Sunday, February 23, 2020

Company Law and its results Case Study Example | Topics and Well Written Essays - 1000 words

Company Law and its results - Case Study Example In this case Jamal is not only the director but also is the shareholder of the company. The intended resolution brought by Jamal relating to payment of dividend and his dislike on the style of management reflects the oppression of the minority by the majority represented by Boss and Harris. As has been decided in the above case, when a wrong is committed to a company, only the company is the proper person to bring an action for damage. Since the directors control the company and it is the directors whose conduct is the issue now, only the shareholders have to bring an action in the name of the company. There are certain rules established in the case of Foss v Harbottle. They are: 2. The second rule relates to 'internal management' of the company where the action complained of is something which the majority is entitled to then the action for legal remedy can be brought by the majority only. Relevant cases are: Jamal may not be in a position to bring any action against the remaining directors as the company is the only proper person for taking action against the directors. According to the second rule laid down in Foss v Harbottle since Boss and Harris represent the majority, only they are entitled to bring action if any for remedy. The complaint from Jamal does not fall within the exceptions to the rule laid down in Foss v harbottle as there is no apparent fraud committed by Harris and Boss representing the majority. Issue 2: Resolution brought by Boss and Harris for the removal of Jamal as a director Answer: It is possible that a company by ordinary resolution remove a director before the end of his period of office. Such an action may be brought under section 303 of the Companies Act 1985 notwithstanding anything contained in the Articles of Association of the company or anything contained in any agreement between the company and the director. The removal of a director under section 303 will not deprive the director of his right for compensation or damages payable in respect of the termination of his appointment as director. The director will also be entitled to his right of compensation in respect of the termination of any other appointment. It is obligatory for the company to issue a special notice of the resolution intended to be passed in the general meeting for the removal of a director or to appoint another in the place of the director removed at the meeting in which the director is so removed. Under section 304 on receipt of the notice of an intended resolution to remove a director under

Friday, February 7, 2020

Hunger, How is Our Perception of Hunger Different From That of Essay

Hunger, How is Our Perception of Hunger Different From That of Starving Children and How We Have Become Immune to the Plight of Others - Essay Example Most poor people who battle hunger deal with chronic undernourishment and vitamin or mineral deficiencies, which result in stunted growth, weakness and heightened susceptibility to illness. Countries in which a large portion of the population battles hunger daily are usually poor and often lack the social safety nets we enjoy, such as soup kitchens, food stamps, and job training programs. When a family that lives in a poor country cannot grow enough food or earn enough money to buy food, there is nowhere to turn for help. (http://www.bread.org/learn/hunger-basics/hunger-facts-international.html) Although the problem of hunger has been addressed by the Governments and numerous non-governmental organizations including the UN, the problem still looms large and requires adequate measures and serious tackling. However, do we really realize what is it like to be hungry How do people who are actually affected by it feel and how do they respond to this malady Could we, the so-called problem-solvers and solution-givers find a way out for these craving for a loaf of bread and do we really realize the extent of suffering How do we perceive hunger and how do those affected by it see it This paper tends to critically appraise these questions and tries to find answers to them. It is indeed very easy and simple to make assumptions regarding hungry people when one himself/herself is well-fed and is sitting in cozy rooms trying to find perfect solutions for the hungry and ill-fed masses. In such a scenario, the whole problem of hunger and poverty is seen through rose-tinted glasses and it becomes very convenient for the people on this side of the bridge to indulge themselves in a myriad of facts and figures and toy around with them. Our perception of hunger is vastly... This essay approves that the present age of industrialization and Mcdonaldization has also brought with it some negative symptoms as well. Due to the values of materialism, commercialism and consumerism becoming a part of the psyche of modern man, we no longer care and show respect to the needs of other men and women that are our fellow beings. We, in negation of all humanitarian values and morals, no longer seek to help out those who are less fortunate or are caught in unfavorable situations and circumstances. Thus, we just because are not affected by such maladies forget about those who are caught up in such problems. This paper stresses that there are people and organizations that still care about people that are hungry and do not enjoy all privileges as the minority of world does. There are various organizations, both governmental and non-governmental, that are trying their level best to alleviate the sufferings of the hungry millions and who think of this problem as their own. This report makes a conclusion that people need to contribute more and more to anti-hunger causes and governments should take steps to end the unequal distribution of wealth and ensure a mechanism for quick and efficient supply of food products to all. Organizations should, in their individual capacity as well as with collaboration with various Governments should think of ways to do the same. Only then we would be able to achieve the dream of a hunger-free world where no child goes to bed without food.