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Law Dictionary Home Dictionary Definition person

Person, a Hindu Undivided Family is a person, Kshetra Mohan-Sannyasi Charan Sadhukhan v. Commissioner of Excess Profit Tax, West Bengal, AIR 1953 SC 516. According to company law it does not mean an unregistered firm, Firm Pannaji v. Devichand Kapurchand, 99 IC 640. Person, does not include court, Kharka Gigabhai Mavji v. Soni Jagjivan Kanji, (1979) 20 Guj LR 256. Person, implies only an individual and does not bear scrutiny when construed in the case of a company, a firm of partners or an association of persons, J.K. Industries Ltd. v. Chief Inspector of Factories and Boilers, (1997) SCC (205) 1. Person, in an Act of Parliament passed after 1st January, 1890, includes 'any body of persons corporate or unincorporate' unless the contrary intention appears, Interpretation Act, 1889, s. 19. A corporation, such as a limited company, may be a 'respectable and responsible person' within the meaning of a covenant against assignment in a lease, Willmott v. London Road Car Co., (1910) 2 Ch 525. A corporation is not a person for the purpose of suing the penalties as a common informer unless expressly empowered by statute to do so, Guardians of St. Leonards v. Franklin, 3 CPD 377. Apart from the provisions of the Interpretation Act, 1889, a firm of partners is not a person, although partners may sue or be sued in the firm's name (R.S.C. Ord. XLVIIIA, r. 1), and artificial persons are endowed only with the status or capacity conferred by the charter or statute of incorporation, see CORPORA-TION; COMPANY; TRUST CORPORATION. It does not include a body of persons. [Representation of the People Act, 1950 (43 of 1950), s. 2(g)] It does not include any company or association or body of individuals, whether incorporated or not. [Citizenship Act, 1955 (57 of 1955), s. 2 (1) (f)] It includes a foreigner. [National Security Act, 1980 (65 of 1980), s. 2(d)] It includes the Government. [Patents Act, 1970 (31 of 1970), s. 2(1)(s)] The General Clauses Act, 1897 defines that 'person shall include any company or association or body of individuals whether incorporated or not'. The word 'persons' in s. 4 of the Indian Partnership Act which has replaced s. 239 of the Indian Contract Act contemplates only natural or artificial, i.e., legal persons and therefore a firm, is not a person and as such is not entitled to enter into a partnership with another firm or Hindu undivided family or individual, Dulichand Laxminarayan v. Commissioner of Income Tax, AIR 1956 SC 354: (1956) SCR 154. The words 'person to whom he has sold the goods' in s. 10(b) means 'a registered dealer to whom he has sold the goods', B.K. Wadeyar v. Daulatram Rameshwarlal, AIR 1961 SC 311: (1961) 1 SCR 924. The expression 'person' includes for the purpose of s. 28, a firm registered or unregistered, Commissioner of Income Tax v. Kirkend Coal Co., AIR 1969 SC 1352 (1355): (1969) 1 SCC 776: (1969) 3 SCR 993. Taking into account the object of the Act there could be no difficulty in giving the plain meaning to the word 'person' as not being confined to Govern-ment servants for it is seen that accommodation has been provided by the Government not only to Government servants but to others also, B.N. Mutto v. Dr. T.K. Nandi, AIR 1979 SC 460 (465): (1979) 1 SCC 361: (1979) 2 SCR 409. The word 'person' includes any company or assoia-tion or body of persons whether incorporated or not, Jabbar v. State, AIR 1966 All 590: (1966) Cr LJ 1363. The word 'person' in Order 30 Rule 10 of Code of Criminal Procedure does not include a company because such a construction will be repugnant to the context, Modi Vanaspati Manufacturing Company v. Katihar Jute Mills (P) Ltd., AIR 1969 Cal 496. A firm an individual or group of individuals may be a order of the Income-tax Act, M.M. Ipoh v. Commissioner of Income Tax, AIR 1968 SC 317. Means: (i) an individual who is a citizen of India; (ii) an association of individuals or body of individuals, whether incorporated or not, whose members are citizens of India; (iii) a company in which not less than fifty-one per cent of the paid-up share capital is held by the citizens of India. [Cable Television Networks (Regulation) Act, 1995 (7 of 1995), s. 2(e)] The word 'person' includes any Company or Association or body of persons, whether incorpoated or not. (Indian Penal Code, 1860, s. 11) Person includes an individual, whether resident in India or outside India, a Hindu undivided family, Co-operative Society, a Company, whether incorporated in India or outside India, a firm, a proprietary concern, or an association of persons or body of individuals, whether incorporated or not, local authority and any agency, office, or branch owned or controlled by such individual, Hindu undivided family, co-operative, association, body, authority or company. [Special Economic zones Act, 2005 (28 of 2005), s. 2(v)] 'Person' shall include any company, or body corporate or association or body of individuals, whether incorporated or not, or artificial jurisdictional persons. S. 2(49), Electricity Act, 2003. A.P. Gas Power Corporation Ltd. v. A.P. Electricity Regulatory commission, AIR 2006 AP 12. 'Person' includes company or association or body of persons, see Standard Chatered Bank v. Directorate of Enforcement, AIR 2005 SC 2622. 