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Get Answers to all your Questions
Read the given passage very carefully and answer the question
Law attributes personality to all those entities that are capable of bearing rights or duties, so any entity which is capable of the same is treated as a person or personality under the law whether or not that entity is a human being or not. Such a conception of legal personality has resulted in the inclusion of entities like companies, idols, etc. A mere association of individuals does not form a legal person until the law recognizes, over and above the associated individuals, a fictitious being that represents them but it is not identical with them.
Legal personality is a particular device by which the law creates units to which it ascribes certain powers. One of the essential requirements of a legal personality is that the personality may, possess status.
Professor Keeton observes that the juristic person is the personification of the sum total of legal rules applicable to a plurality of persons. The conception of the juristic personality involves a double fiction, at first by fiction we create a unity, and then by a second fiction we attribute to it the wills of individual men. Salmond defines a juristic person as any subject- matter other than a human being to which the law attributes personality. The dead person is not a legal person as he cannot be a bearer of rights and duties; though the law does prohibit defamation of the dead (Section 499, The Indian Penal Code, 1860) as well as give effect to his will. Everyone is interested in maintaining a reputation even after death. The reputation of a dead person receives some degree of protection from criminal law. A defamation suit can be filed for the loss of reputation of a dead person. If the publication is an attack on the internet of living persons, as a matter of fact, this right is in reality not that of the dead person but of his living descendants.
Question
Rupesh is the principal shareholder. Money laundering charges are leveled against the principal shareholder of the Kolo Co. Ltd. Rupesh defrauded other shareholders too. The authorities filed a case against Rupesh. In the present scenario-
Rupesh in his individual capacity cannot be sued
Rupesh in his individual capacity can be sued
The authorities did not apply the legal principles adequately
Kolo Co. Ltd. must have been sued and not its shareholders in an individual capacity
Answers (1)
For imputing the actions to specific human beings within the company as actions can only be performed by humans and not by legal entities like companies which are given corporate entities by law. Then the courts lift the corporate veil and attribute the actions of the company to certain individuals and fasten responsibility for example in actions of tort and crime.
