...Fact of the Case This suit regarding damages for breach of fiduciary duty where plaintiff claimed against the first defendant and 3 others who holding director position in Kesang Corporation Bhd ('KCB') for transfering a property owned by him to a third party without his concern. The property is an apartment in Tanjung Tuan Port Dickson which was bought from a company known as Tanjung Tuan Resort Development Sdn Bhd which then transferred to KCB and then to third parties. The plaintiff's claims against the second, third and fourth defendants have previously been withdrawn. Plaintiff claimed against the first defendant for damages for breach of fiduciary duty as a director of the plaintiff's company. The trial of the case began on 21 March 2005. While the present case of trial still ongoing, Plaintiff applied to obtain a leave of Bankruptcy to proceed against the first defendant pursuant to Bankruptcy Act 1967 on 23 January 2007 who had hear adjudged as bankrupt on 11 July 2005.The case call up for continued hearing on 30 March 2007. The first defendant counsel inform the court that he had applied to the Director General of Insolvency for sanction pursuant to s 38(1)(a) of the Bankruptcy Act to defend the action and to retain Messrs David Lingam & Co as his solicitors and Mr. David Lingam as his counsel. On 13 September 2007, Encik Zahari who represented the Director General of Insolvency and Encik Sadacharam Raman as amicus curiae applied for an adjournment for sanction...
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...Unit 3 Assignment: Minor Asylum Case Brief PA 401: Advanced Legal Writing Gonzalez v. Reno, 212 F. 3d 1338 (2000) Facts: This is an Appeal from the United States District Court for the Southern District of Florida. (No. 00-002606-CV-KMM). K. Michael Moore, Judge. Gonzalez v. Reno, 86 F. Supp. 2d 1167, 2000 U.S. Dist. LEXIS 3225 (S.D. Fla., 2000) Parties to this case include: Elian Gonzalez minor child, Lazaro Gonzalez plaintiff temporary legal custodian, and Attorney General Janet Reno. Six-year-old Cuban national Elian Gonzalez was rescued from the water several miles off Fort Lauderdale Florida. Elian was transferred to a United States Coast Guard vessel so he could be transported to a nearby hospital for treatment. Elian's mother, Elisabeth Brotons, drowned during the voyage from Cuba. The INS temporarily paroled him into the care of Lazaro Gonzalez, his great uncle, in Miami. Plaintiff is the temporary legal custodian, who filed an asylum application on his behalf against the wishes of his father in Cuba. The reason the plaintiff did want to return was, because he claimed that Plaintiff had a well-founded fear of persecution because many members of Plaintiff's family had been persecuted by the Castro government in Cuba. In particular, according to the applications, Plaintiff's stepfather had been imprisoned for several months because of opposition to the Cuban government. Two of Plaintiff's great-uncles also had been imprisoned for their political acts. Plaintiff's...
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...Case 1 KRISHNA JAJODIA | 1402079 Plaintiff vs Defendant Garware-Wall Ropes Ltd Techfab India And 5 Ors. Case : Patent infringement The Case (Facts) Gujarat High Court Bench: M Shah, K Puj Appellant is a well reputed manufacturer and seller of synthetic ropes, twines and yarns, nettings and various rope products including Geosynthetic products and systems. One of such products manufactured and sold by the appellant is known as Synthetic Rope Gabion, referred to as SRG Invention in the plaint of the suit. SRG Invention, developed by the appellant through its exhaustive R&D experiments was granted a Patent Such claim for a patent by the appellant was published in the Gazette of India for opposition, if any on 04.02.2005. As there was no opposition, the Controller of Patent sealed the patent on 13.05.2005. It bears a Patent No. 195352 in favour of the appellant. Appalent’s appeal The respondent 1 has infringed their patent and started manufacturing and selling of product similar to SRG invention The respondent Nos. 2 to 6, who were serving with the appellant and were closely connected with the affairs of the appellant's patented SRG Invention, were absorbed by respondent No. 1. The injunction application was heard by this Court and vide CAV Judgment dated 13.07.2006, the Learned Single Judge has refused to grant the interim injunction as prayed for by the appellant. Mr. Kamal Trivedi, learned Senior Counsel appearing with Mr. Y. J. Trivedi for the appellant has submitted...
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...Code of Civil Procedure, 1908. ACT [21st March 1908] NO. V OF 1908 An Act to consolidate and amend the laws relating to the Procedure of the Courts of Civil Judicature. WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; It is hereby enacted as follows: - PRELIMINARY 1.-(l) This Act may be cited as the Code of Civil Procedure, 1908. (2) It shall come into force on 1[(3) It extends to the whole of Pakistan.] the first day of January 1909. 2. In this Act, unless there is anything repugnant in the subject or context,(1) "Code" includes rules: (2) "decree" means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties which regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint 2[the determination of any question within section 144 and an order under rule 60, 98, 99, 101, or 103 of Order XXI] but shall not include; (a) any adjudication form which an appeal lies as an appeal from an order, or (b) any order of dismissal for default. Explanation. - A decree is preliminary when further proceedings have to be taken before the suit can be completely dispose of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final; ...
