CHILOMBA v THE PEOPLE (1974) Z.R. 151 (S.C.) SUPREME COURT DOYLE‚ C.J.‚ BARON‚ D.C.J.‚ AND HUGHES‚ J.S. 9TH JULY‚ 1974 S.C.Z. JUDGMENT NO. 26 OF 1974. Flynote Criminal Law - Attempting to cause death contrary to s. 215 of the Penal Code - No unequivocal finding of actual intention to kill - Whether conviction possible. Criminal Procedure - Minor offence -Section 181 of the Criminal Procedure Code- Whether s. 224 of the Penal Code minor offence in relation to s. 215 of the Penal Code
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appear to be in the best interests of the company both subjectively and objectively. The statutory remedy for disadvantaged shareholders‚ s 459‚ may provide a remedy for H‚ but the courts have set their face against using the section to provide a remedy for shareholders who object to the board’s bona fide actions if they do not impinge upon the ‘legitimate expectations’ of the shareholder; see‚ for example‚ Re A Company (No 002567 of 1982) (1983)‚ the wine bar case mentioned above‚ and Re Saul
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Introduction This article will discuss the advantages and disadvantages of sales force automation. Nowadays‚ salesperson in many companies have relied on top performers to keep competitive. That means a successful salesperson should take a special approach. Sales force automation is the system that contain the use of hardware and software to achieve automate the business tasks of sales and its also tie together functions‚ for example‚ sales tracking and expense reports. sales force automation also
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is often paid by the company’s creditors. In most situations this is as is intended by the Companies Acts. Sometimes‚ however‚ the legislature and the courts have intervened where the Salomon principle had the potential to be abused or has unjust consequences. This is known as ‘lifting the veil of incorporation’. That is‚ the courts or the legislature have decided that in certain circumstances the company will not be treated as a separate legal entity. In this chapter we examine the situations where
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CORPORATE LAW AND SECRETARIAL PRACTICES | April 8 2013 | SUBMITTED BY: | INCORPORATION OF GALLANT CHEMICALS | INCORPORATION OF GALLANT CHEMICALS: MEMORANDUM OF ASSOSIATION: THE COMPANIES ORDINANCE‚ 1984 (PRIVATE COMPANY LIMITED BY SHARES) MEMORANDUM OF ASSOCIATION OF GALLANT CHEMICALS PRIVATE LIMITED 1) The name of the Company is "GALLANT CHEMICALS PRIVATE LIMITED." 2) The Registered Office of the Company will be situated in the province of BALOCHISTAN. 3) The objects
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a corporate charter or by law[2]. It means an act which is beyond the powers[3]. 3. Definition: “The term ultra vires simply means beyond powers or lack of power. An act is said to be ultra vires‚ when it is in excess of the power of the person or authority doing it[4].” 1.3.1 As per law dealing with companies: The term ultra vires in connection with law regarding companies is defined in the following way; “A company incorporated under the Companies Act had legal personality
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On a proper interpretation of the case law of the European Court of Justice‚ there can be no doubt that the real seat theory is dead throughout the EU Discuss. Since the Treaty of Rome entered in force in 1958‚ companies were allowed to be formed across the EU benefit from the basic right of the freedom of establishment. The principle of freedom of establishment set out in Article 49 (ex Article 43 TEC) enables an economic company to operate an activity in one or more Member States. At present
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Dignam & Lowry‚ Company Law‚ 5th edition (2009)* ** • Hicks & Goo’s Cases and Materials on Company Law‚ 7th edition 2011** • Mayson‚ French and Ryan on Company Law‚ 26th edition (2010) • Bourne on Company Law‚ 5th edition * Dignam & Lowry‚ Company Law‚ 6th edition (2012) may be published August 2012 ** These books will be used as the module readers Additional reading: The latest editions of: • Gower and Davies’ Principles of Modern Company Law‚ Even if you do
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(SDA) and common law derivative action (CDA)‚ we need to define what they are. Salim (2013) established the meaning of CDA: The common law derivative action is based on two principles‚ the ‘majority rule’ and ‘proper plaintiff rule’‚ stated in the case of Foss v Harbottle (1843). The ‘majority rule’ means simply that the wishes of the majority will prevail over those of the minority. The “proper plaintiff rule’ provides that if a wrong is committed against a company then the company is the proper claimant
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LAWS2301 | Take Home Assignment | Sandy Goh (20806534) *Note: Unless otherwise mentioned‚ all sections mentioned in this essay are from the Corporations Act1. PART A (i) – whether Monica/ GE will be liable Under s12.1(1) of the Criminal Code Act2 (CCA) criminal liability may be imposed on GE due to Monica’s actions. A criminal offence consists of physical elements and fault elements (s3.1 CCA). The physical element is attributed to GE (s12.2 CCA) as Monica‚ who is a defacto Managing Director
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