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    <title>1997 (8) TMI 427 - HIGH COURT OF CALCUTTA</title>
    <link>https://www.taxtmi.com/caselaws?id=103889</link>
    <description>A criminal proceeding for wrongful withholding of company property was not stayed merely because a civil suit for specific performance and an ad interim injunction were pending. The court held that section 630 is aimed at speedy relief against wrongful retention of company property, and the criminal forum is not required to decide title. The admitted ownership of the flat by the company left only the issue of unlawful possession for determination. The alleged oral agreement created no interest in the property, the doctrine of part performance was inapplicable, and a temporary injunction could not confer a lawful right to retain possession. The stay prayer was rejected and the prosecution was allowed to continue.</description>
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    <pubDate>Tue, 12 Aug 1997 00:00:00 +0530</pubDate>
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      <title>1997 (8) TMI 427 - HIGH COURT OF CALCUTTA</title>
      <link>https://www.taxtmi.com/caselaws?id=103889</link>
      <description>A criminal proceeding for wrongful withholding of company property was not stayed merely because a civil suit for specific performance and an ad interim injunction were pending. The court held that section 630 is aimed at speedy relief against wrongful retention of company property, and the criminal forum is not required to decide title. The admitted ownership of the flat by the company left only the issue of unlawful possession for determination. The alleged oral agreement created no interest in the property, the doctrine of part performance was inapplicable, and a temporary injunction could not confer a lawful right to retain possession. The stay prayer was rejected and the prosecution was allowed to continue.</description>
      <category>Case-Laws</category>
      <law>Companies Law</law>
      <pubDate>Tue, 12 Aug 1997 00:00:00 +0530</pubDate>
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