Courts often prove to be corrupt through the abundance of wrongful or unfair convictions found within them. Many people around the world have been wrongfully convicted‚ and sentenced to death despite their innocence because of issues like “eyewitness misidentification‚” “junk science‚” “false confessions‚” “government misconduct‚” “snitches‚” and “bad lawyering” (Causes of Wrongful Convictions). As an attempt to assuage this unleveled playing field‚ several corporations have been established with
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the surviving members of the victim’s family may file a wrongful death claim. The majority of wrongful death cases follow in the wake of criminal trials‚ utilizing comparable evidence but with a lower standard of proof. Regardless‚ an individual found liable in a wrongful death case may or may not be found guilty of a crime associated with that death. When Is A Wrongful Death Claim Applicable? There are several scenarios in which a wrongful death claim may be applicable. Common examples include
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Winding up of Company Section 425 of the Companies Act‚ 1956‚ deals with the winding up of companies. Winding up of company is a legal procedure to dissolve the company and put an end to its life. The company ceases to be a ‘going concern’. The term winding up is defined as‚ ‘the process by which the life of a company is ended and its property is administered for the benefit of its members and creditors.’ During the process of winding up‚ the assets of the company are sold and all the debts
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DEFINITION OF WINDING UP OF A COMPANY Winding up or liquidation of a company is the ending of a company’s life; its property administered for the benefit of its creditors and members. At the end of the winding-up‚ the company will be dissolved. There are two main types of winding up: compulsory‚ under and order of the court; and voluntary‚ under resolution of the company. VOLUNTARY WINDING UP In a voluntary winding-up‚ the members of the company have passed a resolution to wind-up the company
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Debenture - If a company borrows money‚ it will give its creditor a document confirming the existence and terms of the loan. This document is called a debenture. The execution of debentures & creation of charges over land by borrowers in favour of banks to secure banking facilities/loans is a common practice. Typically such debentures empower the banks to appoint receivers & managers to act on behalf of the borrowers to sell charged land by private treaty. (Teo & Khaw) Question: in
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Meaning of Liquidation Liquidation or winding up is a legal term and refers to the procedure through which the affairs of a company are wound up by law. Winding up of a company has been defined in the companies Act‚ 1956 as “the process whereby its life is ended and its property is administered for the benefit of its creditors and its members. An Administrator called Liquidator‚ is appointed and he takes control of the company‚ collects its assets pays its debts and finally distributes any surplus
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Table of Contents Page Overview2 Introduction3 Chapter 1: Liquidation of a GmbH4 5 Sources 6 Introduction In this term paper‚ I will explore which necessary steps an individual must take to liquidate a GmbH (Gesellschaft mit beschränkter Haftung) in Germany. I will do this considering both the practical and jurisdicial steps one must take‚ as well as elaborating what each step entails. Moreover‚ I will explain in detail how a GmbH is liquidated and which reasons there might
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Winding up of Company: Winding up of a company is the process whereby its life is ended and its property administered for the benefit of its creditors and members. An administrator called a liquidator‚ is appointed and he takes control of the company‚ collects its debts and finally distributes any surplus among the members in accordance with their rights. Kind of Companies can be wound up: Only a limited company can be wound-up. The term "winding-up" (or "wound-up") bears a similar meaning of
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The procedure for creditor’s voluntary winding up: i) A board meeting convene by the company’s directors to decide on the date of the EGM and creditor’s meeting. These meeting must be held within one month from the date of statutory declaration (Form 65A) ii) The directors make a statutory declaration of Form 65 (statutory declaration of inability of company to continue business and that meetings of the company and its creditors have been summoned) and lodged with the CCM. iii) The Company’s director
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Death Penalty I agree with the death penalty‚ but to make the debate I disagree with death penalty *reasons 1. Morality Whether state and federal governments deserve to kill someone 2. Deterrence People fear nothing more than death. / There is no credible evidence that the death penalty deters crime more effectively than long terms of imprisonment. 3. Retribution It is same with revenge 4. Mistakes 1 of 7 cases was wrong conviction. 5. Cost of Death Penalty Too expensive – statistics 6. Who
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