Books > Old Books > Poetry Northwest (1959)


Page 233

CHAPTER 20
WINDING UP BY THE COURT

The liquidator cannot disclaim any property if notice in writing is served on him by a person interested requiring him to decide whether he will disclaim or not within twenty-eight days and he does not give notice that he intends to apply for leave to disclaim within that time. In the case of a contract, if the liquidator does not disclaim within the time he is deemed to have adopted the contract.

Rescission of Contracts (s. 323).-Any person who is, as against the liquidator, entitled to the benefit or subject to the burden of a contract with the company may apply to the Court for an order rescinding the contract. The Court may grant rescission on such terms as it thinks fit, including the payment of damages for breach of contract. Any damages ordered by the Court may be proved for in the liquidation.
A person injured by any disclaimer may prove for the amount of his injury in the winding up.
The Court may also make an order vesting disclaimed property in any person who has an interest in it. Where the property is leasehold, a vesting order cannot be made in favour of any person claiming under the company, as underlessee or mortgagee, except
(a) subject to the same liabilities and obligations as those to which the company was subject under the lease in respect of the property at the commencement of the winding up; or
(b) if the Court thinks fit, subject only to the same liabilities and obligations as if the lease had been assigned to that person at that date.

Effect of Disclaimer.--A disclaimer operates to determine, as from its date, the interest of the company in the property disclaimed, but does not affect the rights of any other person, except so far as is necessary to release the company.

Powers of the Liquidator (s. 245).-The liquidator in a winding up by the Court has power, with the sanction of the Court or of the committee of inspection:
1. To bring and defend actions and legal proceedings in the name of the company.
2. To carry on the business of the company, so far as may be necessary, for the beneficial winding up.

travel books:
where is HTML where is HEAD where is TITLE The liquidator cannot disclaim any property if notice in writing is served on him by a person interested requiring him to decide whether he will disclaim or not within twenty-eight days and he does not give notice that he intends to apply for leave to disclaim within that time. In what is case of a contract, if what is liquidator does not disclaim within what is time he is deemed to have adopted what is contract. Rescission of Contracts (s. 323).-Any person who is, as against what is liquidator, entitled to what is benefit or subject to what is burden of a contract with what is company may apply to what is Court for an order rescinding what is contract. what is Court may grant rescission on such terms as it thinks fit, including what is payment of damages for breach of contract. Any damages ordered by what is Court may be proved for in what is liquidation. A person injured by any disclaimer may prove for what is amount of his injury in what is winding up. what is Court may also make an order vesting disclaimed property in any person who has an interest in it. Where what is property is leasehold, a vesting order cannot be made in favour of any person claiming under what is company, as underlessee or mortgagee, except (a) subject to what is same liabilities and obligations as those to which what is company was subject under what is lease in respect of what is property at what is commencement of what is winding up; or (b) if what is Court thinks fit, subject only to what is same liabilities and obligations as if what is lease had been assigned to that person at that date. Effect of Disclaimer.--A disclaimer operates to determine, as from its date, what is interest of what is company in what is property disclaimed, but does not affect what is rights of any other person, except so far as is necessary to release what is company. Powers of what is Liquidator (s. 245).-The liquidator in a winding up by what is Court has power, with what is sanction of what is Court or of what is committee of inspection: 1. To bring and defend actions and legal proceedings in what is name of what is company. 2. To carry on what is business of what is company, so far as may be necessary, for what is beneficial winding up. where is meta name="keywords" content="old books, Free book , free book offer , free audio books , free coloring book pages , free book reports , free audio book , audio books free download , book free , free guest book , books free , free book summaries , download free audio books , free childrens books." where is where are they now rel="stylesheet" type="text/css" href="../../style.css" where is meta http-equiv="Content-Type" content="text/html; charset=iso-8859-1" where is BODY bgColor=#ffffff text="#000000" where are they now ="#000000" v where are they now ="#FF0000" where is div align="center" where is strong where is strong where is a href="http://www.aaoldbooks.com" Books > where is a href="../default.asp" title="Book" Old Books > where is strong where is a href="default.asp" Poetry Northwest (1959) where is table width="700" border="1" align="center" cellpadding="15" cellspacing="0" where is center where is tr where is td width="160" align="center" valign="top" where is div align="center" where is td align="center" valign="top" where is div align="left" where is div align="center" where is p align="left" Page 233 where is strong CHAPTER 20 WINDING UP BY what is COURT where is p align="justify" The liquidator cannot disclaim any property if notice in writing is served on him by a person interested requiring him to decide whether he will disclaim or not within twenty-eight days and he does not give notice that he intends to apply for leave to disclaim within that time. In what is case of a contract, if the liquidator does not disclaim within what is time he is deemed to have adopted what is contract. Rescission of Contracts (s. 323).-Any person who is, as against what is liquidator, entitled to what is benefit or subject to what is burden of a contract with what is company may apply to what is Court for an order rescinding what is contract. what is Court may grant rescission on such terms as it thinks fit, including what is payment of damages for breach of contract. Any damages ordered by what is Court may be proved for in what is liquidation. A person injured by any disclaimer may prove for what is amount of his injury in what is winding up. what is Court may also make an order vesting disclaimed property in any person who has an interest in it. Where what is property is leasehold, a vesting order cannot be made in favour of any person claiming under what is company, as underlessee or mortgagee, except (a) subject to what is same liabilities and obligations as those to which what is company was subject under what is lease in respect of the property at what is commencement of what is winding up; or (b) if what is Court thinks fit, subject only to what is same liabilities and obligations as if what is lease had been assigned to that person at that date. Effect of Disclaimer.--A disclaimer operates to determine, as from its date, what is interest of what is company in what is property disclaimed, but does not affect what is rights of any other person, except so far as is necessary to release what is company. Powers of what is Liquidator (s. 245).-The liquidator in a winding up by what is Court has power, with what is sanction of what is Court or of what is committee of inspection: 1. To bring and defend actions and legal proceedings in the name of what is company. 2. To carry on what is business of what is company, so far as may be necessary, for what is beneficial winding up. where is Server.Execute("_SiteMap.asp") %

