V.S. Ramaswamy Iyer And Anr. vs Brahmayya & Co.

The position of the directors is indeed an important issue for the assessment liabilities of the directors. In this case, the position of the Director of the Bank was an important aspect for consideration. After the death of the director, the Court held that the claim made against the legal representatives of the director was barred by limitation, and therefore untenable before the court of law.

J & J Sports Production, Inc versus Royster, No. RWT 10cv 569

After their continuous absence and non-responsiveness to the notices of the Court, the court allowed plaintiff’s application for a default judgment The court allowed for recovery only under one statute because the offences under the two statures were essentially the same, and thus, allowing recovery under both the statutes would have been nothing less than ‘double recovery’ from the defendants. The Court pondered over damages under three heads – statutory damages, enhanced damages, and other fees related to Attorney’s costs and other costs so incurred.

Kelner versus Baxter, (1866) LR 2 CP 174

A company is not bound by any contract that it may have entered into before the company was incorporated. this case clarified that the promoters can be held personally liable in the case where they are the one who have entered into the contract on behalf of the company, since the company could not have adopted or subsequently ratified the contract. In itself, the document would never be binding, since the company never existed in the first place.

Gilford Motor Company Ltd versus Horne [1933] Ch. 935 (CA)

The primary concern, in this case, was the restrictions being made on the trade of an individual. Moreover, this case is also known for elaborating the concept of lifting of the corporate veil to uncover fraud or a sham and hold the directors of the company personally liable for the wrongdoings done by them under the garb of the corporate identity.

Fergusson Versus Wilson, (1866) LR 2 Ch App 77

The Article deals with the analysis of the rulings established by the Scottish Court of Sessions in Fergusson versus Wilson. The article gives a brief background about the facts of the case. It also deals with the rulings established and an analysis of those rulings in the light of the established jurisprudence on the issue.

Cotman versus Brougham, 1918 AC 514

The doctrine of ultra vires against third parties has been mostly done away with. This doctrine is only relevant to ascertain the object of any company who has registered the object clause as a part of its MOA. The case in itself holds little or no relevance in any other scenario due to changes made by the Companies Act of 2006.

Brown versus La Trinidad, (1887) 37 Ch. D. 1

The case held that a pre-incorporation contract entered into by the companywould not bind the company, subsequent to the incorporation of the company if the conditions of the pre-incorporation agreement have not been fulfilled by the other party. In this case, the company sought to remove the plaintiff after the incorporation, whereas the agreement prohibited the same, but the company was held to be free to do so.