Personality--

• The term ‘person’ or ‘personality’ has been the

object of legal and philosophical controversy.
•The term has been used in the philosophical and
moral sense which means rational substratum or
quality of a human being.
•It has also been used in the anthropological or
biological sense in which person means as one of the
species.
•In law the person is not only a human being but it
also includes entitles or associations.
Legal person --- meaning
•The term person is derived from the Latin term
‘persona’ - means those who are recognized by
law as being bound by legal duties.
•legal person has immediate relationship with
legal rights and duties -without them there
cannot be a legal person. they are the only
features of legal persons.
•Sec-5 of the TPA 1882 defines the term ‘person’
a juristic person such as corporation.
•Legal person may be a citizen or non-citizen.
 Kinds of persons--
There are two kinds of a persons—
1) Natural person—who is regarded by law as having
rights and being bound by duties.
Conditions to satisfy in order to be a natural person—
a) He must be a living human being.
b) He Must be recognized by the state as a living
person.
2) Legal person—other than natural persons. legal
persons are those which are the creation of law.
Eg—company, corporation. etc
 Legal status of animals--
Animal is any creature except man.
Animals are not capable of having rights
and duties. So they are not legal person.
In ancient times animals were regarded as
legal persons. Germany –cock ,Greeks –dog
were hang Jahangir-bull rang the bell
 animals--
Modern law does not recognize
animals as bearers of rights and duties.
Law is made for human beings.
No animal can be the owner of
property.
Damage to animal- damage /loss to or
tort against master/society
 animals--
• Prakash mukherji V Harve 1901 dog bite a boy
–damage
• Makara V M.M. Nayer-1911 ---02 elephants
compensation
• Cruelty against animal is a crime
• Trust in favour of class of animals not for
individual.
• Art 48 –DP cow milk giving animals ..
• Art 48Aprotection of wild animals .
• No Legal personality
 Legal status of dead man--
•Actio personalis moritur cum persona—action dies
with the death of a man.
As soon as man dies he ceases his legal personality.
Salmond—there are three things in respect of
which the anxieties of the living men extend
beyond their lives i.e, after death.
These are—
I. His Body
II. Reputation
III. Estate.
Hence all are protected by law.
I. His Body- R v Price /R v steward cristian IPC
297 dead body
Transplantation of Human organs Act 1995-donate
during life .
II. Reputation-Rose v Daily mirror-libel against dead
is not crime;
a)criminal- social interest –state v haifer-1917-
writer punished libel against George
Washington
b) civil- living heirs Ex. Parmanand Katara v Union
of India-----reputation and fair behaviour are
also available to dead person. After execution of
death penalty, body should not be neglected.
• III.Estate---
• Will—use and deposition of property but body of
death person can’t be treated as property. Williams
v. williams (1882)– person’s body or organs cannot
be given to museum or medical college through
will. Now it is valid.
To maintain personal tomb is also illegal and non-
enforceable .Sundarum v. subharmanium (1945)--
will was considered illegal.
Jamshedji v. sunabai– trust established for mukted
ceremonies of parsis is legal. as it is for religious
and philonthrophical purposes.
j
 Legal status of unborn child--
The unborn has a legal personality and possess
legal rights and duties.
His legal status is contingent—subject to his
being born alive.
In sec—13 of TPA property can be transfer for
the benefit of unborn person by way of trust.
sec-114 of Indian succession act, 1925- the
creation of prior interest before the unborn
person take the interest over the property.
both in Hindu and Muslim law—a child in the
womb of the mother is in existence.
 Other Legal person
• Gurugranth sahib –guru dwara prabandhak v.
somnath das committee (2000)—held it is also a
juristic personality.
• Mosque—masjid shahid maula bakhs v.
Hafizuddin ---(1926)--Held– mosque was juristic
person can be sue or be sued but in masjid shah
ganj case (1940) privy council held that masjid is
not legal person as murti pooja is not permitted–
no personification.
• Idol—pramath nath v. pradudmn(1925) idol is
a juristic person – rule against perpetuity is
not applicable against endowment in favour of
idol.
• Chitradasi Trust v. Income Tax commissioner
wb. (1974)—Hindu idol owes property so suit
for income tax can be filed.
 State—
• Crown of England– crown proceedings act 1947
sec 40(1) the king is dead, long live the king
• President and Prime minister –suit cant be
fined. (S.p gupta v. President of India (1882)–
Reporting was wrong it must be union of India
• UIO &state –CPC 79 . State has a juristic
personality –art-300 of the constitution. State
can be sue or be sued by the name of the state.
 Kinds of legal persons--
The common variety of legal persons is the
corporations which are concerned with trade,
business, or service to the community.
Salmond corporations are of two types—
1) Corporation aggregate—is an incorporated group
of co-existing persons, it consists of several
members at a time. Eg. company ,not firm
2) Corporation sole—is an incorporated series of
successive persons. It consists of only 1 member.
Eg King; president of India
 Corporation sole
a)crown as corporation sole (common law )
b)statutory corporation sole
statutory corporation sole-administration of
Estate act 1925 &1975 s 3(5).estate of SCS-
succession
 Corporation aggregate
• Great eastern railway v. turner (1872) –
property debt and liabilities of company are
separate from share holders. Share holder can
contract with company.
• Corporations can be established under Royal
charter or special statues or can be registered
under company act.
• Creation Through customs– corporation of the
city of London, Cambridge University.
• Proff. Gawa stated – all the members are dead
due to bomb barding still company succeed.
 Merits of Corporations--
1) convenient for legal proceedings.
2) Limited liability– no one is liable for his
own share. (in case of firm—members
has its absolute liability. Solemen v.
solemen(1897)- the leather business .
3) perpetuity --- the corporation never
dies. Only winding up.
Liabilities of corporations--
1) liability of corporation in contract—
corporation act through its agent’s. its seal is
its assent.
2) liability of corporation in torts—principle of
vicarious liability.
3)liability of corporation in criminal act.—
impossibility of mensrea. Now corporation
have been held liable. In India statue has
provision eg-sec-140 of customs act discuss
offence by company.
Theories of corporate personality--
1) Fiction theory
2) Concession theory
3) Bracket theory
4) Realist theory
5) Purpose theory
Fiction theory—(savigny, salmond, dicey)
•considers the only human beings can
called be a person.
•For certain purpose by a fiction of law no
real person can be consider a person.
•Juristic person has only a fiction -will can
not commit crime.
•Prevailed in England – no hard and fast
reorganization of juristic person.
Concession theory—( savigny,
Salmond, Dicey)

