Court : Mumbai
Reported in : [2004]120CompCas94(Bom); [2004(101)FLR269]; (2004)IILLJ680Bom; 2004(1)MhLj346; [2004]52SCL536(Bom)
..... was further pointed out that it is only that the dis-obedience of the order of the court that is made an offence, an officer or employee of a company may not vacate the premises as directed by the court and may undergo imprisonment for a period of two years, allowing ..... (2) the court trying the offence may also order such officer or employee to delivery up or refund, within a time to be fixed by the court, any such property wrongfully obtained or wrongfully withheld or knowingly misapplied, or in default, to suffer imprisonment for ..... not be in a position to order the officer or employee to deliver it up or the refund to ..... impugned orders on the following grounds, namely, -i) that the complaint is not filed by or in the name of the company to whom the room in question belongs but it is filed by one of its employees and therefore, the same is not maintainable.ii) that the petitioner's possession of the suit room is protected in view of the notifications dated 20.3.2001 and 20.6.2002 issued by the state government in exercise of its powers ..... -(1) if any officer or employee of a company - (a) wrongfully obtains possession of any property of a company; or(b) having any such property in his possession, wrongfully withholds it or knowingly applies it to purposes other than those expressed or directed in the article ..... out that on a plain reading of section 630, it is clear that if an employee or officer of a company wrongfully withholds any property belonging to the company it is an offence .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)MhLj218; [2003]41SCL27(Bom)
..... sections (a) and (b) are separated by the word 'or' it is clear that two contingencies are covered by section 630, namely officer or employee of a company wrongfully obtaining possession of any property of a company or secondly having such property in his possession wrongfully ..... as under :-- 'section 630 of the act which makes the wrongful withholding of any property of a company by an officer or employee of the company a penal offence, is typical of the economy of language which is characteristic of the draughtsman of ..... section 630 of the act which makes the wrongful withholding of any property of a company by an officer or employee of the company a penal offence, is typical of the economy of language which is characteristic of ..... in amritlal chum case obviously fell into an error in seeking to curtail the ambit of section 630(1)(b) by giving a restrictive meaning to the term 'officer or employee' which must take its colour from the context; in which it appears ..... . (2) the court trying the offence may also order such officer or employee to deliver up or refund, within a time to be fixed by the court, any such property wrongfully obtained or wrongfully withheld or knowingly misapplied, or in default, to suffer imprisonment for a term which may ..... . it would be noticed that clause (b) also makes it an offence if any officer or employee of a company having any property of the company in his possession knowingly applies it to purposes other than those expressed or directed in the .....
Tag this Judgment!Court : Mumbai
Reported in : [1982]52CompCas1(Bom); 1981MhLJ61
..... strenuously submitted that a harmonious reading of all the clauses contained therein must lead to the only conclusion that those will apply to only to an officer or employee of the company whose capacity as such continues to exist and would not apply to a past officer or ex-employee and he has also submitted that the legislative intent is reflected in the deliberate employment of certain terminologies not only in this provisions but also in ..... to embrace in the clutches of the said provision not only an officer or employee but also a past officer of an ex-employee, the legislature did not hesitate to clarify that position in that provision itself and, therefore, contends the learned counsel, that by virtue of this contrast, it becomes manifest that the non-employment of the words 'ex or past officer or past employee or the company', would make it clear that this provision would ..... crops up for consideration is whether the said provisions of the act would embrace a situation as in the instant case vis-a-vis an officer or an employee of the company who is out of employment at the material time though he may have obtained possession during the course of his ..... (2) in its entirety to understand this proposition, which reads as under :'(2) the court trying the offence may also order such officer of employee to deliver up or refund, within a time to be fixed by the court and such property wrongfully obtained or wrongfully withheld or knowingly misapplied, or in default, to suffer .....
