TaxTMI 
TaxTMI 
1995 (8) TMI 234
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....1965. He had occupied a residential flat at Morena No. 11, M.C. Dhanuka Road, Bombay. He resigned on 15-7-1986. The Rallis India Ltd., the second respondent, initiated proceedings in January 1987, against the appellant under section 408 of the Indian Penal Code and section 630 of the Companies Act, 1956 ('the Act') for the continued occupation of the appellant in the said flat. The Magistrate, by his order dated 12-10-1994, found the appellant guilty of offence under section 630 of the Companies Act and directed restitution of the flat. On appeal, the Session Judge partly allowed it by his judgment dated 20-3-1995, altering the sentence while confirming the conviction. The High Court confirmed the same by the impugned order. 3. T....
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....suit premises. They had not given the premises to the appellant under (any) leave and licence agreement, as pleaded by them in the plaint. The company failed to prove that the appellant is a licensee of the suit premises. It also failed to prove that the premises were given to the appellant in lieu of his services. On the other hand, the appellant proved that he is a monthly tenant of the premises with the landlords, Badami, etc. Accordingly, the suit was dismissed. We are informed that an appeal has been filed before the bench of small causes court and it is pending. 6. Shri Santosh Hegde, the learned senior counsel for the appellant, contended that whatever may be the findings recorded by the criminal court and affirmed by the High Cou....
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.... of company and authorised by the Act, he will be liable for the punishment under section 630. 8. In Atul Mathur v. Atul Kalra [1989] 3 Comp. LJ 127 (SC), another Bench of this Court, held that because of mere pendency of a suit in a civil court, it cannot be said that the civil court is in seisin of a bona fide dispute between the parties, and as such, the criminal court should have stayed its hands when the company filed a complaint under section 630. Such a view would lead to miscarriage of justice and render section 630 ineffective. Dispute regarding claim of property between company and its employee depends upon facts in each case. Merely because company's claims to possession was refuted by the employee, it would not amount to ....
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....c interest demands that criminal justice should be swift and it should ensure that the guilty is punished while the events are still fresh in public mind and that the innocent should be absolved as early as is consistent with a fair and impartial trial. Another reason is that it is undesirable to let things slide till memories have grown too dim to trust. This, however, is not a hard and fast rule. Special considerations obtaining in any particular case may make some other course more expedient and just. Therefore, each case has to be considered on its own facts. 11. As seen that the civil court after full dress trial recorded the finding that the appellant had not come into possession through the company, but had independent tenancy rig....