Withhold - Definition - Law Dictionary Home Dictionary Definition withhold

Definition :

Withhold, the words 'it shall be open to the appointing authority to withhold permission' indicate that the appointing authority has got an option to withhold permission and that could be exercised by communicating its intention to withhold permission to the Government servant. The word 'withhold' cannot be read to mean that in the absence of a communication it 'must be understood that permission was withhold', B.J. Shelat v. State of Gujarat, AIR 1978 SC 1109: (1978) 2 SCC 202: (1978) 3 SCR 533. [Bombay Civil Service Rules, R. 161(2)(ii) Proviso]

The dictionary meaning of the word 'withholding' is to hold back, to keep back, to restrain or decline to grant. The holding back or keeping back is not an isolated act but is a continuous process by which the property is not returned or restored to the company and the company is deprived of its possession. If the officer or employee of the company does any such act by which the property given to him, is wrongfully withheld and is not restored back to the company, it will clearly amount of an offence within the meaning of s. 630 of the Act, Lalita Jalan v. Bombay Gas Co., (2003) 6 SCC 107: AIR 2003 SC 3157 (3160). [Companies Act, 1956, s. 630]

The practice of deducting a certain amount from a person's salary, wages, dividends, winning, or other income, usually for tax purposes; esp., an employer's practice of taking out a portion of an employees gross earning and paying that portion to government for income-tax and social security purposes, Black's Law Dictionary, 7th Edn., p. 1595.