., 903 P.2d 1119 (1995)"] NOTE: For res ipsa loquitur to apply, the accident in question must not be due to any voluntary action or contribution by the plaintiff. The doctrine has traditionally required that a defendant have exclusive control over the instrumentality of an injury, but now it is commonly applied when multiple defendants have joint or sometimes successive control (as by the manufacturer and retailer of a defective product). In addition to the control ...
Res ipsa loquitur
Res ipsa loquitur (the thing speaks for itself), a phrase used in actions for injury by negligence where no proof of negligence is required beyond the accident itself, which is such as necessarily to involve negligence, e.g., a collision between two trains upon a railway: see Carpue v. London, Brighton, and South Coast Ry. Co., (1844) 5 Ex. 787.Res ipsa loquitur (thing speaks for itself) is a principle which, in reality, belongs to the law of torts, Syed Akbar v. State of Karnataka, AIR 1979 SC 1848 (1851).The thing speaks for itself.This maxim is applicable in actions for injury by negligence where no proof of negligence is required beyond the accident itself, which is such as necessarily to involve negligence-- e.g., where a ship in motion collides with a ship at anchor. It ought not to be applied unless the facts proved are more consistent with negligence in the defendant than with a mere accident; nor ought it to be applied to evidence of an unexplained accident, if the evidence is...
Public stores
Public stores. By the (English) Public Stores Act, 1875 (38 & 39 Vict. c. 25), various provisions are made for the protection of public stores and the punishment of persons improperly obtaining the same or obliterating the marks thereon, and see Army and Air Force Acts....
Store
Store, the expression 'store' means storing for the sale, Giridhari Ballani v. Corporation of Calcutta, AIR 1966 Cal 634 (636). [Prevention of Food Adultera-tion Act, 1954, ss. 7, 16(1)(a)]1. A place where goods are deposited to be pur-chased or sold 2. To keep goods in safe keeping for future delivery in an unchanged condition, Black's Law Dictionary, 7th Edn., p. 1432....
Military stores
Military stores, The expression 'military stores' used in Schedule II is comprehensive enough to cover articles essential for military use inclusive of trailers/water tankers supplies of which are accumulated in the depot for being drawn upon whenever needed, Cantonment Board v. Mahindra Owen Ltd., AIR 1986 SC 1114 (1117): (1986) Supp SCC 301....
Re-entry
Re-entry, the resuming or retaking that possession which one has lately foregone. A clause of this nature, called a 'proviso for re-entry,' is inserted in every properly drawn lease, empowering the lessor to re-enter upon the demised premises if the rent is in arrear for a certain period, e.g., twenty-one days, or if there shall be any breach of the lessee's covenants. A proviso for re-entry, strictly speaking, is only applicable to corporeal hereditaments; see Sitwell v. Londesborough (Earl of), (1905) 1 Ch 465. A proviso for re-entry for breach of covenant has been denounced by a judge of the greatest eminence as 'a most odious stipulation', Hodgkinson v. Crowe, (1875) LR 10 Ch 626, per Sir Wm. James, L.J., but in practice is certainly common enough. A proviso confined to the case of non-payment of rent is a 'usual' stipulation: see Re Anderton, (1890) 45 Ch D 476. A lease under the Settled Land Act, 1882, must contain a condition of re-entry on the rent not being paid within a speci...
Res judicata
Res judicata, a final judgment already decided between the same parties or their privies on the same question by a legally constituted Court having jurisdiction is conclusive between the parties, and the issue cannot be raised again. The judgment may have been given by a foreign Court, Tarleton v. Tarleton, 4 M&S 21. A matter which is res judicata cannot be further gone into; but if the decision was obtained by fraud it can be set aside, Cole v. Langford, (1898) 2 QB 36. Criminal proceedings do not constitute a res judicata as regards civil proceedings arising out of the same facts, Caione v. Palace Shipping Co., (1907) 1 KB 670; and see also Anderson v. Collinson, (1901) 2 KB 107. See ESTOPPEL.When it is said that a previous decision is res judicata, it is meant that the right claimed has been adjudicated upon and cannot again be placed in contest between the same parties. A previous decision of a competent Court on fact which are the foundation of the right and the relevant law appli...
Re-development areas
Re-development areas. By ss. 34 et seq. of the (English) Housing Act, 1936, a local authority may acquire an area of land by agreement or compulsorily for houses for the working classes if after an inspection for the purposes of detecting overcrowding under s. 1 of the Act or otherwise the authority is satisfied that the area contains fifty or more working class houses, of which at least one-third are overcrowded or unfit for human habitation, and that the industrial and social conditions of the district are such that the area should be used for working-class houses and that the area should be re-developed as a whole for their accommodation. The authority must in those conditions prepare a re-development plan by reference to a map to be submitted to the Minister of Health for approval, and the Minister must hold a public inquiry if there is any objection, before giving or withholding or modifying the plan; in any other case approval may be given, qualified or withheld at the Minister''...
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