Acts
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Section 35 of the Companies Act of 1862 provides that ‘If the name of any person is without sufficient cause entered in or omitted from the register of any company under this Act . . the person or member aggrieved, or any member of the company, or . .
The words ‘just and equitable that the company should be wound up’ in the 5th rule of the 79th section of ‘The Companies Act, 1862, are to be considered ejusdem generis with the four prior rules. Citations: [1866] EngR 120, (1866) 35 Beav 399, (1866) 55 ER 950 Links: Commonlii Jurisdiction: England and Wales Company … Continue reading In Re The Anglo-Greek Steam Navigation And Trading Company, Limited: 8 Mar 1866
Alteration of the articles of association of a company between an application for shares and their allotment, held not to invalidate the allotment, such alteration being made under the authority of the Companies Act, 1862, and the objects of the company not being thereby altered. Citations: [1866] EngR 147, (1866) 35 Beav 646, (1866) 55 … Continue reading Re The English, and Co, Rolling Stock Company Lyon’s Case: 2 May 1866
Public Company – Sale of Bank Stock – Registering Sale after Stoppage of Company – Companies Act 1862, sec. 35A sale of bank stock was made upon a stock exchange on 28th and 30th September, the settling-day being the 16th October. Before the settling-day the bank, who were the purchasers of the stock, suspended payment. … Continue reading City of Glasgow Bank Liquidation – (Nelson Mitchell’s Case) – Nelson Mitchell, Petitioner v The Liquidators: HL 20 May 1879
A company which had gone from voluntary winding up, first to winding up under supervision and then to compulsory winding up, with the official receiver as liquidator. The company’s former managing director was suspected of fraud, but the law officers declined to prosecute. Some of the shareholders wished to prosecute him, mainly at the expense … Continue reading In re London and Globe Finance Corporation Ltd: ChD 1903
Sir William James V-C dismissed a petition for the winding up of a company which had issued large numbers of life policies and annuity contracts, and appeared to be in financial difficulties. He rejected the basis of the ‘just and equitable’ ground in section 79(5) of the 1862 Act, saying: ‘And in my view of … Continue reading In Re European Life Assurance Society: 1869
A company was being voluntarily wound up when one of their creditors poinded the company’s goods for a debt due for expenses in an action of interdict. The liquidators and a majority of three-fourths of the company’s creditors then entered into an arrangement under the above-mentioned sections of the statute, with a view to restraining … Continue reading Clark and Others (Liquidators of West Calder Oil Co) v Wilson and Others: SCS 7 Jun 1878
The parties agreed in principle for the sale of land with potential development value. Considerable sums were spent, and permission achieved, but the owner then sought to renegotiate the deal. Held: The appeal succeeded in part. The finding that Mrs Lisle-Mainwaring’s behaviour in repudiating, and seeking an improvement on, the core financial terms of the … Continue reading Yeoman’s Row Management Ltd and Another v Cobbe: HL 30 Jul 2008