Case Study On CLB And NCLT

Law is something that is not only important for individuals, but for entities as well. Further, at times it may seem as if there are more stringent laws for entities, as they directly affect individuals. This is something positive to have in place as law can serve to keep the peace and preserve individual rights. Unfortunately, at times many people will try and have taken advantage of some businesses, because they can, and not necessarily because they suffered a consequence that affected them. We must also describe procedural law and substantive law as these play a role in understanding this case. Procedural law is “a set of rules governing how all aspects of a court case are conducted”. Substantive law is “the area which concerns with the definitions of rights and responsibilities”. Substantive law also adds meaning. Both of these laws go hand in hand, and as learned in this course, many states also adopt these in many of their statues.

Your managing partner has handed you the Supreme Court of Queenslands’ decision in The Public Trustee of Queensland and Anor v Meyer and Ors [2010] QSC 291 and asked you to answer the following questions. You should assume you are answering questions for someone who has not read the case, so be sure to provide sufficient detail in your answers. You do not need to provide reference details for Part A of the assignment.

To prevent substantial lessening and dominance of competition, the CCA prohibits mergers when that would have the effect, or be likely to have the effect. One of the main ways in which mergers can lessen competition in through unilateral effects. The unilateral effects which means the merged firms’ unilateral market power is increased and it leads to remove or weaken competition. In determining whether unilateral effects arise and whether they are to lessen the competition, the ACCC considers all of the merger functions under in s50

In the English case of Bremer Vulkan Schiffbau und Maschinenfabrik v. South India Shipping Corporation Ltd, Lord Diplock defined the court 's inherent jurisdiction as a general power to control its own procedure so as to prevent its being used to achieve injustice. Lord Denning finely affirmed, “Whenever a tribunal goes wrong in law, it goes outside the jurisdiction conferred on it and its decision is void. ” Jurisdiction is fundamental in every proceeding in a court. If a court

This paper is composed for the individual assignment for week 1 of the MBA 633 Legal Issues in the Workplace course. The topic for this assignment consists of the four sources of law used to govern businesses and how disputes can be settled. I will be providing short answers to questions related to the four sources of law.

Hanrahan, P., Ramsay, I. & Stapledon, G. (2010), Commercial Applications of Company Law 10th ed. Sydney, NSW: CCH

The Lanham Act provides two avenues for a dissatisfied party, e.g., a dissatisfied trademark applicant, to appeal a final Trademark Trial and Appeal Board decision. Although some similarities may exist between the two available avenues, this article examines the advantages and disadvantages facing litigants in their venue determination for appeals involving ex parte proceedings, while briefly outlining significant distinctions for appeals involving inter partes proceedings.

“More specifically, ASC 810-10-25-38 states a reporting entity shall consolidate a VIE when the reporting entity has a variable interest that will absorb a majority of the VIE’s expected losses, received a majority of the VIE’s expected residual returns, or both” (Chan, 2010). Consolidation can even be applicable if both firms remain as separate legal entities/ corporations. In this case, both companies will manage their own financial statements that list only their asset and liability account balances. In addition, the acquiring company will record this business combo under their investment account on their balance sheet while the subsidiary makes no note of this transaction. Therefore, stock is moved from the shareholders of the subsidiary to the parent. However, if the business results in a statutory merger, the firm would be the only one in existence after this acquisition thus the company will have to move all of the aquiree’s net assets into their own financial records since the acquiree is no longer a going concern entity. “On the date of combination, the surviving company records the various account balances from each of the dissolving companies. No further consolidation procedures are necessary since accounts are brought together

The Court was hearing an appeal by the CCI against the order dated Feb. 15, 2010 of the Tribunal in Steel Authority of India Ltd. v. Jindal Steel & Power Ltd. Jindal Steel had

This tribunal is granted the power to decide in “any decisions an administrator affecting eligibility for or the amount of basic financial assistance, other than a decision

Moreover, the membership of the tribunal is lay persons, who are not legally qualified, sit alongside and contributing the decision making process.

The SRA Code of Conduct represents an ambitious attempt to merge consumer protection and professionalism. As it stands, the regulatory framework of the legal profession was established by the Legal Services Act, 2007 . Further to this, section 12 of the legislation outlines six legal activities that may only be executed by authorized

Salamon v. Salamon & Co. Ltd has a significance principle that has been recognised universally. Refer to s16(5) in The Act, once company is registered, the new company is a juristic person that separate from its members. Likewise, company has the full responsible on its own debts and contractual

termination of the listing by independent shareholders. As long as the offer taking effect after the minimum amount of public ownership of the target company is lower than the statutory requirements, the target company can apply for terminating its listing status according to the exchange listing rules. In contract arrangement, there is no explicit request for 75% in favor and 10% opposed. It just regularizes that consolidation by merger should be passedby two-thirds or more voting rights of the independent shareholders who attend the stockholder's meeting.

3. s129(3) Officer or agent are duly appointed and have customary authority: Freeman & Lockyer v Buckhurst Park Properties (mangal) Ltd (1964) 2 QB 480; Re Madi Pty Ltd (1987) 5 ACLR