Remedial Action - Law Dictionary Search Results
Home Dictionary Name: remedial actionremedial action
remedial action : an action taken to effect long-term restoration of environmental quality (as under the Comprehensive Environmental Response, Compensation, and Liability Act) compare removal action ...
remediate
remediate : to make the target of remedial action [the commissioner of environmental protection…shall conduct remedial actions necessary to the pollution at or on the site "General Statutes of Connecticut"] ...
removal action
removal action : an action under environmental legislation and esp. under the Comprehensive Environmental Response, Compensation, and Liability Act that involves short-term abatement of pollution (as removal of toxic substances) compare remedial action ...
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...
Action
Action, conduct, something done; also the form prescribed by Law for the recovery of one's due, or the lawful demand of one's right. Bracton (Bk. 3, cap. 1) defines it:-Actio nihil aliud est quam jus prosequendi in judicio quod alicui debetur.-(An action is nothing else than the right of suing in a court of justice for that which is due to some one.) Actions are divided into criminal and civil: criminal actions are more properly called prosecutions, and perhaps actions penal, to recover some penalty under statute, are properly criminal actions. There were formerly three classes of actions in England: personal actions, in which the plaintiff sought to recover a debt or damages from the defendant; real actions, in which he sought to establish his title to land or other hereditaments; mixed actions, in which he sought only to establish his right to possession of land. All forms of action are now abolished, but there still inevitably remains the distinction between actions in personam brou...
Limitation of actions and prosecutions
Limitation of actions and prosecutions. By various statutes, of which the first was 21 Jac. 1, c. 16, the (English) Limitation Act, 1623, and the principal succeeding ones, the Real Property Limitation Act, 1833 (3 & 4 Will. 4, c. 42), the (English) Civil Procedure Act (3 & 4 Will. 4, c. 27) [see Read v. Price, (1909) 2 KB 724], and 37 & 38 Vict. c. 57, the (English) Real Property Limitation Act, 1874, certain periods are fixed within which, upon the principle Interest reipublic' ut sit finis litium, particular actions must be brought or proceedings taken.In the case of simple contract the remedy on the contract is barred, leaving the creditor free to enforce his claims by other means which may be still available, such as enforcing a lien, subsequent acknowledgment by the debtor or appropriation of payments, but not by way of set-off (9 Geo. 4, c. 14, s. 3). In regard to land, the right to it is destroyed after the statutory period and neither re-entry nor acknowledgment after the laps...
Case, action on the
Case, action on the. The action on the case lay where a party sued for damages for any wrong or cause of complaint (such as negligence, or breach of contract not under seal) to which covenant or trespass did not apply. Statutory sanction was obtained for this form of action under the Statute of Westminster 2 (13 Edw. 1, c. 24), which regulated and limited the increasing practice of framing new writs by officers of the Crown and empowered the Clerks in Chancery to frame new writs in consimili casu with writs then in existence, see Pollock on Torts and Law Quarterly Review, Vol. 52, p. 68. Under the statutory sanction many new writs which were analogous to the writ of trespass, or in consimili casu with that action, were invented and issued under the appellation of 'trespass on the case' (brevia 'de transgressione super casum') as being founded on the particular circumstances of the case thus requiring a remedy, and to distinguish them from the old writ of trespass; and the injuries them...
Real action
Real action, one brought for the specific recovery of lands, tenements, and hereditaments.Among the civilians, real actions, otherwise called vindications, are those in which a man demanded something that was his own. They were founded on dominion, or jus in re.The real actions of the Roman Law were not, like the real actions of the Common Law, confined to real estate, but they included personal as well as real property. But the same distinction as to classes of remedies and actions pervades the Common and Civil Law. Thus we have, in the Common Law, the distinct classes of real actions, personal actions, and mixed actions--the first, embracing those which concern real estate where the proceeding is purely in rem; the next, embracing all suits in personam for contracts and torts; and the last embracing those mixed suits where the person is liable by reason of and in connection with property, Story's Confl. Laws, 781.By the (English) Real Property Limitation Act, 1833 (3 & 4 Wm. 4, c. 27...
Emergency
Emergency, means a situation which is not normal, a situation which calls for urgent remedial action. Break-down of the Constitutional machinery in a State does gives rise to a situation of emergency, S.R. Bommai v. Union of India, AIR 1994 SC 1918 (2052): 1994(5) SCC 1.Emergency means situation which is not normal, situation which calls for urgent remedial action, Rameshwar Prasad v. Union of India, (2006) 2 SCC 1.Has to be laid before each House of Parliament, Constitution of India, Art. 352(4).'Proclamation of emergency arising out of war, external aggression or armed rebellion may be varied or revoked by subsequent proclamation, Constitution of India, Art. 352(2).In India, the President can issue proclamations to meet three types of emergencies viz., (i) emergency arising out of war, external aggression or armed rebellion, (ii) failure of Constitutional machinery in a State, and (iii) threat to financial stability or credit of India or any part of it.Is a situation in which the hea...
Malicious prosecution
Malicious prosecution, a prosecution, preferred maliciously, without reasonable or probable cause; the remedy is an action on the case, in which damages may be recovered. The allegation of want of probable cause must be substantively and expressly proved, and cannot be implied; but it is for the judge, not the jury, to determine upon it, Abrath v. North Eastern R. Co., (1886) 11 App Cas 247; Cox v. English, Scottish and Australian Bank, 1905 AC 168. Animus injuri' cannot be inferred from the mere fact that the prosecution has failed, Corea v. Peiris, 1909 AC 549. See Addison or Clerk and Lindsell on Torts....
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