Supreme Court of India

Smt. Abhilash Vinod Kumar Jain Etc. v. Cox and Kings (india) Ltd. and Ors. Etc.

Neutral citation
Bench A.S. Anand J.
Decided 21 March 1995

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We hold that a1 petition under Section 630 of the Act is maintainable against the legal heirs M the deceased officer/employee for retrieval of the company's property wrongfully with­ hold by them after the demise of the employee concerned.

Judgment, page 14

From the headnote

Companies Act, 1956: S.63lr-Allotment of premises by Company to its employeej­ Employees dying in hamess-Failure of legal heirs to hand, over vacant possession-Company launching prosecution for retrieval of company's property-Maimainability of-Ambit and scope of S.63o-Quashing of the proceedings-Power of the High Court-Cr.P. .-S.482. Interpretation of Statutes: Beneficient provision-Interpretation of-Duty of Court to defend the law from clever· evasion and def eat and to prevent perpetration of a legal fraud-Court to be ever alive to this principle.

Where later benches applied it

Of those, 1 relied on

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