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Home Bare Acts Phrase: purchaserHire-purchase Act, 1972 [Repealed] Chapter III
Title: Warranties and Conditions, Limitation on Hire-purchase Charges and Passing of Property
State: Central
Year: 1972
.....was brought to the notice of the hirer and its effect made clear to him. (7) Nothing in this section shall prejudice the operation of any other enactment or rule of iaw whereby any condition or warranty is to be implied in any hire-purchase agreement. Section 7 - Limitation on hire-purchase charges (1) In this section, -- (a) "cash price instalment", in relation to a hire-purchase instalment, means an amount which bears to the net cash price the same proportion as the amount of the hire-purchase instalment bears to the total amount of hire-purchase price; (b) "deposit'" means any sum payable by the hirer under the hire-purchase agreement by way of deposit or other initial payment or credited or to be credited to him under the agreement on account of any such deposit or payment. whether that sum is to be or has been discharged by payment of money or by transfer or delivery of goods or by any other means; (c) "net cash price", in relation to goods comprised in a hire-purchase agreement, means the cash price of such goods as required to be specified in the hire-purchase agreement under clause (b) of sub-section (1) of section 4, less any deposit as defined in clause.....
View Complete Act List Judgments citing this sectionHire-purchase Act, 1972 [Repealed] Section 7
Title: Limitation on Hire-purchase Charges
State: Central
Year: 1972
.....in a hire-purchase agreement, means the cash price of such goods as required to be specified in the hire-purchase agreement under clause (b) of sub-section (1) of section 4, less any deposit as defined in clause (b); (d) "net hire- purchase charges", in relation to a hire-purchase agreement for any goods, means the difference between the net hire-purchase price and the net cash price of such goods; (e) "not hire-purchase price", in relation to goods comprised in a hire-purchase agreement, means the total amount of" hire-purchase price of such goods as required to be specified in the hire-purchase agreement under clause (a) of sub-section (I) of section 4 less, -- (i) any amount which is payable to cover the expenses of delivering the goods or any of them to or to the order of the hirer and which is specified in the agreement as included in the hire-purchase price; (ii) any amount which is payable to cover registration or other fees under any law in respect of the goods or the agreement or both and which is specified in the agreement as included in the hire-purchase price; and (iii) any amount which is payable for insurance (other than third party insurance) in respect.....
View Complete Act List Judgments citing this sectionHire-purchase Act, 1972 [Repealed] Chapter II
Title: Forms and Contents of Hire-purchase Agreements
State: Central
Year: 1972
.....and the court may, if it is satisfied that the failure to comply with any such requirement has prejudiced the hirer, rescind the agreement on such terms as it thinks just, or pass such other order as it thinks fit in the circumstances of the case. Section 5 - Two or more agreements when treated as a single hire-purchase agreement Where by virtue of two or more agreements in writing, none of which by itself constitutes a hire-purchase agreement, there is a bailment of goods and the bailee has an option to purchase the goods and the requirements of section 3 and section 4 are satisfied in relation to such agreements, the agreements shall be treated for the purposes of this Act as a single hire-purchase agreement made at the time when the last of the agreements was made.
View Complete Act List Judgments citing this sectionHire-purchase Act, 1972 [Repealed] Complete Act
Title: Hire-purchase Act, 1972 [Repealed]
State: Central
Year: 1972
.....for unauthorised act or breach of express condition Section23 - Obligation of owner to supply copies and information Chapter VI Section24 - Discharge of price otherwise than by payment of money Section25 - Insolvency of hirer, etc. Section26 - Successive hire-purchase agreements between same parties Section27 - Evidence of adverse detention in suit or application to recover possession of goods Section28 - Hirer's refusal to surrender goods not to be conversion in certain cases Section29 - Service of notice Section30 - Power to exempt from provisions of sections 6, 9, 10, 12 and 17 in certain cases Section31 - Act not to apply to existing agreements Repealing Act1 - HIRE PURCHASE (REPEAL) ACT, 2005
List Judgments citing this sectionHire-purchase Act, 1972 [Repealed] Section 9
Title: Right of Hirer to Purchase at Any Time with Rebate
State: Central
Year: 1972
(1) The hirer may, at any time during the continuance of the hire-purchase agreement and after giving the owner not less than fourteen days' notice in writing of his intention so to do, complete the purchase of the goods by paying or tendering to the owner the hire-purchase price or the balance thereof as reduced by the rebate calculated in the manner provided in sub-section (2). (2) The rebate for the purposes of sub-section (1) shall be equal to two-thirds of an amount which bears to the hire-purchase charges the same proportion as the balance of the hire-purchase price not yet due bears to the hire-purchase price. Explanation.--In this sub-section "hire-purchase charges" means the difference between the hire-purchase price and the cash price as stated in the hire-purchase agreement. (3) The provisions of this section shall have effect notwithstanding anything to the contrary contained in the hire-purchase agreement, but where the terms of the agreement entitle the hirer to a rebate higher than that allowed by this section, the hirer shall be entitled to the rebate provided by the agreement.
