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Ghanashyam Sarma and anr. Vs. State of Assam and ors.

Court : Guwahati

..... conducted by the police, reflects that there were belongings inside the bus and/or any cash amount inside the bus, while the bus was being taken possession of by the agent of the financier, and, if such materials are seized, the learned court below shall remain competent to pass appropriate order (s) with regard to such articles or cash amount as far as custody thereof is ..... 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 the vehicle were unlawful, and (iii) the taking away of the vehicle was without the complainant's consent.16 ..... mean, i may not hasten to clarify, that if, in the process of repossessing a vehicle, covered by hire-purchase agreement, when the financier or his representative or his agent commits any offence, the financier or the representative or the agent, as the case may be, cannot evade the liability of being prosecuted for commission of such offence.28 ..... kiran sharma, who had got the vehicle registered in the state of arunachal pradesh without obtaining any 'no objection certificate' (as is required under the motor vehicles' act, 1988), from the 'financier', though it was the 'financier', who had financed the purchase of the vehicle by the hirer on the basis of the hire-purchase agreement aforementioned. .....

Prakash Leasing Limited Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : ILR2002KAR1386; 2002(1)KarLJ517

..... therefore, in my considered view, in a case of hire-purchase agreement, the provisions contained in article 20(3)(a) cannot be made applicable and the financier cannot be asked to pay the stamp duty prescribed under article 20(3)(a) of the stamp act. 11. ..... 'form 36 [see rule 61(2)] application for issue of a fresh certificate of registration in thename of the financier to the registering authority i/we, ..... ..... it is not in serious dispute that the petitioner is a company engaged in non-banking financial activities like leasing, corporate financing, hire-purchase and other allied financial services. ..... in support of his submission, he referred to me the observation made by this court in the case of karnataka state financial corporation and anr. v. ..... the petitioner in this petition is a company registered under the companies act, 1956 and it is stated that it is engaged in non-banking financial activities like leasing, corporate financing, hire-purchase and other allied financial services. 2. ..... signature of the financier specimen signatures of the financier: 1. .... ..... therefore, from the said judgment of this court, it is clear that as per the terms of the hire-purchase agreement where the vehicle is leased to a hirer, the ownership of the vehicle continues with the lesser/financier of the vehicle. ..... state of karnataka, wherein this court at paragraph 7 has directed the transfer of registration certificate in the name of the purchaser of the vehicle from the karnataka state financial corporation. .....

Utham Kumar JaIn Vs. the State of A.P. and ors.

Court : Andhra Pradesh

Reported in : 2005(2)ALD(Cri)676; 2005CriLJ3601

..... respondents 2 and 3 that they paid the entire amount towards hire purchase price but the financier did not return hire purchase agreement duly cancelled nor did give valid reasons about the amounts paid ..... that is the reason why in sub-section (5) of section 51 of motor vehicles act, the law mandates that financier has to satisfy the registering authority under the motor vehicles act that he has taken possession of the vehicle owing to default of the registered owner ..... lastly, he would urge that though for the purpose of hire-purchase agreement, the financier is deemed to be the owner, the said legal fiction cannot confer any such right on financier after the expiry of the period of hire-purchase agreement and even as per the registration certificate issued by road transport authorities, the second respondent alone is the owner of the ..... having regard to the fact that the agreement period expired on 31-7-1997 but the financier sought to exercise power long thereafter, it must be held that the rights of the financier under the agreement got extinguished in accordance with section 27 of the limitation act.24. ..... state of punjab (2000 cri lj 587) (sc) (supra), it was contended that the financier continues to be the owner of the vehicle so long as the entire hire-purchase price is not paid and therefore unless and until the vehicle used for carrying narcotic drugs with the knowledge of the financier, an order of confiscation could not have been passed under section 60(3) of narcotic drugs .....

