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Article Volume 3 Issue 5 716 - 721 October 26, 2020

A historical saga of Separate Legal Person under Company Law

Lead author · Corresponding
Harsh Patidar
National Law Institute University, Bhopal, India
Abstract

The doctrine of the veil of incorporation is a legal notion that alienates the personality of a company or a corporation from the personalities of its shareholders, subscribers, and directors. The corporate veil protects all the abovementioned ilk from being personally liable for the company’s debts, obligations, and other encumbrances. The Indian courts, in their plethora of rulings, held that the company is a separate legal entity. But, this concept of piercing the corporate veil has been widened with the passage of time which allowed the courts to exercise their discretion to the extent of sporadic scope. This research project analyzed and assessed the aftermaths of widening discretion of the courts to pierce the veil or not. To my utmost surprise, I discovered that the broad discretion of the courts to pierce the veil resulted into uncertainty and ambiguity in situations when the court was buffeted by the responsibility of bringing out the corporate predictability and clarity

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Article
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International Journal of Law Management and Humanities, Volume 3, Issue 5, Page 716 - 721
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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