Certainly, the concept of a company as a juristic person, also known as a legal person or legal entity, is a fundamental principle in corporate law. It means that a company is treated as a distinct entity separate from its individual members (shareholders or owners). This principle has several key implications: 1. Separate Legal Existence: A company, once incorporated, is recognized as having its own separate legal existence. It can enter into contracts, own property, sue and be sued, and engage in various legal activities in its own name. This is distinct from the individuals who own or manage the company. 2. Limited Liability: One of the primary advantages of forming a company, especially a corporation, is the concept of limited liability. Shareholders are generally not personally liable for the company's debts and legal obligations. The company itself is responsible for its own debts, which helps protect the personal assets of its members. 3. Rights and Duties: Just like...
The DK Basu v. State of West Bengal case is a landmark judgment by the Supreme Court of India that deals with the issue of custodial torture and the rights of arrested persons. The case is named after Dr. D.K. Basu, a renowned physician and human rights activist, who filed a public interest litigation (PIL) seeking guidelines to prevent custodial violence and protect the fundamental rights of individuals in police custody. Here's a summary of the DK Basu v. State of West Bengal case: Background: In 1986, Dr. D.K. Basu filed a PIL in the Supreme Court of India, highlighting the rampant incidents of custodial violence and torture by the police in India. The petition sought to address the violation of fundamental rights guaranteed under Articles 21 (Right to Life and Personal Liberty) and 22 (Protection against Arrest and Detention) of the Indian Constitution. Key Arguments: 1. Dr. Basu argued that custodial violence and torture were prevalent in India and that it violated the fundam...