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...TO: Meegan Zickus FROM: Paralegal RE: Jane Doe, Asylum DATE: 4/5/14 Gonzalez v. Reno, 212 F. 3d 1338 (2000). FACTS: The parties to this case are Elian Gonzalez, a minor child, by and through Lazaro Gonzalez, as temporary legal guardian as Plaintiffs verses Janet Reno, Attorney General of the United States, Doris Meissner, Commissioner, Robert Wallis, District Director both for United States Immigration and Naturalization Service, all know as the Defendants. Lastly Juan Miguel Gonzalez, the minor’s father, Intervener. The parties to this case are seeking the remedy of asylum for Elian Gonzalez. Plaintiff is a minor child, Elian Gonzalez, from Cuba, a survivor of a capsized boat at sea. His mother did not survive. Once in the US, Plaintiff was placed in the care of his great uncle, Lozaro Gonzalez. Against the wishes of Elian’s father, the great uncle and Elian filed for asylum. This application for asylum was rejected and deemed legally void by the INS. The appeal was dismissed because Elian’s father did not apply for the asylum. According to denial the father is the only one who can speak for Elian. The Plaintiff asked the Attorney General to overrule the INS decision and the Attorney General decided not to overrule the decision. Plaintiffs appealed to the Federal District court. The Plaintiffs argued that the appeal to the District Court violated 8 USC § 1158 and the 5th amendment due process clause. The District Court turned down both claims...
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...Introduction: In this case, David has been identified as the “Plaintiff” while Robert Boyd Pty. Ltd. has been identified as the “Defendant” [Vicarious Liability]. The issue in this case is whether what rights, if any, does David have against Robert Boyd Pty. Ltd. under the tort of negligent misstatement in relation to Andrew’s assurance relating to the seating capacity of the restaurant. STEP 1: Issue: Does the defendant, Robert Boyd Pty. Ltd., owe the plaintiff, David, a duty of care? Rule: (Shaddock) proves that whenever a person gives information or advice to another upon a serious matter in circumstances where the speaker realises, or ought to realise, that he is being trusted to give the best of his information or advice as a basis for action on the part of the other party and it is reasonable in the circumstances for the other party to act on the information or advice, the speaker comes under a duty to exercise reasonable care in the provision of the information or advice he chooses to give. Application: Hence, in this case, David is a neighbour in the legal sense to the defendant, Robert Boyd Pty. Ltd. as they were paid A$ 25,000 under a contract for their services to design the interior and exterior, including the layout and position of tables and chairs of David’s restaurant. Thereby a closely proximate relationship was formed, where David is closely and directly affected by any actions of Robert Boyd Pty. Ltd. The economic loss incurred by the plaintiff as a result...
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...commerce, globalization of trade and industry and need to encourage investment and transfer of technology and for simplification and harmonization of trade marks management systems, Trade Marks Act, 1999 was enacted repealing the Trade and Merchandise Marks Act, 1958, with the object to provide for registration and better protection of trade marks for goods and services and for the prevention of use of fraudulent marks. Some of the features of the Trade Marks Act, 1999 are: 1. Registration of trade marks for services besides the goods; 2. Not to permit imitations of trade marks; 3. Factors to be considered for defining a well known trade mark; 4. Simplifying the procedure by producing only a single register and simple application for registration in more than one class; 5. Enlarging the scope of permitted use; 6. Providing for enhanced punishments for offences; 7. Providing for Appellate Board. “A trademark is any sign that individualizes the goods of a given enterprise and distinguishes them from the goods of its competitors.” This definition comprises two aspects, which are sometimes referred to as the different functions of the trademark, but which are, however, interdependent and for all practical purposes should always be looked at together. In order to individualize a product for the consumer, the trademark must indicate its source. This does not mean that it must inform the consumer of the actual person who has manufactured the...
