Essay Questions 2011 ‘Our parliamentary democracy is based on the rule of law. One of the twin principles upon which the rule of law depends is the supremacy of Parliament in its legislative capacity. The other principle is that the courts are the final arbiters as to the interpretation and application of the law. As both Parliament and the courts derive their authority from the rule of law so both are subject to it and can not act in a manner which involves its repudiation.’ (Lord Woolf‚ 1995)
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community. 7. Arbitrary and Capricious - Absence of a rational connection between the facts found and the choice made. 8. Abuse of discretion - A failure to take into proper consideration the facts and law relating to a particular matter; 9. Ultra vires - Describes actions taken by government bodies or corporations that exceed the scope of power given to them by laws or corporate charters. 10. Substantial evidence test - a legal concept that an individual piece of evidence is so sufficient that
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Transfer of Non-Performing Assets between Banks and Beyond Niloy Pyne comments on the recently issued ruling of the Supreme Court‚ in the case of ICICI Bank Limited Versus Official Liquidator of APS Star Industries Ltd. & Ors. on whether non-performing assets (NPAs) can be transferred between banks without the concurrence of the borrowers. Background This case involved a transfer of Non Performing Assets (NPAs)‚ relating to the borrower‚ APS Star Industries Ltd.‚ from ICICI Bank to Kotak
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Judicial Decisions.The effective law making process of modern Malaysia Table of Content Introduction Malaysian Judiciary Judiciary Administration Law Making Process … … Conclusion Introduction History of Malaysian Law Different countries practices difference types of legal system. Some country practices one type of legal system while other practices the mixed legal system which means a combination of two or more legal systems. Malaysia for example‚ practices the mixed legal system which
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if any thing unfortunate happens to the Corporate. The Personal Assets or earnings of Director or the Officer will never be put at risk. But if the event is a fraud or anything outside the purview of the Memorandum of Association (which means “Ultra Vires”) the Directors or “Officers in Default” {Section 5 of Companies Act} will be held for Personal Liability. 2. Protection of Name: The Company’s name will be protected immediately once it is approved by “Registrar of Companies” (herein after called
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It is an ordinary that Quasi-Contract is a waste paper wicker bin For the transfer of a “heterogeneous accumulation of cases resisting Conventional systems for order; however it is shown in the Succeeding passages that the circumstances is not all that terrible as that‚ despite the fact that there is no "Method of reasoning of Quasi-Contract‚" there Are yet close to three obviously classifiable gatherings in the wicker container which‚ when divided from one another‚ can be interfaced up to " different
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and agency action‚ an abuse of discretion or in violation of some other law. It requires the agency to show evidence to support the proposed rule‚ without the evidence the rule can be called arbitrary and capricious. – this can be set aside ultra vires- beyond it’s power‚ one that goes beyond the authority given to the agency in its enabling act substantial evidence test – the rule requires that more convincing evidence exists in support of the regulation than against it unconstitutional-
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Sources of Scots Law LO1 Statutory are the acts of Parliament.. It is the most important Law making source in Scots Law. The statutes of the UK and Scotland are influenced by the European Legislation. The legislative bodies that affect Scotland are the UK parl and Scots Parl. Scotland has a different legal systemfor this reason certain statutes must take into consideration the difference between Scot and English law. Scotland has its own Parl to pass legislation on devolved matters only. Reserved
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Introduction There are many types of organisational structure a business may decide to adopt. This assignment will examine the four main different business structures and present the advantages and disadvantages of each one. The business structures that I will be examining are as follows: The Sole Trader The partnership The Private Limited Company (LTD) The Public Limited Company (PLC) Sole trader A sole trader is an organisation‚ which is owned by one person. The assets
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NIRMA UNIVERSITY INSTITUTE OF LAW A CASE COMMENT SUBMITTED FOR THE PARTIAL FULFILLMENT OF THE FIVE YEARS INTEGRATED DEGREE OF LAW HONOURS ON ASHOK KUMAR GUPTA & ANR. VS. STATE OF U.P‚ 1997 JURISPRUDENCE LAW COURSE CODE: 11BL603 COURSE: B.com.L.L.B (HONS) SEMESTER-VI JANUARY 2014- MAY 2014 SUBMITTED TO - SUBMITTED BY- Ms. Rejitha Nair Yash Patel Roll no
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