Anup Sarmah Vs. Bhola Nath Sharma
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Head Note
Indian Penal Code,1860 - Section 379 , Section 395 , Section 465 , Section 471
Hire Purchase Act, 1972 - Sections 13 and 14 - Hire-purchase - Vehicle purchased by petitioner on hire-purchase - Default in payment of instalments - Financer seized the vehicle - No offence made out - Held - In an agreement of hire purchase, the purchaser remains merely a trustee/bailee on behalf of the financier/financial institution and ownership remains with the latter - Thus, in case the vehicle is seized by the financier, no criminal action can be taken against him as he is repossessing the goods owned by him. AIR 1979 SC 850 : 1996(7) SCC 212 relied.
Topic(s)-
Important Decision(s)- In case the vehicle is seized by the financier, no criminal action can be taken against him as he is repossessing the goods owned by him.