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...Rule of the Case: The defendant by accepting a fee for an application, bound itself to fulfill the promises stated in the school’s bulletin for a applicant to have their application judged according to the school’s stated criteria. Robert I. Steinberg, Individually and as Representative of Class, Plaintiff-Appellant, v. Chicago Medical School, Defendant-Appellee 41 III. App. 3d 804; 354 N.E.2s 586; 1786 III. App. LEXIS 3028 Facts: Plaintiff Robert Steinberg argues that in December of 1973, he applied for admission to the defendant, the Chicago Medical School, as a first year student for the 1974-1975 academic year and paid an application fee of $15. Steinberg filed a class action lawsuit after being rejected to the plaintiff’s claim that the school had failed to evaluate his application and those of other applications according to the school’s academic entrance standard that was printed on the school’s bulletin. The plaintiff alleged that the school acceptance of a first year class applicant was based on non-academics criteria such as applicant’s relationships to the schools faculty members, to its board members and the ability of a applicants or his family to pledge or make payment of large sums of money to the school. Steinberg sought an injunction against the school to prohibit them for such admission practices and returning money collected from applicants during a 10-year period prior to filing the suit. The defendant filed a motion to dismiss on the grounds that...
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...Civil Conspiracy Finally, the Plaintiff claimed the Defendants conspired against him to deny him due process. Civil conspiracy require the following: “two or more persons, an object to be accomplished, a meeting of the minds in the object or course of action, one or more unlawful overt acts, and damages as the proximate result thereof.” (Stoldt v. City of Toronto, 1984). Because the court determined there was no due process violation, there was no object to be accomplished. Additionally, there was an overall lack of evidence to prove civil conspiracy. This, the court granted summary judgment on this claim. Implications The case demonstrates that a college has the ability to dismiss a student based on their own unique admission standards....
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...Negligence We started our journey into negligence with Winterbottom v Wright (1842) 10 M &W 109. In that case the plaintiff Winterbottom was working for the Postmaster General as a driver of mail coach supplied by the Postmaster and the defendant Wright was contracted by the Postmaster to maintain the coach in a safe state. One day the plaintiff was in the coach when it collapsed and suffered injuries as result. He tried to sue the defendant in negligence but was unsuccessful. The court held that the defendant already owed a duty of care in contract, it could not also have a duty of care in tort. This case took place during the infancy of the industrialisation in the 19th century when it was in public interest to encourage innovation and technology. Similar social engineering also saw the courts in that era shield employers from actions of injured workers which would explain why the plaintiff did not sue the Postmaster. But the main reason why negligence had such a limited application was because the courts were wary of the potential of allowing unlimited actions. Heaven v Pender (1883) 11 QBD 503 took place some 40 years after Winterbottom. This is an important case because this is where Brett MR tried to establish the general principles of duty of care and expand the concept to be applied in all situations. However the court instead found for the injured plaintiff based on a duty of care owed by an occupier of land to invitees. Nearly 100 years after Winterbottom...
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...Kogyo Kabushiki Kaisha v Allied Pacific Motor (M) Sdn Bhd [HCM] 11/25/12 www.ipsofactoJ.com/highcourt/index.htm [2005] Part 1 Case 14 [HCM] Coram Judgment HIGH COURT OF MALAYA Honda Giken Kogyo Kabushiki Kaisha - vs Allied Pacific Motor (M) Sdn Bhd 22 MARCH 2003 SURIYADI HALIM OMAR J Suriyadi Halim Omar, J 1. The plaintiff has applied for an interlocutory injunction before me relying on infringements of its registered industrial designs and copyright works, by defendants, as the causes of action. Simply put two types of infringement have occurred. The first cause of action i.e. the infringement of the registers industrial designs in Malaysia relates to the following registrations: 1. No MY 01-00265 for a motor scooter (registered on December 7, 2000); 2. No MY 01-00278 for the rear combination lamp (registered on December 7, 2000); 3. No MY 01-00280 for a motor scooter (registered on December 7, 2000); 4. No MY 01-00281 for leg shields of a motor scooter (registered on December 7, 2000); and 5. No MY 01-00290 for handle cover equipped with lights of a motor scooter (registered on December 7, 2000). Hereinafter these 5 designs will be referred to as "the registered industrial designs" or merely "designs"). 2. The abovementioned designs infringement here pertained to parts of a motorcycle and the vehicle proper, embodied in the plaintiffs Honda Wave 125 model, allegedly imitated by the defendants under its own version known as Comel Manja JMP 125 (see as an example...
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...learning theories inside the four walls of our classroom is a great foundation to start understanding our laws. However, the knowledge we have would be more appreciated and internalized upon experiencing the real application of these laws in the real world. Remedial law, is indeed, one of the subjects that we would appreciate more by letting us immerse into the courtrooms and be able to observe firsthand how the procedural rules of court are actually carried out. In line with this, last March 14 we went to the Regional Trial Court to observe how the presentation and examination of the witnesses are conducted. CIVIL CASES For the civil cases, we went to RTC - branch 9, under Judge Alexander Acosta. I. SPS. Alba vs Bank of Commerce & Rex Carampatana For: Enforcement of Easement of Right of Way, Etc Counsel: Atty. Dante T.Ramos..............................for plaintiff Atty. Ricarte D. Maderazo........for defendant(Rex Carampatana) Atty. Marites G. Hoisapple......for defendant(Bank of Commerce) Hearing: (Application for Preliminary Injunction)Continuation of Cross Examination of defendant Carampatana 1. When I entered the court room, the hearing for the day has already commenced. At that point in time, Atty. Ramos the counsel for the plaintiff was already conducting his cross examination against the witness-defendant. It was noticeable that Atty. Ramos was only asking leading questions to the witness but the witness would want to explain further and...
