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Holding Company Liability For Subsidiary Acts And Omissions: A Jurisprudential Analysis Of Indian Legal Accountability




Dhananjaya B K, PhD Research Scholar at Presidency University, Bangalore

Dr. Prashant Shankar Desai, Professor, School of Law at Presidency University, Bangalore


ABSTRACT


This study investigates when parent companies may bear responsibility for the conduct of subsidiaries under Indian law. Although corporate law in India is grounded in the principle of separate legal personality, courts have increasingly scrutinized its limits in cases involving misconduct or governance failures or violations of public policy. Through an analysis of key legal precedents, statutes, and regulatory frameworks, this paper evaluates when and how a parent company can be held accountable for its subsidiary's acts and omissions in India. The study also explores doctrines such as "piercing the corporate veil" and the role of judicial interpretation in shaping corporate liability in India. The paper highlights the evolving legal landscape and provides recommendations for enhancing accountability within the corporate governance framework.


Keywords: Holding Company Liability; Subsidiary Acts and Omissions; Separate Legal Personality; Piercing the Corporate Veil; Indian Corporate Law; Corporate Governance; Jurisprudential Analysis.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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