AI Overview...
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Wrongful Retention of Company Property - The wrongful retention of company property, including premises, furniture, or documents, constitutes a continuing offence under Section 630 of the Companies Act. Such retention is deemed wrongful if an individual, such as a former officer or employee, wrongfully withholds property after termination or outside the scope of lawful possession Asasing s/o Nidhansingh VS International Conveyors Ltd. & another - Bombay, Kannankandi Gopal Krishna Nair VS Prakash Chunder Juneja and another - Bombay, Baldev Krishna Sahi VS Shipping Corporation of India Ltd. - Crimes, Amrit Lal Chum VS Devoprasad Dutta Roy - Crimes.
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Scope of Officers and Employees - The term officer or employee encompasses both current and past officers/employees who may be liable for wrongful withholding of company property, emphasizing that wrongful retention can occur even after termination Amrtt Lal Chum VS Devoprasad Dutta Roy: Debt Ranjan Jha - Supreme Court, Amrit Lal Chum VS Devoprasad Dutta Roy - Crimes.
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Legal Consequences and Penalties - Wrongful withholding of property is treated as a strict liability offence, with potential penalties including orders for restoration of property and criminal prosecution. Courts have held that the company has the right to recover possession at any time, and wrongful retention can lead to criminal charges under Section 630 Asasing s/o Nidhansingh VS International Conveyors Ltd. & another - Bombay, Kannankandi Gopal Krishna Nair VS Prakash Chunder Juneja and another - Bombay, Hooghly Mills Company Ltd. VS State Of West Bengal - Supreme Court, Govind T. Jagtiani VS Sirajuddin S. Kazi, Sr. Administrative Officer, Indian Oil Corporation - Crimes.
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Specific Cases and Judgments - Courts have found that wrongful retention, such as refusing to return flats or documents after termination, amounts to an offence under Section 630. The wrongful retention is characterized by an intention to keep the property out of the company's possession, which is unlawful R. L. Mallick VS P. G. Menon - Calcutta, Baldev Krishna Sahi VS Shipping Corporation of India Ltd. - Crimes, Baldev Krishna Sahi VS Shipping Corporation Of India LTD. - Supreme Court.
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Legal Interpretation - The offence involves wrongful obtaining or retaining possession of company property during or after employment, with the intent to deprive the company of its assets. It is a strict liability offence, meaning intent does not need to be proven for liability PUNITA KHATTER vs EXPLORERS TRAVEL & TOUR PVT LTD - Delhi.
Analysis and Conclusion:
The wrongful retention of company property is a serious offence under the Companies Act, specifically Section 630. It includes any wrongful withholding by officers or employees, past or present, after employment termination. Such conduct can lead to criminal proceedings, penalties, and orders for the property's return. Courts have consistently upheld that companies possess the right to recover their property at any time, and wrongful retention—whether of premises, documents, or other assets—constitutes a continuing offence that can be prosecuted under the law.
Search Results for "Wrongful Retention of Company Property"
1985 0 Supreme(Bom) 128 • India - Bombay
SHARAD MANOHAR
retention of company property. ... COMPANIES ACT - SECTION 630 - LIMITATION - CONTINUING OFFENCE - WRONGFUL RETENTION OF COMPANY PROPERTY - SECTION 472 OF THE CODE ... did not entitle him to stick fast to the company's property. ... For considering the question of limitation, I have to assume that the offence committed by the petitioner consists of wrongful retention of the premises and the furniture in the premise....
1988 0 Supreme(SC) 61 • India - Supreme Court
A.P.SEN, E.S.VENKATARAMIAH, L.M.SHARMA
but also to include the past officers & employees of the company - Wrongful withholding of the property of the company after termination ... Scope and effect of - The term officer or employee must be interpreted to mean not only the present officers and employees of a company ... case; (1987) 4 SCC 361) overruling judgment of Calcutta High Court in Amrit Lal Chums case; (1987) 61- Company ... It is the wrongful withholding of such property, meaning ....
• India - Crimes
L.M.SHARMA, A.P.SEN, E.S.VENKATARAMIAH
but also to include the past officers & employees of the company - Wrongful withholding of the property of the company after termination ... Scope and effect of - The term 'officer or employee' must be interpreted to mean not only the present officers and employees of a company ... case; (1987) 4 SCC 361) overruling judgment of Calcutta High Court in Amrit Lal Chum's case; (1987) 61- Company ... It is the wrongful withholding of such property, meani....
1968 0 Supreme(Cal) 26 • India - Calcutta
T.P.MUKHERJI
wrongful retention of property and wrongfully keeping the owner out of property. ... receiving and retaining stolen property. ... The court held that the accused's intention to keep the company out of possession of the documents was an intention to cause wrongful ... If the company was entitled to possession of the property and if the company was kept out of possession of the property and if the i....
1993 0 Supreme(Bom) 194 • India - Bombay
M.F.SALDANHA
COMPANIES ACT - SECTION 630 - WRONGFUL WITHHOLDING OF COMPANY PROPERTY - CONTINUING OFFENCE - PUNISHMENT - ORDER FOR RESTORATION ... of the premises to the company. ... Fact of the Case: The accused, an ex-employee of the company, was allotted a flat and a garage by the company under ... Penalty for wrongful withholding of property. ... What needs to be emphasised is that the character and the complexion of the property being a #H....
2025 Supreme(Online)(Del) 7433 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA, J
... ... Ratio Decidendi: The court concluded that unjust retention of company property falls under strict liability without the need ... withholding company property after her termination, leading to the filing of a complaint under Section 452. ... withholding of company property alleging conduct leading to removal as Managing Director - Petitioner claimed no offence made as ... alleged wrongful withholding by the Petitioner. ... It was further alle....
2019 0 Supreme(SC) 2234 • India - Supreme Court
MOHAN M.SHANTANAGOUDAR, AJAY RASTOGI
Finding of the Court: The court found that the company had the right to recover possession of the property, even during ... The court emphasized that the company had the right to recover possession of the property and that the accused did not need to be ... of the property as a perquisite of his service. ... in favour of the aggrieved company and to prevent the wrongful retention of the property for an unduly long period by the ac....
• India - Crimes
B.C.RAY, A.P.SEN
retention of the flat amounted to an offence under section 630 of the Act ? ... (a), namely, where an officer or employee of a company wrongfully obtains possession of any property of the company during the course ... (b) also makes it an offence if any officer or employee of a company having any property of the company in his possession knowingly ... The question was whether such wrongful retention of the fiat amounted to an offenc....
1987 0 Supreme(SC) 731 • India - Supreme Court
A.P.SEN, B.C.RAY
retention of the flat amounted to an offence under section 630 of the Act ? ... (a), namely, where an officer or employee of a company wrongfully obtains possession of any property of the company during the course ... (b) also makes it an offence if any officer or employee of a company having any property of the company in his possession knowingly ... The question was whether such wrongful retention of the flat amounted to an offenc....
• India - Crimes
M.P.KHANDE
withholding of company's property under Section 630-On date of complaint, petitioner not to employment-Whether Section 630 of the ... nbsp;(ii) Companies Act, 1956-Section 630 -Complaint by respondent No.1 against petitioner for wrongful ... If the property is held back, the retained possession would amount to wrongful withholding of the property of the company. ... The offence covered by Section 630 is the wrongful withholding of the property of a #....
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