Tag this Judgment!Court : Mumbai
Reported in : 1983(2)BomCR155; (1983)85BOMLR203; [1984]56CompCas329(Bom); [1984]150ITR12a(Bom); 1983MhLJ529
..... sub-section (2) of the said section further lays down that the court trying the offence may also order such officer or employee to deliver up or refund within the time to be fixed by the court, any such property wrongfully obtained or wrongly withheld or knowingly misapplied, or in default to suffers imprisonment for a term which may extend to two ..... sub-section (2) of the said section further directs the court trying the offence to pass and order directing such officer or employee to deliver up or refund, within the time to be fixed by the court, any such property wrongfully obtained or wrongfully withheld or knowingly ..... although there is an order of eviction from the property within the time to be fixed by the court and an officer or employee may not by the order of the court, in such eventualitythe court can pass an order of imprisonment for a term of two ..... is the wrongful withholding of the property of a company by an officer or employee by an officer or employee of the company. ..... the section lays down that if any officer or employee of a company wrongfully obtains possession, wrongfully withholds, it or knowingly apples it to purposes other than those expressed or directed in the articles and authorised by the said act, such a person shall, on the complaint of the company or any creditor ..... an officer or employee of a company may not vacate the premises as directed by the court and may undergo imprisonment for a period of two years, allowing his family members to enjoy the .....
Tag this Judgment!Court : Mumbai
Reported in : 1990(2)BomCR437; [1991]70CompCas368(Bom)
..... it was held by this court that the term 'officer or employee of a company' as used in section 630 applies not only to the existing officers or employees but also to past officers or employees if such officer or employee either (a) wrongfully obtains possession of any property, or (b) having obtained such property during the course of his employment, withhold the same after ..... must be held liable for prosecution in the same fashion as the officer or the employees himself.for the reasons already indicated,i disagree with the view expressed by the high court of madhya pradesh and hold that the provisions of section 630 of the companies act apply not only to the officers or employs, but also to the heirs and legal representatives if the deceased officer or employee who have come in possession or have continued to be in ..... for the petitioner, submitted that on a proper construction of section 630 of the companies act, 1956, the heirs and legal representatives of an officer or employee or of an ex- officer or an ex-employee of a company cannot be included within the provisions of section 630 of the companies act. ..... is an extension to the question that arose for consideration in the cases before the calcutta high court, this court and the supreme curt and the question is whether the term 'officer or employee of a company' in section 630 would include also the heirs and legal representatives of the deceased officer or employee of a company who continue to withhold the property of a company. .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(3)BomCR116; [1994]81CompCas104(Bom); 1993CriLJ2791; (1994)ILLJ146Bom
..... issue involved in that decision was as to whether the term 'officer' or 'employee' included past officers or employees, which the supreme court answered in the affirmative, the judgment also very clearly lays down that the retention or wrongful withholding of company property of which the employee obtained possession constituted an offence under section 630 of the companies ..... in other words, the right of user in respect of property, movable or immovable, which is conferred on an employee by virtue of his status as an officer or employee of the company and which gets extinguished on the cessation of the contract of service, cannot be extended and this provision of law prescribes a penalty in such cases where an attempt is made to wrongfully ..... (2) the court trying the offence may also order such officer or employee to deliver up or refund, within a time to be fixed by the court, any such property wrongfully obtained or wrongfully withheld or knowingly misapplied, or in default, to suffer imprisonment for a term which may ..... the offence continues until the officer or employee delivers up or refunds any such property if ordered by the court to do so within a time fixed by the court, and in ..... - (1) if any officer or employee of a company - (a) wrongfully obtains possession of any property of a company, or (b) having any such property in his possession, wrongfully withholds it or knowingly applies it to purposes other than those expressed or directed in the articles and authorised by .....