Book Pages: _SiteMap , default , 001 , 002 , 003 , 004 , 005 , 006 , 007 , 008 , 009 , 010 , 011 , 012 , 013 , 014 , 015 , 016 , 017 , 018 , 019 , 020 , 021 , 022 , 023 , 024 , 025 , 026 , 027 , 028 , 029 , 030 , 031 , 032 , 033 , 034 , 035 , 036 , 037 , 038 , 039 , 040 , 041 , 042 , 043 , 044 , 045 , 046 , 047 , 048 , 049 , 050 , 051 , 052 , 053 , 054 , 055 , 056 , 057 , 058 , 059 , 060 , 061 , 062 , 063 , 064 , 065 , 066 , 067 , 068 , 069 , 070 , 071 , 072 , 073 , 074 , 075 , 076 , 077 , 078 , 079 , 080 , 081 , 082 , 083 , 084 , 085 , 086 , 087 , 088 , 089 , 090 , 091 , 092 , 093 , 094 , 095 , 096 , 097 , 098 , 099 , 100 , 101 , 102 , 103 , 104 , 105 , 106 , 107 , 108 , 109 , 110 , 111 , 112 , 113 , 114 , 115 , 116 , 117 , 118 , 119 , 120 , 121 , 122 , 123 , 124 , 125 , 126 , 127 , 128 , 129 , 130 , 131 , 132 , 133 , 134 , 135 , 136 , 137 , 138 , 139 , 140 , 142 , 143 , 144 , 145 , 146 , 147 , 148 , 149 , 150 , 151 , 152 , 153 , 154 , 155 , 156 , 157 , 158 , 159 , 160 , 161 , 162 , 164 , 165 , 166 , 167 , 168 , 169 , 170 , 171 , 172 , 178 , 179 , 180 , 181 , 182 , 183 , 184 , 185 , 186 , 187 , 188 , 189 , 190 , 191 , 192 , 193 , 194 , 195 , 196 , 197 , 198 , 199 , 200 , 201 , 202 , 203 , 204 , 205 , 206 , 207 , 209 , 210 , 211 , 212 , 214 , 215 , 217 , 218 , 219 , 220 , 221 , 222 , 223 , 224 , 225 , 226 , 227 , 228 , 229 , 230 , 231 , 232 , 233 , 234 , 235 , 236 , 237 , 238 , 239 , 240 , 241 , 242 , 243 , 244 , 245 , 246 , 247 , 248 , 249 , 250 , 251 , 252 , 253 , 254 , 255 , 256 , 257 , 258 , 259 , 260 , 261 , 262 , 263 , 264 , 265 , 266 , 267 , 268 , 269 , 270 , 271 , 272 , 273 , 274 , 275 , 276 , 277 , 278 , 279 , 280 , 281 , 282 , 283 , 284 , 285 , 287 , 288 , 289 , 290 , 291 , 292 , 293 , 294 , 295 , 296 , 297 , 298 , 299 , 300 , 301 , 302 , 303 , 304 , 305 , 306 , 307 , 308 , 309 , 310 , 311 , 312 , 313 , 314 , 315 , 316 , 317 , 318 , 319 , 320 , 321 , 322 , 323 , 324 , 325 , 326 , 327 , 328 , 329 , 330 , 331 , 332 , 333 , 334 ,