Uttar Pradesh Motor Vehicles Taxation Act, 1997, Section 4, 12 -- Payment of tax - Financier of a motor vehicle/transport vehicle in respect of which a hire purchase or lease or hypothecation agreement has been entered, is liable to payment of tax from the date of taking possession of said vehicle under said agreement - However, if after payment of tax, vehicle is not used..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle seized in an offence u/ss 364, 392 IPC - Vehicle in question hypothecated by original owner in favour of appellant by entering into hire purchase agreement - Entry of hypothecation of vehicle in favour of appellant was very much there in original registration certificate, which was..........
Motor Vehicles Act, 1988, Section 50, 147, 149 -- Theft of vehicle - Liability of insurance company - Purchase of vehicle in auction by Bank - Certificate of possession issued by bank - Insurer was specifically informed by Bank which held a lien on insurance policy of lifting its lien following termination of agreement of hypothecation - Following this, premium for..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Recovery suit - Vehicle loan - Hypothecation of vehicle to bank - Default in payment of EMIs and other charges - Appointment of receiver in such circumstances is necessary - Impugned order of dismissing application U.O.40.R.1 CPC set aside - Directions issued...........
Motor Vehicles Act, 1988, Section 2(30) -- Owner - Means a registered owner and where agreement of hire purchase or an agreement of hypothecation has been entered into or lease agreement, person in possession of vehicle is treated as an owner...........
Motor Vehicles Act, 1988, Section 2(30), 146 -- Hypothecation agreement - Vehicle, which was not insured, met with accident - Liability of financier - Person in possession of vehicle under hypothecation agreement is to be treated as owner - Registered owner of vehicle should not be held liable if the vehicle is not in his possession and control - Financier had no..........
Civil Procedure Code, 1908, Section 9 -- Hire purchase agreement - Hypothecation of vehicle - Seizure of vehicle illegally - Suit for damages - Seizure even if permitted under the terms of agreement, it can be done only lawfully and not otherwise - Illegal seizure of vehicle, which is opposed to public policy, over and above giving rise to criminal proceedings against the..........
Arbitration and Conciliation Act, 1996, Section 8 -- Hire purchase agreement - Hypothecation of vehicle - Arbitration clause - Illegal seizure of vehicle - Suit for damages - Held, illegal seizure of vehicle being the dispute is not a matter covered by the arbitration clause under the hypothecation agreement as such dispute cannot be referred to arbitrator...........
Criminal Procedure Code, 1973, Section 94 -- Forcible possession of vehicle - Stolen property - Search - Petitioner has purported to invoke clause 8.2 of loa, cum-hypothecation agreement for taking possession of vehicle in question on ground that second respondent committed defaults in re-payment of loan - Petitioner is a financier who advanced loan for purchasing vehicle..........
