Court : Andhra Pradesh
Reported in : 2005(5)ALD241; 2005(5)ALT773
..... also pleaded the bar under order ii rule 2 of c.p.c. the plea that the defendants were irregular in payment of hire amount under the hire purchase agreements had been denied. the very existence of hire purchase agreement had been denied apart from the default committed in making payments. it was also pleaded that the defendants are the owner of vehicles ..... and shyamsunder bubna v. manindra nath ghose and anr., : air1967cal256 . in k.l. johar & co. v. dy. commercial tax officer, : air1965sc1082 , while dealing with the aspect of hire purchase agreement, the apex court held:'this brings us to a consideration of the validity of explanation 1, which we have already set out. it is necessary in this connection to understand ..... defendant, in nutshell, is that he approached the plaintiff for finance facility, for which the plaintiff agreed, but insisted for execution of collateral security and nominally had got the hire purchase agreement, which was not acted upon and hence, it is only a simple loan transaction.13. p.w.1, corporate manager (legal) of the plaintiff company, deposed about ..... balchand, the counsel representing the appellants-defendants:sri balchand, the learned counsel representing the appellants-defendants made elaborate submissions on the aspect of the ingredients to be satisfied in hire purchase agreement and also would maintain that this is only a loan transaction. the learned counsel also explained mortgage, pledge, hypothecation and would contend that at the best, this is .....Tag this Judgment!
Court : Guwahati
..... had taken away the vehicle. reacting to the facts, so indicated, the apex court held, in manipal finance corporation ltd. (supra), thus:the appellant had, under the terms of the hire-purchase agreement, taken possession of the vehicle. while observing that prima facie this action could be supported by the contract, the learned magistrate directed the vehicle to be returned to the hirer ..... that the hirer is prejudiced.23. from the observations made above, in the managing director, orix auto finance (india) ltd. (supra) too, it is abundantly clear that if a hire purchase agreement permits the financier to take possession of the vehicle if the hirer defaults in making repayment of the installments, there is no impediment, on the part of the financier, to ..... was prosecuted for offences under section 379 read with section 114 ipc. the apex court, in such circumstances, observed:though we do not have the advantage of reading the hire-purchase agreement, but as normally drawn it would have contained the clause that in the event of the failure to make payment of installments the financier had the right to resume possession ..... hirer is, otherwise, legally entitled. in a given case, therefore, when the offence of theft is alleged to have been committed by the person, who has provided finance under a hire-purchase agreement, the complainant must make out that (i) the accused, as financier, was not entitled to repossess the vehicle, (ii) the means employed by the financier to take possession of .....Tag this Judgment!
Court : Patna
..... seizing the vehicle in question ought to have satisfied the district transport officer concerned about the failure of the private respondent no. 10 to comply with the terms of the hire purchase agreement and to have further requested him to cancel the certificate of registration of the vehicle showing the ownership of the petitioner.9. having heard counsel for the parties, in view ..... of the motor vehicles act, 1988 (hereinafter referred to as the act), which inter alia mandates no entry regarding transfer of ownership of any motor vehicle, which is held under hire purchase agreement shall be made in the certificate of registration except with the written consent of the persons whose name has been specified in the certificate of registration as the person with ..... demand draft issued in the name of financier. it is submitted on behalf of respondent no. 10, the earlier registered owner that after making entire payment in terms of the hire purchase agreement to the financier respondent nos. 7 to 9 the vehicle in question was transferred in favour of the petitioner, in the circumstances, the seizure of the vehicle by respondent ..... counsel for the parties.2. petitioner claims herself to be the registered owner of the vehicle, bearing registration no. br 33a-8201, which was initially the subject matter of a hire purchase agreement dated 1.9.2001 executed by and between m/s shrachi securities ltd. through its managing director, respondent no. 8 and smt. ranjana poddar, respondent no. 10.3. it .....Tag this Judgment!
