Winding up on, Business Law and Ethics

Assignment Help:

WINDING UP ON:

"THE JUST AND EQUITABLE GROUND":

Unlike the other five grounds this one is widely interpreted and it is no objection that the petition is based on facts unlike the other grounds, (i.e. the ejusdem generis rule does not apply) or facts without precedent (as regards the just and equitable ground itself.  The just and equitable ground is usually relied on by a member (contributory) who is dissatisfied with or is at loggerheads with the directors or controlling shareholders over the management of the company.  But something more than dissatisfaction is needed to make it just and equitable that the company should be wound up.  Although the court has a wide discretionary power, winding up orders have been made in the following situations:

The substratum of the company has gone, i.e. the only main object(s) of the company (its underlying basis or substratum) cannot be or can no longer be achieved:

                                                  Case: RE GERMAN DATE COFFEE CO. (1882)

The objects clause specified with much particularity that the sole object was to manufacture coffee from dates under a German patent.  The German government refused to grant a patent.  The company manufactured coffee under a Swedish patent for sale in German.  A contributory petition for compulsory winding up.


Related Discussions:- Winding up on

High court registrars, High Court Registrars Therefore these are magis...

High Court Registrars Therefore these are magistrates that who in addition to judicial functions perform administrative responsibility. Thus they are appointed through the Jud

Describe urys stages-strategy, Question 1: i) What are the main charac...

Question 1: i) What are the main characteristics of good faith bargaining? ii) What are the main criteria used in the US labour relations system to test good faith bargain

Legal profession - judges, Legal Profession - Judges However in genera...

Legal Profession - Judges However in general speaking that judges of the High Court of Kenya are appointed from among advocates of in case of seven years' standing as like i.e

Continuing guarantees – negotiable instrument, Continuing Guarantees – Nego...

Continuing Guarantees – Negotiable Instrument A continuing guarantee is such type of a guarantee that extends to a series of transactions, so and such is not exhausted through

What is the meaning of policy process planning, What is the meaning of Poli...

What is the meaning of Policy process planning We shall see a step wise guide applied in actual policy formulation. It will pull you out of the jungle of technical interconnect

Analyse the major changes brought to industrial relations, Question 1: ...

Question 1: Critically analyse the major changes brought to Industrial Relations by the Employment Relations Act 2008? Question 2: Write short notes on the followings:

Transfer or passing of property - sales of goods, Transfer or Passing of Pr...

Transfer or Passing of Property - Sales of Goods Perhaps assuming like the seller has a right to sell the goods, so it like necessary to determine the precise moment the trans

Repugnance to justice and morality, Repugnance to Justice and Morality ...

Repugnance to Justice and Morality However the customary law will be applied only whether it is not repugnant to justice and morality.Even though the Act needs the phrase "and

Discuss the role of policy maker, Discuss the role of policy maker A po...

Discuss the role of policy maker A policy maker, who focuses mainly on the possibility of remaining in the office, faces different set of incentives in choosing policy. He trie

Stare decisis and its application by us courts, Stare Decisis and Its Appli...

Stare Decisis and Its Application by US Courts However there is so far no case decided through the US Court of Appeal regarding the application of "stare Decisis" through US C

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd