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Hickman V Kent or Romney Marsh Sheep-Breeders' Association

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       UNIT[pic 1]

                                     COMPANY LAW

                                         GROUP 4:

Hickman v Kent or Romney Marsh Sheep-Breeders' Association (1915):

[pic 2]

GROUP MEMBER:

  • Daniyal Abbas khan (s65586)
  • Ahmer khalid (s65431)

Table of Content:

CONTENT

PAGE NUM

SUMMARY OF CASE

3

FACTS

3-6

ISSUE

6-7

RELEVANT LAW

7

ARGUMENTS

8

JUDGMENT

9

CONCLUSION

9

REFERNCE

10

                                   

Summary of the Case:

Date:

  • Hearing Date: 25 march 1915.

  • Judgment Date: 31 march 1915.

Court:

  • Chancery division.

Judges:

  • Astbury J.

Plaintiff:

  • Alfred J Hickman.

Defendant:

  • Kent or Romney Marsh Sheep-Breeders' Association.

 

Facts:

  • The company called Kent or Romney Marsh Sheep-Breeders' Association was registered on 23rd of April as a non-profit association.
  • The main purpose of this association is to increase the production and to sustained the purity of the sheep breed called Kent or Romney marsh sheep at home or abroad.
  • Anyone can become the member of this association by signing the contract.
  • There contract contains lot of article or clauses. Some of important clauses are:

  • Article number 9:

according to article number 9. The new member has to pay entrance fee and he supposed to pay annual subscription which was due on 1st of January every year. He can withdraw from this association prior three months of leaving the association in written to secretary of Kent or Romney marsh sheep breeders”  

  • Article number 10:

all members should follow the law, regulation and orders of the council. He is liable for the benefit of association and government”

  • Article number 11:

the member who failed to satisfy the criteria he will be disqualify. From the association”

  • Article 31-41:

these articles are about the constitution of organisation and election or council and offices. These articles are also about the

associations management that they are supposed to work for the benefit of organisation”  

  • Article 42:

“this article comprises all the power association directors hold. That they are in power to appoint and remove clerks and other office or management staff. They are in power to fix their salaries as well. They also in power to impose fine if someone breaches the contract and he failed to pay subscription on time. The have right to choose which information is for publication. They were responsible to organise meetings. They were also in power to add any regulation which they think is not in the favour of association or vice versa”

  • Article 45:

 “the association is responsible to record every single minute of meeting and council as well which can be used as an evidence”

  • Article 48:

“the members of the council and other officers are responsible for the funds against all cost, charges, damages and other expense”

  • Article 49:

“in case of conflict between association and member regarding to anything should forward to one arbitrators. If they are not satisfying with the decision of single arbitrators which is appointed by the mutual consent of both parties and then case forward to two arbitrators (one arbitrator from each party) they can also appoint umpire for these two arbitrators and if they are not satisfy with the decision they can forward this case to High Court upon the application of either party”

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