Court : Mumbai
Reported in : (1965)67BOMLR138
..... said act.6. the petitioner's case further is that even assuming that in view of the agreements of hire-purchase entered into by the customers with the petitioner the transactions were in fact hire-purchase agreements, such hire-purchase agreements would not amount to sales of goods, so as to be capable of being made subject ..... the customer gets the vehicle directly from the dealer but he passes a receipt to the petitioner as having received it from it under the hire-purchase agreement. that is no doubt done because under the transaction settled between the parties, the property in the first place passes from the dealer of ..... by the madhya pradesh high court in indian finances private ltd. v. sales tax officer (1964) 15 s.t.c. 254 where the hire-purchase agreement was almost identical in terms. the court held that it was not a contract of sale and could not come within the definition of sale. ..... however, which the customer would make to the regional transport authority, he had to state that the vehicle was held by him under a hire-purchase agreement with the petitioner. according to the petitioner, all transactions of this nature which were entered into by the petitioner with its customers were entered into ..... the petitioner and its customer was in respect of the vehicles which had been sold to the petitioner by the dealer on hire-purchase agreement. in the reply, the respondents gave the nature of the transactions and the mode in which the transactions were brought about and contended .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1980Bom168
..... plaintiffs, namely, the suit vehicles. the 4th defendants had adopted certain course of action under section 29 of the said act and having found that the terms of the hire purchase agreements before them were onerous, they ought to have forthwith returned the suit vehicles to the plaintiffs.issue no. 5 in the negative.issue no. 6 in the negative.issue ..... 26th september 1973, challenged the correctness of the stand taken by the said d. k. dutta and requested him to return the vehicles forming the subject matter of the hire purchase agreements forthwith, failing which they would take appropriate action for recovery thereof. this evidence shows that defendants no. 4 had taken steps as contemplated by section 29, of the said ..... 1973, and its previous name was the coal mines authority limited.2. according to the plaintiffs, by three separate and identical hire purchase agreements in writing all dated 30th march 1972, executed at bombay and made between the plaintiffs on the one part and defendant no. 1 on the second part and defendant no ..... mensem from 1st may 1974, till payment. the 2nd defendant was a guarantor. the 2nd defendant has, according to the plaintiffs, guaranteed the payment of the amounts due under the hire purchase agreements. the 3rd defendant is the manager appointed under the coal mines (nationalisation) act, 1973. the 4th defendants-the coal india limited is incorporated under the coal mines (nationalisation) act, .....Tag this Judgment!
Court : Karnataka
Reported in : 1993CriLJ1069; ILR1993KAR61
..... required to be proved and perhaps he had no registration certificate in respect of the vehicle. thus in this case of kariyappa the rights and obligations of parties to a hire-purchase agreement were not for consideration. in the case of m/s mangharam and sons v. b.c. morzaria and anr., : ilr1984kar923 there was dispute between the 1st respondent with whom the ..... . it thus becomes apparently clear that if at all the hirer is recognised as an owner to obtain registration certificate in respect of a vehicle which is a subject of hire-purchase agreement it is only to facilitate him to obtain fitness certificate, get the vehicle insured, road permit etc. under the relevant provisions of the motor vehicles act to enable him to ..... are being disposed of by this common order, 5. the question no doubt is of public importance as such cases do come before the courts of magistrates quite frequently. the hire-purchase agreement is bailment with an element of sale and is not bailment simpliciter. under section 148 of the contract act bailment is defined as the delivery of goods by one person ..... the order of the xth additional chief metropolitan magistrate, bangalore city in p.c.r.157/91 and cr.no. 563/91. the complainant respondent-1 ('respondent' hereafter) entered into hire-purchase agreement with the petitioner shriram transport finance company limited ('financier' hereafter) in respect of goods vehicle no. cam 8786 and the petitioner advanced rs. 2,00,000/- with a stipulation that .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2005(2)ALD(Cri)676; 2005CriLJ3601
..... of the vehicle in whose name the vehicle stands registered under the provisions of the motor vehicles act.22. if the owner under hire purchase agreement terminates the agreement and takes possession of the hired vehicle in terms of the hire purchase agreement which binds the owner and the hirer, as held by the supreme court the re-possession of the vehicle may not amount to ..... property of the goods would not pass to the hirer but what is transferred is a special right to possession of the goods subject to fulfilling the conditions of hire-purchase; iii) the hire-purchase agreement does not confer any right -- either general or special right in rem on the hirer to own the property absolutely unless and until all conditions are fulfilled; ..... therefore, as on today there is no law in india governing the rights and duties of the parties to hire-purchase agreement. therefore, one has to look to the provisions of contract act as well as the covenants in the hire-purchase agreement itself. a hire-purchase agreement is a special contract of bailment. in a recent judgment in charanjit singh chadha v. sudhir mehra (2001 ..... also denied other allegations made in the petition.5. the learned counsel for the petitioner sri t.v. rajeevan, contends that under a hire-purchase agreement, the petitioner as a financier has right to terminate the hire-purchase agreement and retake possession of the vehicle. the financier shall be deemed to be the owner of the vehicle till the last instalment is paid and .....Tag this Judgment!
