VidhiAagaz
International Journal ofLaw Management & Humanities
ISSN 2581-5369 · Open access
International Journal ofLaw Management & Humanities
Open accessArticleVol. 3 No. V (2020)pp. 716–721

A historical saga of Separate Legal Person under Company Law

HP
Harsh PatidarNational Law Institute University, Bhopal, India
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Published 26 October 2020 · pp. 716–721 · Vol. 3 No. V (2020)
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

Keywords
Corporate veilSeparate legal personalityBoard of directorsLimited liability

How to cite

Harsh Patidar, A historical saga of Separate Legal Person under Company Law, 3 Int'l J. L. Mgmt. & Human. 716 (2020).

Cite this article

Harsh Patidar, A historical saga of Separate Legal Person under Company Law, 3 Int'l J. L. Mgmt. & Human. 716 (2020).
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