View Complete Act List Judgments citing this sectionHire-purchase Act, 1972 [Repealed] Section 4
Title: Contents of Hire-purchase Agreements
State: Central
Year: 1972
.....mode of determining the dale, upon which it is payable, and the person to whom and the place where it is payable; and (e) the goods to which the agreement relates, in a manner sufficient to identify them. (2) Where any part of the hire-purchase price is, or is to be, paid otherwise than in cash or by cheque, the hire-purchase agreement shall contain a description of that part of the hire-purchase price. (3) Where any of the requirements specified in su b-section (1) or sub-section (2) has not been complied with, the hirer may institute a suit for getting the hire-purchase agreement rescinded; and the court may, if it is satisfied that the failure to comply with any such requirement has prejudiced the hirer, rescind the agreement on such terms as it thinks just, or pass such other order as it thinks fit in the circumstances of the case.
View Complete Act List Judgments citing this sectionHire-purchase Act, 1972 [Repealed] Section 6
Title: Warranties and Conditions to Be Implied in Hire-purchase Agreements
State: Central
Year: 1972
.....and if the goods are let tinder the agreement by reference to a sample as well as by description, it shall not be sufficient mat the bulk of the goods correspond with the sample if the goods do not also correspond with the description. (6) An owner shall not be entitled to rely on any provision in a hire-purchase agreement excluding or modifying the condition set out in sub-section (3) unless he proves that before the agreement was made the provision was brought to the notice of the hirer and its effect made clear to him. (7) Nothing in this section shall prejudice the operation of any other enactment or rule of iaw whereby any condition or warranty is to be implied in any hire-purchase agreement.
View Complete Act List Judgments citing this sectionHIRE-PURCHASE ACT, 1972 [REPEALED] Section 12
Title: Assignment and transmission of hirer's right or interest under hire-purchase agreement
State: Central
Year: 1972
.....the hire-purchase agreement during the residue of the term thereof and whereby the assignee indemnifies the hirer in respect of such liabilities. (5) The right, title and interest of a hirer under a hire-purchase agreement shall be capable of passing by operation of law to the legal representative of the hirer but nothing in this sub-section shall relieve the legal representative from compliance with. the provisions of the hire-purchase agreement. Explanation--In this sub-section, the expression "legal representative" has the same mean ing as in clause (11) of section 2 of the Code of Civil Procedure, 1908 (5 of 1908). " (6) The provisions of this section shall apply notwithstanding anything to the contrary contained in the hire-purchase agreement.
View Complete Act List Judgments citing this sectionHire-purchase Act, 1972 [Repealed] Section 3
Title: Hire-purchase Agreements to Be in Writing and Signed by Parties Thereto
State: Central
Year: 1972
(1) Every hire-purchase agreement shall be-- (a) in writing, and (b) signed by all the parties thereto. (2) A hire-purchase agreement shall be void if in respect thereof any of the requirements specified in sub-section (1) has not been complied with. (3) Where there is a contract of guarantee, the hire-purchase agreement shall be signed by the surety also, and if the hire-purchase agreement is not so signed, the hire-purchase agreement shall be voidable at the option of the onwer.
View Complete Act List Judgments citing this sectionHire-purchase Act, 1972 [Repealed] Repealing Act 1
Title: Hire Purchase (Repeal) Act, 2005
State: Central
Year: 1972
Repealing Act 1 - HIRE PURCHASE (REPEAL) ACT, 2005 THE HIRE-PURCHASE (REPEAL) ACT, 2005 [Act, No. 31 of 2005] [23rd June, 2005] PREAMBLE An Act to repeal the Hire-purchase Act, 1972. BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:-- 1. Short title This Act may be called the Hire-purchase (Repeal) Act, 2005. 2. Repeal of Act 26 of 1972 This Hire-purchase Act, 1972 is hereby repealed.
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