2.2.5 Separate Property
Shareholders are not, im the eyes ofthe Taw, part owners of the undertaking: In Ini, this
principle af separate pruperty was best aid dawn by the Supeesne Court in Hacha F. Guzdar v
‘The Commissioner ef lneorne Tax Bombay (Supra). The Supreme Court held hat “aabarcholder
lanot the part ownicr af the company ots property, be any gives cera rights By aw, e.-
to vote er attend meelings te recive dividends" Soniary, in RF, Perumal v. H Jol i was
observed that “no member ean cis himself tebe over of the company’s property Surg is
testenceorenite winding In ail another cave i wnt mere that" evenseheteasbarebe et
held almast eer share capital be didnot even have an incurable interest nthe property af tho
company”. In Macaurev. Noribem Assarance Co, Lid. the facts were aa follows:
‘Neaciun’ held ll except one share ofa timber company. He had asp avant sthetantisl
mount ko the compar. Hie insure the company timber fu hs peracmal name, On timber
being destrayed by fice, hisclaim was rected for want insurable terest The Court applying
principle of separate legal entity held thatthe insurance company was not Ube