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Ltd., was really the same person as Saloman, he could not owe money to himself and that they should be paid their 7,000 first. A Company is a "legal person" or "legal entity" separate from and capable of surviving beyond the lives of, its members. The company is not in law the agent of the subscribers or Trustee for them. Saloman was entitled to 6,000 as the company was an entirely separate person from Saloman. It was argued that no compensation was due because L & lee's Air Farming Ltd. A member of a company can contract with a company of which he is a shareholder. The directors are not precluded from being an employee of the company for the purpose of workmen's compensation legislation. Judgment The court held the certificate to be conclusive for all purposes.Jubilee Cotton Mills Ltd., Facts The ROC issued a COI on Jan 8thbut dated it Jan 6thwhich was the date he received application.There are 21 references cited in this article, which can be found at the bottom of the page.
This situation typically arises when precedents in case law are viewed, by the judge, as outdated or irrelevant in the contemporary society.
When a judge issues a decision that he or she knows will be appealed, the judge will effectively push the case into higher courts where the established precedents may be overturned in favor of a re-evaluation or a new outlook.
Cases on separate legal entity Kandoli tea company Ltd(1886) Facts Certain persons transferred their properties in the name of company on which tax was payable. (1895 - 99) Facts- Saloman sold his business to a company named Saloman & Company Ltd., which he formed. The price paid by the company to Saloman was 30,000, but instead of paying him, cash, the company gave him 20,000 fully paid shares of 1 each &10,000 in debentures. (1960) Facts- Lee incorporated a company of which he was the managing director. Home (1933) Facts- Home was appointed as a managing director of the plaintiff company on the condition that "he shall not at any time while he shall hold the office of a managing director or afterwards, solicit or entice away the customers of the company." His employment was determined under an agreement. Question arose whether the company had become an enemy company due to war&should be barred from maintaining the action. A Company incorporated in United Kingdom is a legal entity, a creation of law with the status & capacity which the law confers. It is not a natural person with mind or conscience. Workmen employed in associated rubber industries Facts A subsidiary company was formed wholly by the holding company with no assets of its own except those transferred to it by the holding company, with no business or income of its own except receiving dividend from shares transferred to it by the holding company. Films Ltd., case Facts An American company produced a film in India actually in the name of British company wherein 90% of the share capital was held by the chairman of the American company which financed the production of the film.
Petition Petitioners claimed exemption from such tax on the ground that the transfer was from them individually to themselves in another name. The company wound up & the assets of the company amounted to 6,000 only. In that capacity he appointed himself as a pilot of the company. A shareholder cannot insure the company's property in his own name even if he is the owner of all or most of the company's shares. Shortly afterwards he opened a business in the name of a company which solicited the plaintiffs customers. Judgment Court held that the company was formed as a devide to reduce the profitsof the holding company and thereby reduce the bonus to workmen. Judgement The contention of the sensor board of films refusing to register the film on the ground that British company has acted merely as an agent of British company was correct.
However, attending law school isn't strictly necessary to acquire this valuable skill.
You can teach yourself how to analyze case law, which begins – but doesn't end – with a thorough reading of the court's written opinion.
I am laying down only those which I feel important from examination point of view.
These caselaws make the concept even clearer because example is a better teacher. (1916) Facts- In a company incorporated in England for the purpose of selling tyres manufactured in Germany by a German Company, all the shares except one was held by the German subjects residing in Germany. Thus the real control of English Company was in German hands. But it can assume enemy character when persons in defacto control of its affairs are residents in any enemy country or whenever resident, are acting under the control of enemies. Held that company was an enemy company for the purpose of trading and therefore it was, barred from maintaining the action.
This assortment of collected opinions may be referred to in a future case by other judges when they themselves offer their rulings on similar cases; this relationship that is derived through case law, enables the law to remain relatively consistent.
The majority of state trial courts—for example the California Circuit Court—will not publish opinions.