12.06.

2021
Module 10 Concept of Person

Liability of Corporation

 Doctrine of piercing the corporate veil

 Corporate aggregate – body corporate, separate legal personality

 Corporate soul – incorporated series of successive persons

Cl: Govind menon Vs Union of India AIR 1967
Whether the Corporate soul
Held: the main it is not separate but has one character of
corporate soul
Cl: state of Punjab Vs the Okara grain buyers syndicate AIR 1964
SC Court held that state is not juristic entity for the reason that it does not fulfill the
characteristics of or definition of corporations.
Purpose of corporate
Heriditatus

Theories of legal personality

1. Fiction personality – imagination. Propounded by Savigny, Salmond,
Soloman Vs Soloman
Jurist Parker: criticized
2. Concession theory – by A. V. Daise – it is only the human being and sovereign
are personalities rest are all legal entities/ personalities merely because of
concession granted by the State.
Savigny – similar to
3. Realist theory: contrary to fiction theory. Supported By German jurist Garg – it is
not a fiction but a reality.
Legal status of lower animals: beast animals not considered as natural or legal persons.
Only matter of right conferred upon the animal.
Historically animals
In ancient Jewish court: animals were considered legal persons entitled with duties but
no rights are conferred / cannot enjoyed freedom.
To prevent the cruelty towards animals. recognition of rights of animals.
S.428, 428 of IPC. Art. 51a
The Prevention of Cruelty to Animals Act, 1960
Cl: N R Nair Vs Union of India 2001
Cl: Jumbo circus Vs. Union of India