Below we lay out the minimum of information you will need to know regarding each of these grounds for JR. Illegality Relevant here is the doctrine of ultra vires‚ Latin for ‘acting outside one’s lawful powers’‚ or ‘in excess of one’s lawful powers’. It contrasts with action within one’s powers (intra vires). Bear in mind‚ however‚ that some of the cases‚ which are classified below under ‘illegality’‚ are referred to as ‘unreasonable’ or ‘Wednesbury unreasonable’ in parts of
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|BUSINESS ENTITY | | | | | | | | | | | |Sole Proprietorship |Partnership
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Legislative Assembly who has been convicted by the Court‚ till his appeal is finally disposed of by the competent court. 4. By way of present Writ Petition the Petitioner is seeking declaration of Section 8 (4) of the RP Act 1951‚ as invalid and ultra virus of the constitutional.
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Law of Associations 200018 Copyright © 2002 Thomas Feerick Lecturer School of Law‚ UWS Lecture 6 – Week 6 Pre-Registration Contracts & Internal Governance Rules This lecture has 2 parts. Part 1 examines the legal implications of ‘pre-registration contracts’. Part 2 discusses ‘internal governance rules’. 1. Pre-Registration Contracts The people who form a company or procure its formation are commonly known as ‘promoters’. The courts have construed the term ‘promoter’ broadly. In Twycross v
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They are also suggestive of the venting of some grievance of a personal or private nature or in consequence of some strong passion‚ prejudice or malice. They are admittedly illegal and criminal acts and not merely acts that are unauthorized and ultra vires........... .......... The Respondents relied also on the judgment of this Court in Thadchanamoorti v. A. G. (S. C. 63/80- S. C. minutes of 14th August 1980)(12) in support of their proposition as to what is meant by "executive or administrative
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Mens Rea and delegated legislation Alexandra StoicaMens rea: the guilty mind of the defendant The difference between s18 and s20 of the Offences against the person act 1861 is the mens rea required. Mens rea must be distinguished from motive. Motive can be relevant in some crimes. Intention: can be direct or indirect (oblique) Direct intention- this occurs where the consequence is the defendant’s aim or purpose. An example is Mohan 1976. The defendants deliberately attacked the victim. The resulting
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Company Law Reforms in Tanzania: The Companies Act 2002 Prior to the 1st of March earlier this year‚ the main legislation relating to companies in Tanzania was the Companies Act Cap. 212 which was enacted in 1929. This legislation regulated trading companies and other associations including the imposition tax on nominal capital‚ regulation of dividends and surpluses and related matters. This legislation was in force for over 77 years which period covered not only the tail end of the colonial period
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NAME : SAMUEL PATIENCE STUDENT NUMBER: N01310247W PROGRAM : FISCAL STUDIES DEPARTMENT : FINANCE COURSE : COMPANY LAW 2 CIN 2206 LECTURER : MR MAKUYANA QUESTION “By becoming a shareholder in a company‚ a person undertakes by his contract to be bound by the decisions of the prescribed majority of shareholders‚ if those decisions on the affairs of the
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PART A: This problem is a straight forward problem in judicial review and prerogative remedies. Judicial review can be done through Prerogative orders. Judicial review refers to the Court’s review of a lower or administrative body’s factual or legal findings[1]. Prerogative remedies are remedies which if not always are designed from the first for the control of governmental duties and powers‚ have long been used for the purpose especially[2]. These remedies are such as certiorari‚ mandamus
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HARISHANKAR BAGLA V. STATE OF MADHYA PRADESH (Project towards partial fulfilment of the assessment in the subject of Administrative Law) Submitted by: Submitted to: Vaibhav Singh‚ Mr. I.P. Massey Roll no. 781 Faculty of Law Semester VI National Law University‚ Jodhpur Winter Session (January-May 2013) TABLE OF CONTENTS TABLE OF CONTENTS 2 TABLE OF CASES i i 1. INTRODUCTION
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