Abbreviations 1. AAIFR - Appellate Authority for Industrial and Financial Reconstruction 2. BIFR- Board for Industrial and Financial Reconstruction 3. CLB – Company Law Board 4. NCLT – National Company Law Tribunal 5. NCALT – National Company Law Appellate Tribunal 6. SICA - Sick Industrial Companies (Special Provisions) Act‚ 1985 Table of Cases 1. RDF Power Projects Ltd v. M. Muralikrishna‚ (2005) 124 Comp Cas 184 (AP) 2. Union of India v. R. Gandhi‚ President
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classification of ‘hard’ and ‘soft’ law is unhelpful and misleading in reflecting enforceability in international law. What are the sources of international law? What is meant by ‘hard’ and ‘soft’ law? Do you agree with Chinkin’s assessment and why? ------------------------------------------------- Introduction This essay first discusses the nature and lack enforcement of hard laws‚ being those defined under the ICJ statue and Vienna Convention on the Law of Treaties 1969 (VCLT). It argues
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Wills Problem: The Estate of Jackie Kennedy Onassis 1. The overall testamentary plan seems to be that Jackie Kennedy Onassis’ (testator) estate was allocated proportionately to those people she deemed to be the closest to her. Thus‚ the further away from Jackie via bloodline‚ the less the person inherited and the less personal the gifts seemed to be. The majority of her real and personal property was left to her children‚ while friends and other relatives received legacy gifts. Some of the
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70616: Australian Constitutional Law Final exam revision Contents What is in the exam? 4 Interpretation of the Constitution 5 Characterisation of the law 6 Subject matter powers - sufficient connection test 6 As in the Bank Nationalisation Case 6 As in Fairfax (1965) 6 As in Herald (1966) 6 As in Murphyores (1976) 6 In Re Dingjan (1995) 7 Purposive powers + - Reasonably appropriate and adapted test 8 Subject Matter Powers 9 The Race Power 9 Koowarta 9 Tasmanian Dams
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Achem Pte Ltd (Achem) was in the business of trading in industrial chemicals. The company was founded by Heng and Tan. Both were directors and shareholders of the company. Other than Heng and Tan‚ the other shareholders include Heng’s and Tan’s relatives and some of these relatives were also employees of Achem. Employee turnover was low and every employee was treated as part of one big family. After several years‚ Tan decided to sell his 55% stake in Achem to Union Pte Ltd (Union) because he
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the company is successfully registered‚ it becomes a separate legal entity which is different from its directors‚ owners‚ and shareholders. The company could have its own right and asset‚ and also property. Meanwhile‚ the money and resources of the company could only be used for business purpose. Even the directors can’t use the company’s asset for private uses. (Guides to obligations of proprietary limited companies 2012). According to the case‚ the four people want to establish a company which
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Jusik Hoesa (Stock Company) Jusik Hoesa is the only form of corporate entity that is allowed to publicly issue shares. The vast majority of corporations in Korea chose the Jusik Hoesa corporate form. It is also the most common corporate form that foreign companies chose for their subsidiaries. 2. Yuhan Hoesa (Limited Liability Company) Yunhan Hoesa is a closely held company that is prohibited from having more than 50 shareholders. In recent years a few foreign companies have chosen the Yuhan
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the initial property where the fire broke out; Provincial Insurance Inc. for the lack of clarification on its insurance policy‚ and potentially the fire department for not responding promptly. Putting aside the fire department and the insurance company for further discussion‚ in the case for Lisa taking action against Bart‚ there are sufficient grounds to argue with. Brat owed a duty of care to the adjoining buildings by making sure his actions (or lack of action) do not cause any consequential
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QUESTION 1 a. Define a promoter of a company. Explain and illustrate with decided cases his legal position in relation to a company. Though the certificate of incorporation is conclusive for purposes of incorporation‚ using decided cases‚ outline circumstances under which it could be withdrawn.(10marks) ANSWER Definition; A promoter is one who undertakes to form a company with reference to a given project and to set it going and who takes the necessary step to accomplish that purpose - A promoter
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Problem 1 Issue1 Is the La Rochelle website‚ including the slogan‚ protected by copyright law? Law Copyright law protects text‚ images and other forms of expression. The requirements for protection are as follows: (1) The creation is a ‘work’ or ‘subject matter other than works’; (2) The creation is original; (3)The creation is expressed in a material form. Application The slogan is not a ‘work’ or ‘subject matter’ because Single words‚ names‚ titles‚ slogans are too short to be protected
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