Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Companies Act 1956 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Companies Act, 1956-Section 630:Wrongful withholding of property of company--Petition against familymembers of deceased employee-Maintainability of-Held: Such petition ismaintainable and the accused are liable to be prosecuted under Section 630since all those who come in possession of premises with express and impliedconsent of employee including his family members and do not vaca/e thepremises would be withholding delivery of property to company-It wouldalso include anyone inducted in possession of property by such persons andwho continue to withhold the property-Code of Criminal Procedure, 1973,Section 482.Object of-Discussed.Interpretation of Statutes-Construction of-Object a/Section 630 beingto retrieve property of company thus not a penal provision as normal attributesof crime nnd punishment not present-Thus principle of strict constructionrelating to criminal statutes not applicable-Companies Act, 1956, Section630.Constitution of India, 1950-Article 2 I-Protection of life and personal liberty-Wrongful withholding of property by employee or anyone claimingthrough him of such property-Penalty and prosecution under Section 630-Violation of Article 2 I-Held: Possession of properties by employee or anyoneclaiming through him of such property is unlawful and recovery of the sameon the pain of being committed to a prison or payment of fine not unreasonableor irrational or unfair to attract rigour of Article 21-Companies Act, 1956,Section 630.Words and Phrases:"Employee or anyone" claiming through him-Meaning of in the contextof Section 630 of the Companies Act, 1956."Withholding "-Meaning of. |
Judge | Hon'ble Mr. Justice G.P. Mathur |
Neutral Citation | 2003 INSC 233 |
Petitioner | Lalita Jalan And Anr. |
Respondent | Bombay Gas Co. Ltd. And Ors. |
SCR | [2003] 3 S.C.R. 589 |
Judgement Date | 2003-04-16 |
Case Number | 574 |
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