• Legal person is a corporate body –

concession given by state.
• Exclusive source of personality –
state/law.
• Origin of Nation state after declining of
Roman--- supremacy of state—
discreation of state.
• It is like fiction theory.
 Realistic or organic theory—(gierke)
• Legal person has a real will, real mind and
real power of action.
Same as human being.
•A) organic—for holder of rights, human
beings are not necessary. Every being who has
will can be holder of rights.
•B) realist theory– association is a social
reality.
•C) institutional theory—emphasis on social
Bracket or symbolists theory-(Hohfeld)
• Only human beings are capable of rights and
duties. Company is a formula to understand
the relation. Corporation is a procedural form
to limited the liability.
• Personality means putting a bracket round a
member to treat them as a unit.
• It is a symbol for purpose of convenience.
A,B,C –[A,B,C]
Purpose theory— (Brinz, Bekker)
• Only human beings have personality.
• Juristic person are simply meant for
certain purposes not applicable in India.
• Duguit – purposes social solidarity.
 Practical problems--
• Theory of lifting or piercing of veil of
corporate personality.
• In case of legal liability /public policy/ cheating
• Demler co. Ltd v. continental tyre and rubber
co. Ltd---- 1st world war ---whether particular
company is a enemy or not ? Company
corporate in England except one shareholders
, all directors are German– enemy nature.
 Can a corporation claim fundamental
rights ?
• In some cases yes art. 5,6,7,8,21, 22, 25 –only
natural person.
• For 14—both ---chiranjeet lal chaudry v. uoi
(1951)—sholapur spinning and weaving
company was considered as person.
• State of Gujrat v. Ambika mills—corporation
cannot be termed as citizen. But state of
Bombay v. RMDC (1955) for the purpose of
art. 19 company is citizen.