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Statutes of General Application: Whereas there is no authoritative definition of a "statute of simple application" the phrase is presumed to refer to those statutes that appli
Order of application of assets: The order of application of assets is therefore as follows: (a) secured creditors who have fixed charges are entitled to be paid out of thei
Issue of additional preference shares: In the Bristol Aeroplane Case it was said of the issue of additional preference shares that: "the existing prefere
Compulsory winding up: At the hearing other creditors of the company may oppose the petition. If so, the court is likely to decide in favour of those to whom the larger amoun
QUESTION (i) (a) What is the composition of the Public Service Commission? (b) How are the commissioners appointed? (ii) (a) What is the composition of the Judicial a
State the royal assent for the procedure of parliamentary. The Royal Assent: It is specified when the Bill has passes by both Houses successfully and is usually simply fo
Purchase of Shares - Voidable Contracts However an infant who applies to is allotted, a company's shares becomes a member to the company under S.28 (2) for the Companies Act f
QUESTION 1 The proliferation of tribunals, enquiries and quasi-judicial bodies constitutes the risk of a new type of despotism in running public affairs. How do the courts ensu
DISCLAIMER OF ASSETS: The liquidator has a statutory right of disclaimer of assets: s.135. The rules are: (a) he must obtain leave of the court; (b) the right o
Unity and continuity of domicile Conversely S.10 of the Act provides such no person may have more than one domicile at any one time and no person shall be deemed for be witho
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