Legal person juri

Legal Person
Origin and Meaning
Types Of Person

1. SCHOOL OF LAW NAME: YASHIKA SANTOSH PATNI SUBJECT: JURISPRUDENCE TOPIC: LEGAL PERSON

2. MEANING 2 Personality is a very vague and wide term and it has a variety of meanings. It is derived from the Greek word persona. Persona meant the (Greek) actor's mask through which his voice must be sounded. Later on, it came to be used for those who could play part in the legal drama, those who could bear rights and duties.

3. CONTD . 3 But it did not remain so, and came to be used in other senses also. Personality in the philosophic sense means the rational substratum of a human being. In law it means a right and duty bearing unit. Personality should be distinguished from humanity. Humanity means only the natural human beings but personality has a technical meaning and it includes inanimate objects also.

4. DEFINITIONS 4 The term Person is derived from the Latin word 'Persona' it means those who are recognised by law as being capable of having legal rights and duties. Definition :  1) Salmond  - " A person is any being whom the law regards as capable of rights and bound by legal duties. 2) Savigny  defines the term person as the subject or bearer of a right.

5. DEFINITIONS 5 3) According to Gray  A person is an entity to which rights and duties may be attributed. 4) According to Austin  the term 'person' includes physical or natural person including every being which can be deemed human. 5) According to Section 11 of the Indian Penal code the word person includes any company or association, or body of Persons, whether Incorporated or not.

6. TYPES OF PERSON: 6 Persons can be defined into two categories Natural Persons (human being), and Legal or Artificial or Juristic Person .     There are some natural persons who do not enjoy the status of legal persons or person and vice-versa.

7. CONTD. NATURAL PERSON A natural person is a human being possessing natural personality. According to Holland, a natural person is a human being as is regarded by the law as capable of rights and duties. Requisite of normal human being is that he must be born alive moreover , he must possess essentially human characteristics. Generally a person/human being who has a capacity to sue and be sued is person. ] 7

8. CONTD. LEGAL PERSON A legal person has a real existence but it's personality is fictitious. A fictitious thing is that which does not exist in fact but which is deemed to exist in the eye of law.   Example  : Company or corporation, idol etc. 8

9. CONTD. Groups or series of men, usually called corporations: The first class of legal persons consists of corporations , namely those which are constitutes by the personification of groups (e.g., corporation aggregate) or series of individuals (e.g., corporation sole). In State Trading Corporation of India v. Commercial Tax Officer , the Court observed that corporation are undoubtedly legal persons but is not a citizen within the meaning of Article 19 of the Constitution and cannot ask for the enforcement of fundamental rights granted to citizens under the said article. 9

10. CONTD. 10

11. Institutions like hospitals, libraries etc.: 11

12. Legal status of Dead Person: 12

13. EXPLAINED His Body: A living person is interested in the treatment to be given to his own body. A person is interested in a decent funeral and good burial. Criminal law secures a decent burial for all dead persons and the violation of a grave is a criminal offence. His reputation: Everyone is interested in maintaining reputation even after death. The reputation of a dead person receives some degree of protection from the criminal law. His Property/ Estate: A man is dead but his hand may continue to regulate and determine the enjoyment of the property he owned while he was alive. He can dispose of his property by WILL. when a person dies intestate ( dies living will) the property is distributed according to the WILL. 13

14. Legal Status of Unborn Person: 14 Generally an unborn person has no legal standing in the eyes of law. However it has to be distinguished from the one who is living but not yet born, i.e., a child in womb of its mother-in utero and an unborn child in the sense of future generations. A child in the uterus is regarded as a person in law in accordance with the maxim “ Nascitures Pro Ham Nato Habetur i.e. One who is to be born is deemed to have been born”.

15. CONTD. Contingent rights: The rights of an unborn person, whether personal or proprietary, are all contingent on his birth as a living human being. Damages: Damages can be claimed for injury to the feutus of a woman if the woman was known to be pregnant. Posthumous child can claim compensation for the death of his father in fatal accident. In Hindu law unborn son acquires an interest in the joint family property from the time of its conception. 15

16. THEORIES OF JURISTIC PERSONALITY

17. THEORIES: 17

18. CASE LAWS Mohd . Salim v. State of Uttarakhand & Others Facts:  The petitioner, a resident, challenges the failure of the Governments of Uttar Pradesh and Uttarakhand in constituting the Ganga Management Board as stated in the Section 80 of the Uttar Pradesh Re- organisation Act, 2000. The Court specifies that Ganga and Yamuna have a particular significance for Hindus. 18

19. CONTD. JUDGEMENT: A further judgement directed “The Director NAMAMI Gange , the Chief Secretary of the State of Uttarakhand and the Advocate General of the State of Uttarakhand are hereby declared persons in loco parentis("in the place of a parent" ) as the human face to protect, conserve and preserve Rivers Ganga and Yamuna and their tributaries. These Officers are bound to uphold the status of Rivers Gangas and Yamuna and also to promote the health and well-being of these rivers. 19

20. CONTD. It may be a religious institution or any such useful unit which may impel the courts to recognize it. This recognition is for sub serving the needs and faith of the society. A juristic person, like any other natural person is in law also conferred with right and obligations and is dealt with in accordance with law. In other words, the entity acts like a natural person but only through a designated person, whose acts are processed within the ambit of law ( Shiromani Gurudwara Prabandak Committee v. Som Nath Das , (2000) 4 SCC 146) 20

21. CASE LAW In  Gurudwara Prabandhak Committee v. Somnath Das , (2000) 4 SC 146) the Supreme Court stating the historical background and sanctity of Guru Sahib held it to be a juristic person. It was stated: The last living Guru, Guru Gobind Singh, expressed in no uncertain terms that henceforth there would not be any living Guru. The Guru Granth Sahib would be the vibrating Guru. He declared that henceforth it would be your Guru from which you will get all your guidance and answer. It is with this faith that it is worshipped like a living Guru. It is with this faith and conviction, when it is installed in any gurudwara it becomes a sacred place of worship. 21

22. Sacredness of the gurudwara is only because of placement of Guru Granth Sahib in it. This reverential recognition of Guru Granth Sahib also opens the hearts of its followers to pour their money and wealth for it. It is not that it needs it, but when it is installed, it grows for its followers, who through their obeisance to it, sanctity themselves and also for running the (anger which is an inherent part of a Gurudwara. 22

23. CONTD. 23

24. CONCLUSION: The foregoing analysis makes it abundantly clear that incorporation had great importance because it attributes legal personality to non living entities such as companies, institutions etc. which help in determining their rights and duties. Clothed with legal personality, these non living personalities can own, use and dispose of property in their own names. Unincorporated institutions are denied this advantage because their existence is not different from the members. 24