Court : Jharkhand
Reported in : [2004(1)JCR138(Jhr)]
..... evidence appearing in paras 41 and 42 of his testimony is referred to.12. now the bone of contention between the parties is as to whether the agreement (ext. 2) is a hire purchase agreement or an agreement of sale in respect of the sand preparation and washing plant which was erected and, installed in the premises of the defendants-respondent by the plaintiff-appellant ..... matthews, 1895 ac 471.in the case of bhimji n. dalai v. bombay trust corporation ltd., air 1930 bom 306, it has been observed that:'...........in construing a hire purchase agreement the substance of the agreement must be considered as a whole, not the substance apart from the language used, nor the mere words divorced from the substance, but the substance which must be ..... has become due and payable by the defendants-respondent to the plaintiff-appellant which is recoverable from them as well as from their property as per clause 22 of the hire purchase agreement read with the deed of rectification dated 4.8.1967. it is also alleged that the defendants-respondent have not paid up the stipulated value of the plant and ..... 15,354.42. the further case of the plaintiff-appellant is that the plant and machineries as supplied and delivered by the plaintiff-appellant to the defendants-respondent under the hire purchase agreement has been duly put into commission by the defendants-respondent and has been extensively used by them for sand processing purpose and notwithstanding assurances given and stipulations made by the .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : 2003(2)ARBLR645(P& H); 2003(3)KLT397
..... in the present petition rests on first four questions, i will first take up the above four questions. 9. the first question is whether the agreement between the parties is a loan agreement or a hire purchase agreement. agreement between the parties has been annexed as annexure p-l. wherein the petitioner is described as the owner and the complainant is described as the hirer ..... court may involve commission of an offence and what offence has been committed will depend on facts of an individual case. the judgments of the supreme court in hire purchase cases holding that in a hire purchase agreement, the owner cannot be guilty of theft of his own property, will not be applicable to cases where the transaction is, in substance, a loan transaction, ..... by the owner. 20. restriction on owner's right to recover possession of goods otherwise than through court.- (1) where goods have been let under a hire-purchase agreement and the statutory proportion of the hire-purchase price has been paid, whether in pursuance of the judgment of a court or otherwise, or tendered by or on behalf of the hirer or any surety ..... give security by hypothecating the vehicle in favour of the appellants and for ensuring repayment of the loan advanced that the customer submitted to the various onerous conditions of the hire purchase agreement,' 'in the light of these principles the true nature of the transactions of the appellants may now be stated. the appellants are carrying on the business of financiers: they .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2SCR112
..... decidethat question for themselves if parties did not agree. 25. this case in our opinion brings out the true nature of the payment madeas hire in hire purchase agreement. part of the amount is towards the hire andpart towards the payment of price, and it would be for the sales taxauthorities to determine in an appropriate way the price of the vehicle ..... of the high court be brought within the charging provisions of thesection. the high court therefore held that explanation i to section 2(h) ofthe act referred to those hire-purchase agreements only which fructify intosale and not to those which did not, and in this view of the matter upheld thevalidity of the explanation. 10. the high court then ..... by the appellant and fixed instalments forpayment thereof. the appellant paid the instalments but preferred a revision tothe commercial tax officer objecting to the assessment mainly on the groundthat hire-purchase agreements were not transactions of sale liable to be taxedunder the act. the revision was however dismissed on the ground that there wasno necessity for interfering with the provisional ..... the sum of re. 1/- including theinstalments then outstanding, if any. 5. the appellant commenced business in february 1955 and in the course ofsuch business entered into several hire-purchase agreements relating to motorvehicles both new and second-hand. on april 28, 1956, the appellant submitted areturn to the assistant commercial tax officer, coimbatore, showing a turnoverfor the purposes .....Tag this Judgment!