Kotla Venkataswamy versus Rammurthy, AIR 1934 Mad 579

This case states that the Doctrine of Constructive Notice mandates that before entering into a transaction with a company, one should be well aware of the rights and obligations of the directors of the company, all the more so, when the concerned documents are available for public access.

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.

Life Insurance Corporation of India versus Escorts Ltd. & Ors, 1986 AIR 1370

"When a requisition is made by a shareholder calling for a general meeting of the company under the provisions of the Companies Act, 1956 validly to remove a director and appoint another, an injunction cannot be granted by the Court to restrain the holding of a general meeting. The holders of the majority of the stock of a Corporation have the power to appoint, by election, directors of their choice along with the power to regulate them by a resolution for their removal. This is the essence of corporate democracy. "

Bristol and West Building Society versus Mothew, (1998) Ch. 1

This case gave a rather more concrete and segregated definition as to what all duties formed the body of fiduciary duty for a professional, and in what circumstances do these fiduciary duties arise and when are they are supposed to be followed by the professional in question. Although the solicitor as a professional had a fiduciary duty to uphold, but not every breach of care done by the solicitor as a professional can be counted as a breach of fiduciary duty. In the case of Mr. Mothew, the building society was made aware of all the risks involved, after which they had consented to the acts of Mothew. This, in turn, removed the causal link for the breach so alleged against Mr. Mothew.

Bar Council of India versus A K Balaji and Ors, Civil Appeal No. 7875-7879 of 2015

The Supreme Court has given a concrete shape to the definition of ‘legal profession’ in India. After this judgment, legal profession is not only confined to appearing before the Courts but also includes the other works related to the legal profession, such as tending legal opinion, drafting instruments or even participating in conferences where any form of legal discussion is ongoing.