cover image: The Calcutta Law Journal  April 16  1912

Premium

20.500.12592/pd2rn1

The Calcutta Law Journal April 16 1912

1912

make a healthy boy believe that the school or the Church is a shdrhand expression for the several members of the school or of the Church so that every time a new boy joins the sc1iool or a new member joins the Church thgre is a new school or a new Church. [...] The only difference is that one of the essential elements of an army or of a river consists in juxtaposition in space of the members or of the molecules of water whereas the bond of union in the case of a corporation is less material. [...] Now we must concede that the law might refuse to recognize the personality of some classes of rational beings who are really capable of feeling and volition just as we have seen that the law sometimes refuses to recognize the existence of facts —fer example1 in the denial of the paternity of illegitimate children. [...] To argue that because the personality of a corporation is a product of the imagination therefore the corporation itself as anything different from the separate members is a fiction would be as reasonable as to argue that because a ship is not really a female and is personified only by way of metaphor therefore it has no real existence except as a number of boards and nails. [...] Held (Jenkins C. J. and N. Chatterjee J.) that though a transfer in invitum did not come within the operation of such a clause the practical result was that the voluntary act of the lessee in veouting the simple mortgage which by reason of his default resulted in the transfer brought the transaction within the operation of that clause.
law
Pages
8
Published in
India
SARF Document ID
sarf.120108
Segment Pages Author Actions
The Calcutta Law Jouranal
47-54 unknown view

Related Topics

All