Tag this Judgment!Court : Mumbai
Reported in : 1985(1)BomCR443; (1984)86BOMLR596; [1986]59CompCas417(Bom)
..... (2) the court trying the offence may also order such officer or employee to deliver up or refund, within a time to be filed by the court, any such property wrongfully obtained or wrongfully withheld or knowingly misapplied, or in default , to suffer imprisonment for a ..... a reading the impugned provisions of section 630 of the companies act clearly indicates that it is in respect of the affairs of a company and it regulates the conduct of the officers and employers of the company inasmuch as it provides penalty for the officers and employees of the company who wrongfully obtained possession of any property of the company or who, having any such property in his possession, wrongfully withholds it or knowingly applies it to purposes other than ..... property of a company, whether movable or immovable, by wrongful use thereof by the officers or employees of the company.8. ..... provides penalty for the wrongful withholding of property by any officer or employee of a company. ..... - (1) if any officer or employee of a company -(a) wrongfully obtains possession of any property of a company; or(b) having any such property in his possession, wrongfully withholds it or knowingly applies it top purposes other than those expressed or directed in ..... flat and, according to the company, he was wrongfully withholding the company's property, respondent no.1 complainant - the administrative officer of the company - filed a complaint against the petitioner for the offence under section 630 of the companies act, 1956 .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(1)BomCR119
..... delhi's case, there was a clear dictate of law in shape of section 95(1) of delhi municipal corporation act, 1957, providing that no officer or employee could be reduced in rank or punished by any authority subordinate to the appointing authority. ..... where a subordinate worker like the petitioner, who was working as a driver, created a scene on the motor-stand, a public place, in presence of the general public, and not only abused the superior officer but also physically assaulted him, and while doing that, showed scant respect to the records and chose to tear even the pages of the duty allotment register. ..... the reading of the judgment suggests that where earlier it was not possible for the labour court to go behind the findings of the enquiry officer, now the labour court has liberty or power to do so (in contra-distinction with 'duty'), the apex court has also recognised the new power conferred upon the labour court or the tribunal by amended ..... no demur by the petitioner against the enquiry being held, it was not incumbent for the enquiry officer to stop the enquiry, nor was it necessary for the labour courtto stay the enquiry in fairness ..... vijaykumar : (1991)iillj122sc , again the apex court clearly held that the employees of the state bank could not seek any protection under article 311(1) of the constitution of india as they were not ..... thereof provides that the conditions of appointment and service of the employees of the corporation shall be determined by the regulations made under .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(1)ALLMR247; 2000(1)BomCR583; (2000)1BOMLR288; 2000(1)MhLj328
..... (5-a) if, during the course of audit of any society, the auditor is satisfied that some books of accounts or other documents contain any incriminatory evidence against past or present officer or employee of the society the auditor shall immediately report the matter to the registrar and, with previous permission of the registrar, may impound the books or documents and give a receipt thereof at the society. ..... (4) every person who is, or has at any time been, an officer, or employee of the society, and every member and past member of the society, shall furnish such information in regard to the transaction and working of the society as the registrar, or the person authorised by him, may require. ..... under sub-section (5-a) the auditor is required to immediately report the matter to the registrar if the books of accounts or documents contain any incriminatory evidence against the past or present officer or employee of the society. ..... it may be mentioned here that under clause (f) of section 146 there will be offence under the act if the committee of society, or an officer or member thereof, fails to comply with the provisions of sub-sections (2), (3) and (4) of section 75. ..... under section 81(1)(a) a duty is enjoined upon the auditor to examine the matters provided in the provision and also on the part of all officers to produce all the books, accounts, etc. ..... 5038 of 1998 in the appollo textile mills employees' co-operative credit society ltd. v. .....
Tag this Judgment!Court : Mumbai
Reported in : [2009]148CompCas122(Bom)
..... in the former case the expression 'officer or employee' used in section 630 of the act was given a broad coverage so as not to defeat the beneficent provision of section 630 and not to ignore the factual realities that the legal heirs or family members of an officer/employee obtained the right of occupancy of the company property only through the 'officer' or 'employee' concerned and on no other basis. ..... as such the ratio of the above judgment would be applicable where the service of any employee or officer has been terminated and the premises continue to be in possession of persons who have come in such possession through him, even though the employee or officer concerned does not himself occupy the premises, as such applicants herein are well within the sweep of section 630 of the act.30. ..... [2001] 104 comp cas 424 : [2001] 2 scc 700, the court ruled that the provision cannot be liberally construed so as to rope in family members other than legal heirs/representatives of the former officer/employee. ..... in the case of lalita jalan : 2003crilj2514 , a three-member bench of the supreme court has resolved the controversy as to whether the terms 'officer' and 'employee' appearing in section 630(1) of the act need to be given restricted meanings or wider (liberal) meanings. ..... gupte submits that the court cannot ignore the factual reality that the legal heirs and family members of the employee/officer obtain right only through the employee concerned and not on any other basis. .....
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