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691.  DECEMBER 1996 Issue
p.544

Transfer of an Undertaking
Chandran, Ravi  •  [1996] Sing JLS 544 (Dec)

692.  DECEMBER 1996 Issue
p.553

Latest Improvements to the Woman's Charter Women's Charter (Amendment) Act 1996
Chan, Wing Cheong  •  [1996] Sing JLS 553 (Dec)

693.  DECEMBER 1996 Issue
p.600

Discharge Under the New Bankruptcy Regime Re Ng Lai Wat
Lee, Eng Beng  •  [1996] Sing JLS 600 (Dec)

694.  DECEMBER 1996 Issue
p.608

Swaps: Compound Interest and Equitable Proprietary Interests Westdeutsche Landesbank Girozentrale v Islington London Borough Council
Tjio, Hans  •  [1996] Sing JLS 608 (Dec)

695.  DECEMBER 1996 Issue
p.623

Book Review: Review of Judicial and Legal Reforms in Singapore between 1990 and 1995 (By Various Authors for the Singapore Academy of Law)
Fordham, Margaret  •  [1996] Sing JLS 623 (Dec)

696.  DECEMBER 1996 Issue
p.624

Book Review: Law of Real Property and Conveyancing by N Khublall (3rd Edition)
Teo, Keang Sood  •  [1996] Sing JLS 624 (Dec)

697.  JULY 1996 Issue
p.1

Working out the Presidency : No Passage of Rights - In defence of the Opinion of the Constitutional Tribunal
Chan, Sek Keong  •  [1996] Sing JLS 1 (Jul)
In 1994, a difference of opinion arose between the President and the Government on whether the President had the power, under Article 22H(1) of the Constitution, to veto a Bill to amend Article 22H(1). The Constitution was amended to establish a Tribunal to which any question as to the effect of a constitutional provision on any Bill could be referred for its opinion. In the first reference heard on 17 March 1995, the Tribunal advised that the President had no power under Article 22H(1) to veto a Bill to amend Article 22H(1) itself. The Tribunal's position as well as the case for the Government was strongly criticized in an article published in the December 1995 issue of this journal. This article is a reply to those criticisms.

698.  JULY 1996 Issue
p.43

Badges of Trade Revisited
Teo, Keang Sood  •  [1996] Sing JLS 43 (Jul)
This article looks at the question of trading in the Singapore and Malaysian contexts. The focus in on transactions in real property. It seeks to establish that, contrary to what has been argued, an isolated transaction in real property can amount to the carrying on of a trade or a business under the Singapore Income Tax Act. Reference is made to relevant Malaysian cases on the matter. This article further examines the factors which the Singapore and Malaysian courts (including the Income Tax Board of Review and Special Commissioners, as the case may be) take into consideration in determining whether a trade/business has been carried on. A proper assessment of these factors is most crucial so as to steer clear of the pitfalls of trading.

699.  JULY 1996 Issue
p.79

Suicide and Life Policies - A Fresh Perspective
Lee Kiat Seng  •  [1996] Sing JLS 79 (Jul)
Although there are no reported local decisions considering the effect that an assured's suicide has on a claim under his life policy, the prevailing assumption is the local position is no different from the English position prior to the Suicide Act 1961 (which resulted in suicide no longer being an offence in England). According to this approach, the claim would be barred on a contractual level because the assured cannot be the author of his own loss, and on a broader level, because the law will not allow him to benefit from his own criminal acts. This paper examines the question of whether this approach can be applied in toto in Singapore. It will be argued that the Beresford approach may not be appropriate in the local legislative framework and cultural background.

700.  JULY 1996 Issue
p.111

Locus Standi of Company Directors to Petition for Companies winding Up
Arjunan, Krishnan  •  [1996] Sing JLS 111 (Jul)
Winding up proceedings have the potential to expose the company to ultimate dissolution. Thus, the issue of locus standi to petition the court for a winding up order assumes some importance. Under section 217()(a) of the Malaysian Companies Act 1965, the 'company' has standing to petition the court. However, under article 73 of Table A of the Act, the directors are delegated the management power. The question then arises as to whether the management power encompasses the power to petition the court for a winding up without a resolution of the members in general meeting. There appears to be a serious conflict of judicial opinion on the issue. This article traces the case law on the subject, focusing on the recent Malaysian case of Miharja Development Sdn Bhd & Ors v Tan Sri Datuk Loy Hean Heong & Ors and Another Application (1995) 4 MSCLC 91,285.

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