Supreme Court of India

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

Neutral citation
Reported as [1995] 2 S.C.R. 873
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. The appellants, legal heirs of the

Where later benches applied it

Of those, 1 relied on

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