Shriram Transport Finance Co. Ltd. Vs. Khaishiulla Khan

Court : Karnataka

Reported in : 1993CriLJ1069; ILR1993KAR61

..... of the hire-purchase agreement it becomes abundantly clear that mens rea is totally absent in the person seizing the vehicle and as by mutual agreement the right has been given to the financier to seize the vehicle it does not amount to taking possession of the vehicle 'dishonestly', because such an act does not fall under the category of cases in which the person seizing ..... of criminal procedure the common question is when there is a hire-purchase agreement in respect of a motor vehicle, and when the motor vehicle is seized by the financier in enforcement of the clause in the agreement giving right to the financier to seize the vehicle and on the complaint being filed by the hirer alleging theft of the same and the motor vehicle having been seized by the police and ..... the very seizure of the vehicle from the possession of the hirer as the investigation did not reveal it, in refusing to deliver the vehicle to the custody of the financier the learned magistrate to overcome the decision in jagadeesan's case reasoned as follows; 'the said decision clearly enunciates that as between the hirer who is registered owner and the ..... situation the court of the viiith additional chief metropolitan magistrate, bangalore city, by its order dated 28,1.91 taking a contrary view directed the vehicle to be given to the custody of the financier and this order was challenged before the court of the principal city sessions judge, bangalore by the hirer by a revision petition and the learned sessions. .....

Bava Vs. Cheriya Bava

Court : Kerala

Reported in : I(2004)ACC622; II(2004)ACC666; 2004ACJ514; AIR2004Ker162; 2004(1)KLT1

..... the short but interesting question that arises for consideration in this original petition is whether the 'financier' of a motor vehicle under a hire purchase agreement has to be impleaded as necessary party in a proceeding before the motor accidents claims tribunal, under section 166 of the motor vehicles act, ..... the case on hand, the question whether there was any breach of the terms of the hire purchase agreement entered into between the petitioner and the financier is totally beyond the realm and scope of an adjudication before the motor accidents claims tribunal. ..... there is no doubt that the petitioner can work out his remedies against the financier before the appropriate forum, if there was any breach of the terms of the ..... it is contended by the learned counsel that while deciding the liability of the owner vis-a-vis the claimant, the question whether the financier had discharged the duty to renew the insurance policy had to be necessarily looked into. ..... ensure that third parties who suffer due to the user of motor vehicles would be able to get damages and recoverability of the damages should not depend upon the financial condition of the driver or owner of the vehicle who caused the accident'. ..... in the above case, the criminal complaint filed by the financier against the hirer was dismissed by the trial court on the ground that failure of the hirer to pay hire charges would not entitle the financier to re-possess the vehicle unless he approached the civil court and got the .....

Jai Kumar Prasad Roy and Suresh Automobiles Vs. State of Jharkhand and ...

Court : Jharkhand

Reported in : 2002CriLJ4632

..... bus on the basis of hire purchase agreement from suresh automobiles as per terms and conditions (annexure 3) and the informant agreed that in case of default in monthly instalments, he shall be bound to hand over the vehicle to the financier and accordingly when he failed to pay instalments in time and finding no option the informant handed over the vehicle on 18.3.2001 (annexure 7) and he also sworn affidavit that he has taken the payment of vehicle and he has ..... the vehicle in question was admittedly purchased on the hire purchase basis and suresh automobiles was the financier and the informant was also defaulter and had not paid the instalments as required under the terms of agreement. ..... 2,71,761/-and when the informant failed to pay the instalments he surrendered the vehicle on 18.3.2001 in favour of the financier and to this effect the informant also executed documents and sworn affidavit on 14.5.2001 as he had received the price of the said vehicle. ..... moreover, various documents executed by the informant itself clearly indicate that the vehicle was surrendered in favour of the financier due to non-payment of the instalment as being the defaulter. ..... it is well settled that recovery of possession of vehicle by the owner/financier as per terms of hire purchase agreement does not amount to a criminal offence. ..... it is also clear that the informant came to know about taking away the bus by the financier on 28.6.2001 but the fir has been lodged on 4.8.2001. .....

C.S. Sajith Vs. Regional Transport Authority, Represented by its Secre ...

Court : Kerala

..... the learned single judge after evaluating the respective contentions allowed the writ petition filed by the financier setting aside the order dated 12/5/2015 of secretary, rta and the writ petition filed by the appellant was dismissed. ..... or for the alteration of the vehicle under section 52, make an application] to the person with whom the registered owner has entered into the said agreement, (such person being hereafter in this section referred to as the financier) for the issue of a no objection certificate (hereafter in this section referred to as the certificate). ..... though it is not mandatory for insisting for a no objection certificate from the financier in terms of section 51(6) of the mv act, for granting replacement of vehicle, it is necessary that the transport authority should ensure compliance of rule ..... perusal of order dated 12/5/2015 would indicate that replacement of the vehicle was in fact allowed on two conditions, one is production of noc from the financier and the other is payment of tax arrears in respect of the outgoing vehicle. ..... a bare reading of the aforesaid provision indicates that a permission from financier is not required to replace a vehicle with a new vehicle during the pendency of the permit. ..... the 1st respondent, the secretary, rta allowed the application of the appellant as per order dated 12/5/2015 directing replacement of the vehicle on condition of production of noc from the financier and remittance of tax arrears in respect of the outgoing vehicle. .....