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...law associates Brief description of nature/Impact of cases are stated below Sr. No. | Parties to case | History of case | Court | Lawyer’s opinion | Accounting Impact | 1 | Ocean Petroleum Limited Vs. Federation of Pakistan, Directorate General Petroleum Concession, Dfera Energy Limited, Dfera (Pakistan) Exploration G.M.B.H, Zaver Petroleum Corporation Limited and Government holding Limited. | Intra court appeal (ICA) has been filed by Plaintiff against Judgment of Single bench. In writ petition Plaintiff has challenged No objection certificate(NOC) issued by Directorate General Petroleum Concession to OMEL and a direction to DGPC to restrain OMEL from alienating, transferring, disposing it’s interest in Maher Concession and direction to enter into contract with any party, Particularly OMV(Pakistan) G.m.b.H. To Date there is no injunction order in the matter. In aforesaid Writ petition Zaver Petroleum Corporation Limited (ZPCL) and Ocean Petroleum Limited was plaintiff before single member bench but in intra court appeal before Division Bench Zaver Petroleum Corporation Limited has opted not to appeal against Judgment of Single Member Bench. Intra court appeal has been dismissed by the court but due to typographical errors in judgment the application for correction has been pending | Islamabad High Court, Islamabad.ICA No.73/2012 in W.P 941/2011 | M/s AR Awan Raza has been engaged by The Branch as lawyer in the Case. As per lawyers opinion, This matter represents no risk...
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...Offer Cases 1. Wrench (D) offered to sell his estate to Hyde for 1200 pounds and Hyde (P) declined. Wrench then made a final offer to sell the farm for 1000 pounds. Hyde in turn offered to purchase the property for 950 pounds and Wrench replied that he would consider the offer and give an answer within approximately two weeks. Wrench ultimately rejected the offer and the plaintiff immediately replied that he accepted Wrench’s earlier offer to sell the real estate for 1000 pounds. Wrench refused and Hyde sued for breach of contract and sought specific performance, contending that Wench’s offer had not been withdrawn prior to acceptance. (idk this case can be consideration or not?) 2. Peter’s car has been stolen. He places an advertisement in the Morriston Evening News stating that a reward of 1,000pound will be given to any person who provides information leading to the recovery of the car – provided the reward is claimed by 1 January. Andrew, a policeman, finds the car, which has suffered severe accident damage. His best friend Kelvin tells him about the reward and Andrew applies for it by a letter posted on 30 December. The letter arrives at Peter’s house on 2 January. (this cases can also be at consideration of under past consideration) 3. In January last the nephew of the defendant absconded from home and no trace of him was found. The defendant sent his servants to different places in search of the boy and among them was the plaintiff who was the minim of his firm...
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...of the Parties: Plaintiff- Williams Eilers (24 year old male) a. Defendants- Plaintiff’s parents, relatives, and deprogrammers 3) Procedural History: Plaintiff accused defendants of false imprisonment and the violation of his civil rights during the attempt deprogramming. Plaintiff motioned for directed verdict. Motion for directed verdict granted. 4) Facts: Family claims in a letter dated 08/16/82 the plaintiff allegedly threatened to commit suicide. On 07/26/82 Joyce Peterson (psychiatric social worker) interviewed the plaintiff and reported to the parents of the plaintiff that the plaintiff was not a threat to himself or others. On Monday 08/16/82 Plaintiff and wife abducted from a clinic in Winona Minnesota by their parents to deprogram them from the religious group Disciples of the Lord Jesus Christ. Plaintiff held against his will at Tau Center, restrained, and monitored by hired security. Instructions were given to not allow the plaintiff to leave the facility. After several days of resistance plaintiff appeared to consent. On Saturday 8/21/82 during transport to Iowa City, Iowa for further deprogramming the plaintiff escaped out the moving vehicle, and was subsequently helped by civilians who summoned police. 5) Issue: The claim of false imprisonment and violation of plaintiff’s civil rights during attempted deprogramming. Is the application of the defense of necessity applicable in this case? 6) Holding and rule derived from case: Yes, the directed...
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