advocatemmmohan
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Cattle
CORPORATIONS – constitution and replaceable rules – types of companies – construction of constitution – company incorporated for multiple occupancy living in a rural environment – dispute about members’ right to use common property for grazing cattle – constitution does not grant a right to graze cattle on common property to members – whether resolution of members passed in March 1999 is effective to withdraw permission to graze cattle on common property – whether resolution modifies class rights in contravention of procedure prescribed under the company’s constitution – whether company’s affairs conducted oppressively – application for winding up company adjourned so parties can modify their affairs on the basis of the Court’s judgment – HELD – resolution not effective to withdraw permission to graze cattle resolution is not a rule or regulation under memorandum of association clause 2(a)(iii) – no interference with class rights TORTS – trespass – trespass to land – defence of licence to enter property – whether defendants liable in trespass to the company for grazing their cattle on common property – HELD – defendants not liable in trespass as existing permission to graze cattle on common property not validly withdrawn by members resolution of March 1999 CONTRACTS – general contractual principles – whether company has breached contract with member by failing to issue lease to member in conformity with company’s constitution – HELD – no breach found MISLEADING AND DECEPTIVE CONDUCT – whether company misled members about the right to graze cattle on common property – HELD – no misleading or deceptive conduct found.
Currawinya Pty Limited v Adam; Adam v Currawinya Pty Limited [No. 2] [2011] NSWSC 1 (28 January 2011) Last Updated: 9 March 2011 Supreme Court New South Wales Case Title: Currawinya Pty Limited v Adam; Adam v Currawinya Pty Limited [No. 2] Medium Neutral Citation: [2011] NSWSC 1 Hearing Date(s): 9 September 2010 Decision Date: … Continue reading
the High Court has struck down the provisions of
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2188 OF 2008 A.P. Dairy Development Corporation … Appellant Federation Versus B. Narasimha Reddy & Ors. …Respondents WITH CIVIL APPEAL NOS. 2189-2212 OF 2008 AND CIVIL APPEAL NO. 4588 OF 2008 J U D G M E N T Dr. B.S. CHAUHAN, … Continue reading
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