THE RULE OF FOSS V/S HARBOTTLE There are 2 elements present for this rule to happen. They are found in the case of Edwards v/s Halliwell. • It is the proper plaintiff in an action in respect of a wrong done to a company is prima facia the company itself. • Where the alleged wrong is a transaction which might be made binding on a company and all its members. No individual member is allowed to maintain an action in respect of that matter. This means that whenever there is a transaction within the
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------------------------------------------------- Top of Form | | MANU/SC/8083/2008Equivalent Citation: AIR2009SC84‚ JT2008(11)SC150‚ 2008(4)KLT306(SC)‚ (2009)3MLJ929(SC)‚ (2008)41OCR708‚ 2008(13)SCALE76‚ (2008)13SCC518IN THE SUPREME COURT OF INDIAWrit Petition (C) No. 369 of 2008Decided On: 29.09.2008Appellants: Baby Manji Yamada Vs. Respondent: Union of India (UOI) and Anr.Hon’ble Judges: Dr. Arijit Pasayat and Mukundakam Sharma ‚ JJ.Subject: CivilCatch WordsMentioned INActs/Rules/Orders:
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There may be :- * impartiality of judicial officer. * preliminary objections * applications as to trial * jurisdiction * defects in charge * no locus standi Impartiality of judicial officer: S439: any magistrate must preclude himself from trying a case where he has personal interest in it. Case: Mohd Ghazali Ibrahim – accused was the presiding magistrate’s brother. Magistrate discharged him. High court set aside the order and ordered a retrial before another magistrate
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SCHOOL OF POST GRADUATE STUDIES UNIVERSITY OF LAGOS‚ AKOKA FACULTY OF LAW COURSE: ADMINISTRATIVE LAW II TOPIC: OMBUDSMAN IS A LAUDABLE INSTITUTION ALTHOUGH IT HAS FAILED WOEFULLY IN NIGERIA- DISCUSS. PROGRAMME: LL.M NAME: THELMA IFEYINWA MAFUA MATRIC NO. 099061003 LECTURER: DR. AMUSA CONTENTS 1. INTRODUCTION 2. HISTORY OF THE OMBUDSMAN 3. FEATURES‚ MANDATE AND LIMITATIONS OF THE OMBUDSMAN 4. THE OMBUDSMAN INSTITUTION IN NIGERIA 5. THE
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which occurs as a natural consequence of the escape‚ and there is no requirement for intent or neglect. The rule only applies to defendants who keep “a thing which is likely to do mischief it if escapes.” As a neighbouring property‚ Bell has the locus standi to take a claim in Rylands. It can sue Chemical Supply as occupier of the premises from which the chemicals escaped. In Shell Mex v Belfast Corp the defendant corporation placed gas pipes under a road not owned by them‚ and were held liable for
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LEGAL SYSTEMS What is a legal system It is an operating set of legal institutions‚ procedures and rules regulating a given society From a law perspective: restricted to where the ’sovereign’ commands different laws for different groups of the population From a non state perspective: includes the system of courts and judges supported by the state as well as non legal forms of normative ordering. Normative ordering - e.g. Written codes‚ security forces‚ tribunals etc which replicate the structure
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What Is delegated legislation? • Delegated (or subordinate or subsidiary) legislation refers to those laws made by persons or bodies to whom parliament has delegated law-making authority • Where acts are made by parliament‚ each principal act makes provision for subsidiary legislation to be made‚ and will specify who has the power to do so under that act • Delegated legislation can only exist in relation to an enabling act • Delegated legislation contains the many administrative details
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APPLICATION AND REFORM NEEDS OF THE ENVIRONMENTAL LAWS IN BANGLADESH Syeda Rizwana Hasan* 1. Development of Environmental Law at the Global Level The Agenda 21 of United Nations Convention of on Environment and Development (UNCED) in its Chapter 8‚ 38 and 39 emphasized on the need to develop capacity in the legal and institutional areas for sustainable development in developing countries. Chapter 8.13 of the Agenda noted that laws and regulations suited to country-specific conditions are
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INTRODUCTION Public Interest Litigation: The term "Public Interest" means the larger interests of the public‚ general welfare and interest of the masses ((Oxford English Dictionary 2nd Edn.) Vol.Xll) and the Word “Litigation” means "a legal action including all proceedings therein‚ initiated in a court of Law with the purpose of enforcing a right or seeking a remedy." Thus‚ the expression `Public Interest Litigation’ means "any litigation conducted for the benefit of public or for removal of some
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The “Indoor Management Rule” apparently developed as a means of mitigating the harshness and burdens of the doctrine of constructive notice in relation to outsiders dealing with companies; the doctrine of constructive notice states that persons dealing with a company are deemed to have notice of the contents of its registered documents. The reason for this was stated by‚ Lord Wensleydale in Ernest v Nicholls to be the fact of the public nature of registration: All persons therefore‚ must take notice
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