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Juristic Person: Definitions and Meaning
"The words Juristic Person connote recognition of an entity to be in law a person which otherwise it is not," the Supreme Court stated in Shiromani Gurdwara Parbandhak Committee vs. Som Nath Dass and Others (2000). In other words, it is not a particular natural person who is to be recognized as such in law, but rather a person who has been intentionally produced.
Types
Legal entities come in two varieties: human and non-human.
A human being is referred to as a natural person (or occasionally a physical person) in law. They have the capacity to take on duties and possess rights.
A juridical person (also known as a juridic, juristic, artificial, or legal Person) is a non-human being.
Legal entities are products of the law.
The term "Legal Person" refers to anything that is given legal treatment on par with people.
Legal individuals can sue and be sued, acquire and transfer property, and have rights and related duties.
This is primarily done through guardians and representatives because they lack a voice.
Courts have treated gods, businesses, rivers, and animals as legal entities.
Example Juristic Persons
Below, a few illustrations of legal individuals are discussed.
Deities
The British were the first to treat gods as legal entities. Large amounts of land and resources were owned by temples, and British administrators believed that the deity was the true owner of the treasure, with a shebait or manager acting as trustee. The Dakor Temple case brought before the Bombay High Court in 1887 resulted in the following ruling: "Hindu idol is a juridical subject and the pious idea that it embodies is given the status of a legal person." The Supreme Court ruled in Bishwanath and Anr vs. Shri Thakur Radhaballabhji & Ors (1967) that a devotee may petition the court as "friend of the deity" if a shebait fails to carry out their duty appropriately. However, not all gods are recognized by the law. Only once an idol has undergone public consecration, or prana pratishtha, is it awarded this status.
The Supreme Court stated in Yogendra Nath Naskar v. Commissioner of Income Tax (1969) that "It is not all idols that will qualify for being 'juristic person' but only when it is consecrated and installed at a public place for the public at large." In his ruling in the Sabarimala case, Justice D.Y. Chandrachud stated: "Merely because a deity has been granted limited rights as juristic persons under statutory law does not mean that the deity necessarily has constitutional rights."
Animals
Animals now have the same "rights, duties, and liabilities of a living person" as humans according to the Punjab and Haryana High Court's decision to grant them the status of "legal person or entity" in Haryana. The verdict states, "The corporations, Hindu idols, holy scriptures, and rivers have been declared legal entities and therefore, in order to protect and promote greater welfare of animals including avian and aquatic, animals are required to be conferred with the status of legal entity/legal person." It also asserts that animals cannot be treated as "objects" or "property" and are entitled to justice.
Corporations
A corporation is different from the people that make up the corporation. A company has an individual's personality. Both suing and being sued by a company is possible. A corporation remains in operation even if its members pass away. The law recognizes a corporation as an ongoing, permanent legal body. In Tata Engineering & Locomotive Company Ltd., V.
State of Bihar, the Supreme Court of India provided an excellent description of a company's standing and position in relation to the law. The corporation "in law is equal to a natural person and has a legal entity of its own," the court stated. The corporation's legal and financial structures are wholly distinct from those of its stockholders, as are its resources.
Conclusion
Thus, it is obvious that incorporation had a significant impact because it grants nonliving organizations, such as corporations, institutions, etc., a legal personality that aids in defining their rights and obligations. These non-living people can own, use, and dispose of property in their own names because they are clothed with legal personhood. This benefit is not available to unincorporated institutions because they share the same existence as their members.
Frequently Asked Questions
What traits define a juristic individual?
A juristic person is a legal entity that exists separately and independently from its shareholders or members. Like a natural person, it can be sued or bring legal action, own property in its own name, gain rights, take on obligations and responsibilities, and sign contracts and agreements.
What are some instances of legal professionals?
Examples of juristic individuals (1) A business can file a lawsuit in its own name; (2) a cooperative society would have rights and obligations distinct from those of its members; and (3) a university might have obligations to its staff.
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