M/S Shriram Transport Finance Co. Ltd. Vs. Shri R. Khaishiulla Khan an ...

Court : Karnataka

Reported in : 1993(1)KarLJ62

..... with the terms of the hire-purchase agreement it becomes abundantly clear that means rea is totally absent in the person seizing the vehicle and as by mutual agreement the right has been given to the financier to seize the vehicle it does not amount to taking possession of the vehicle 'dishonestly', because such an act does not fall under the category of cases in which the person seizing gains possession wrongfully nor the ..... in a similar situation the court of the viiith additional chief metropolitan magistrate, bangalore city, by its order dated 28-1-91 taking a contrary view directed the vehicle to be given to the custody of the financier and this order was challenged before the court of the principal city sessions judge, bangalore by the hirer by a revision petition and the learned sessions judge by his order dated 13-1-92 upheld the order of the ..... -purchase agreement must be distinguished from transaction in which the customer is the owner of the goods and with a view to finance his purchase he enters into an agreement which is in the form of a hire-purchase agreement with the financier, but in substance evidences a loan transaction, subject to hiring agreement under which the lender is given the licence to seize the goods. .....

Tillu Vs. State

Court : Rajasthan

Reported in : 1971WLN74

..... it is in the statement of the approver sajan that after leaving bansi's hotel all the 4 persons went to the financier's office-cumresidence near the tourist hotel, subhash marg, jaipur. ..... there was some other person sitting in the car saroopa came out of the car and told sajan that as the financier was going out for 25 days his account should be settled. ..... rsl 6598 and started for the place of financier.financier uttamchand, p.w.18, has said:on the night of 10th june, 1967, at about 9-30 p.m ..... set at rest by the witness himself and in the examination-in a chief he corrected his previous mistake by saying as under:saroopa had told me that he was going to settle accounts and he did not tell me that he was going to financier.by settlement of account saroopa obviously meant to get his dues. ..... , and asked him to settle his account with the financier, sajan told him to come at 12 noon to bansi's hotel, situate in front of the shah building ..... approver sajan says that after seeing the financier they proceeded towards phagi in the car. ..... he told sajan that he had contacted the financier and he had told him that he was to go outside for about 25 days ..... further said:i and saroopa alighted from the car and went to the office of the financier.this fact gets support from p.m. ..... he told the witness that as the financier was going out for 25 days, he should better be approached in connection with the settlement of his ..... suggested that both of them should go to the financier for the adjustment of the account. .....

State of Karnataka and Another Vs. Chandra Devi JaIn H.P.

Court : Karnataka

Reported in : ILR2000KAR3657; 2000(6)KarLJ291

..... therefore, except the right to seize thevehicle in terms of the hire-purchase agreement in the event of default in payment of instalments, the respondent-financier had no right to step into the shoes of the registered owner in a confiscation proceeding under section 71-a of the forest act for being entitled to notice under section 71-b of the said act. ..... 134 of 1994 on the ground that the confiscation order is in violation of the mandatory provisions of the forest act, as also the principles of natural justice, inasmuch as, the said financier had not been issued with notice of the confiscation proceedings by the authorised officer before the confiscation order came to be passed. ..... act, so far as the vehicle herein is concerned, same being subject-matter of hire-purchase agreement between the respondent-financier and one mohammed who has taken possession of the vehicle, it is the said mohammed who would be the owner within the meaning of section 2(30) of the m.v ..... in the scheme envisaged in sub-section (2) of section 71-b of the forest act, therefore, it would be anomalous to place the financier, who has not yet taken possession of the vehicle for failure to pay instalments and who has not yet himself registered as owner by taking steps under section 51(5) of the m.v ..... in the present case, all that is alleged is that mohammed had committed default in paying the instalments, and that, the financier therefore was searching for the vehicle for the purpose of taking possession of the same. .....