"A Company being an artificial person having status in the eyes of the law," in light to this statement, please comment whether a Company Incorporated in India is having the status of a Citizen of this Country?
CS Professional · Advanced Company Law and Practice · PYQS · June 2017
"A Company being an artificial person having status in the eyes of the law," in light to this statement, please comment whether a Company Incorporated in India is having the status of a Citizen of this Country?
Answer & Explanation:
According to the Citizenship Act, 1955 only a person can be citizen of India. Definition of person given in Clause (f) of sub - section (1) of section 2 of that Act does not include any company or association or, body of individuals, whether incorporate or not. In the case of British India Steam Navigation Co. Ltd. v. Jasjit Singh, AIR, 1964, S.C 1451:(1964) , the Supreme Court held that Shipping Corporation of India Ltd. cannot claim to be a citizen of India, and as such, is not entitled to rely upon Article 19.
Topics: General Principles of Company Law
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