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2017 MarsdenLR 1956

HIGH COURT MALAYA JOHOR BAHRU
TAN KHAI LING & ANOR – Appellant
Versus
TRAVELERS TOURS MALAYSIA SDN BHD & ORS – Respondent


Table of Content
1. failure of a company's substratum can justify winding-up. (Para 1)
2. subsidiary conditions for operating as a licensed entity must be satisfied. (Para 3)
36. Requirement for licence

(1) Subject to ss 194 and 195, no person shall carry out or hold himself out as carrying on a tourism vehicle business except a company which is licensed as a tourism enterprise under the Tourism Industry Act 1992 and which holds a valid licence issued by the Commission under this Chapter in respect of each tourism vehicle used in such tourism vehicle business.

(2) A person may be the holder of two or more licences issued under this Chapter.

(3) Subsection (1) does not apply to the use of any tourism vehicle or class of tourism vehicles as may be prescribed.

(4) Subject to subsection (3), a person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both, and in the case of a continuing offence shall, in addition, be liable to a daily fine not exceeding five hundred ringgit for each day during which the offence continues to be committed."

[57] Since it h

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