'Person', Person includes any company, Fidelity Industries Ltd. v. State, (2006) 129 Comp Cas 561. Person, in general usage, a human being (i.e. natural person), though by statute term may include a firm, labour organizations, partnerships, associations, corporations, Black's Law Dictionary. Person, includes (i) an individual, (ii) a Hindu Undivided Family, (iii) a company, (iv) a firm, (v) an association of persons or a body of individuals, whether incorporated or not, (vi) every artificial juridical person, not falling within any of the preceding sub-clauses, and (vii) any agency, office or branch owned or controlled by such person. [Foreign Exchange Management Act, 1999, s. 2(u)] Person, includes a firm, Goverdhan Das Radhey Lal v. C.I.T., Uttar Pradesh, Central Province and Berar, (1946) 1 ITR 799; M.M. Ipoh v. C.I.T., Madras, AIR 1968 SC 317. Person, includes a firm, whether registered or not, or an association of persons whether incorporated or not. [Rajasthan Road Development Act, 2002, s. 2(c)] Person, includes a person accused of an offence, Shailendranath v. State, AIR 1995 Cal 247. Person, includes an individual, 'a family', a group of individuals, Haresh Kantilal Vora v. Competent Authority, AIR 1993 Guj 41: (1992) 2 Guj LT 4241. Person, includes an individual, any State Govern-ment, the Central Government, any company or society or club or association or body of individuals whether incorporated or not, and also a Hindu undivided family, a firm and a local authority and every artificial juridical person not falling within any of the preceding description. [Maharashtra Value Added Tax Act, 2002, s. 2(17)] Person, includes company or association or body of individuals, whether incorporated or not. [General Clauses Act, 1897, s. 3(42)] Person, includes court, Chandrasekharan v. Deputy Commercial Tax Officer Arcot, (1973) Tax LR 1971. Person, includes family, Vijaya Anandrao Khirsagar v. State of Maharashtra, AIR 1995 Bom 206. Person, includes natural person or artificial person like corporation and a joint stock company and it does not include a State or government, Samatha v. State of Andhra Pradesh, (1995) 2 All LJ 233; Ram Saran Das v. Province of East Punjab, AIR 1954 Punj 49; Ram Dayal Gupta v. State of Madhya Pradesh, (1998) 1 EFR 94 (MP). Person, includes partnership firm, V.R. Prasad v. State, AIR 1997 Ker 146. Person, includes: (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not in India or outside India; (vi) any corporation established by or under any Central State or Provincial Act or a Government company as defined in s. 617 of the Companies Act, 1956 (1 of 1956). (vii) any body corporate incorporated by or under the laws of a country outside India; (viii) a co-operative society registered under any law relating to co-operative societies; (ix) a local authority; (x) every artificial juridical person, not falling within any of the preceding sub-clauses. The Competition Act, 2002, s. 2(l). Person, includes: (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not; (vi) every artificial juridical person, not falling within any of the preceding sub-clauses; and (vii) any agency office or branch owned or controlled by any of the above persons mentioned in the preceding sub-clauses, Prevention of Money-Lending Act, 2002, s. 2(s). Person, including any individual, firm, any com-pany or association or body of individuals whether incorporated or not whether in the public sector or private sector. [Rajasthan Special Economic Zones Development Act, 2003, s. 2(j)] Includes an individual, a joint family or Hindu undivided family, a company, a firm, an association of persons or body of individuals, whether incorporated or not, a society, club or other institution, a local authority, the Central Government or a State Government and every artificial judicial person not falling within any of the preceding descriptions. [Gujarat Value Added Tax Act, 2003, s. 2(15)] Person, means a company, Motipur Zamindari Co. Ltd. v. State of Bihar, AIR 1953 SC 32. Person, means an individual human being as distinguished from an animal or thing; an individual having a specified kind of bodily appearance, the body of a human being as presented to public view usually with its appropriate coverings and clothing; a living individual unit; a being possessing or forming the subject of personality, Webster's Third New International Dictionary. Means any company or association or body of individuals, whether incorporated or not, Yernagula Kamaraju v. Manda Dandasi, (1989) 67 Cut LT 615. [Orissa General Clauses Act, 1937, s. 23] Means if a person is carrying a bag or some other article with him and a narcotic drug or a psychotropic substance is found from it, it cannot be said that if was found from his 'person', Baldev Singh Case, (1999) 6 SCC 172: 1999 SCC (Cri) 1080: JT (1999) SC 595. Means natural person and it does not include the State, Samantha v. State of Andhra Pradesh, (1997) 6 Supreme Today 530. Means single coparcener distinct from HUF, Vijay Anandrao v. State of Maharashtra, AIR 1995 Bom 206. Person, refers to human being a self-conscious personality, Badri Singh v. State of Bihar, (1996) 1 BLJ 31. Person, shall include any company or association or body of individuals, whether incorporated or not. [Rajasthan State Road Development Fund Act, 2004, s. 2(d)] Person, should have a legal personality. A rigid trade union satisfying this requirement is treated as a 'person', All India Bank Officers' Confederation v. Dhanalakshmi Bank, (1997) 90 Comp Cas 225. Person, the corporate aggregate can be presented persons for offence which are punishable with fine, for in the nature of things, imprisonment of a municipal corporation is out of question, Kalu Singh v. Transport Appellate Tribunal, AIR 1970 Raj 149: (1969) ILR 19 Raj 205. Person, would mean only person himself and not any bag, brief-case, article or container etc., being carried by him, State of Haryana v. Suresh, AIR 2007 SC 2245.

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