9911796707
TMI Blog2007 (8) TMI 453X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner had given possession of a residential quarter to Mohan Lal who had not returned possession thereof on retirement, a complaint under section 630 of the Companies Act, 1956, was filed before the learned Metropolitan Magistrate, Delhi. 2. Mohan Lal died during pendency of the complaint. The petitioner s application to bring on record his legal heirs was dismissed by the learned ACMM vide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it or knowingly applying it to a purpose other than that authorised by the company makes the employee liable for punishment under section 630 of the Companies Act. The object is to not only regulate the affairs of a company but protect the property of the company. 8. It is for the said reason that section 630 of the Companies Act has been interpreted to mean that the offence contemplated there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the legal heirs would not be covered by the provisions of section 630 would be unrealistic and illogical. It would defeat the beneficent provision and ignore the factual realities that the legal heirs or family members who are continuing in possession of the allotted property, had obtained the right of occupancy with the concerned employee in the property of the employer only by virtue of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tatives who come into possession thereof would be equally liable. As long as the liability remains, cause would survive in favour of the company. 12. The petition accordingly is allowed. The impugned order dated 28-11-2003, dismissing Crl. Rev. No. 23 of 2004, is set aside. The revision petition is allowed. As a consequence thereof the order dated 23-8-2003, passed by the learned ACMM, Delhi i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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