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Search Results for "Hire Purchase"

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Supreme Court

Supreme Court Allows Financier's Appeal in Consumer Dispute Over Hire-Purchase Repossession — Held That Financier Is Not a 'Service Provider' Under Consumer Protection Act, 1986 for Repossession of Vehicle on Default. The court ruled that repossession of a vehicle under a hire-purchase agreement after default is a contractual right and not a deficiency in service.

1 Jan 2019

The appeal arose from a consumer dispute where the respondent, Rajesh Kumar Tiwari, had entered into a hire-purchase agreement with the appellant, M/s...

High Court

Bombay High Court Partially Allows Petition Against Arbitral Award in Hire Purchase Dispute — Reduces Interest Rate from 36% to 24% per annum. Court holds that 36% per annum interest on delayed payments is penal and excessive, and reduces it to 24% per annum under Section 34 of the Arbitration and Conciliation Act, 1996.

8 Jan 2015

The petitioners, Ashwin Crane & Construction and Ashwin Virji Dhame, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, ...

Supreme Court

Supreme Court Allows Assessees in Interest Tax Act Case on Hire-Purchase Instalments. Hire-purchase agreements are distinct from loans, and interest component in instalments is not taxable under Section 2(7) of the Interest-Tax Act, 1974, as it does not constitute interest on loans and advances.

3 Jan 2023

The dispute involved a batch of civil appeals concerning the tax liability of non-banking finance and leasing companies under the Interest-Tax Act, 19...

Supreme Court

Supreme Court Allows Appeal in Sales Tax Dispute Over Time Charter Agreement — Holds That Time Charter Is a Service Contract, Not Transfer of Right to Use Goods. The Court ruled that a time charter does not involve transfer of possession or control, thus not taxable under Section 5C of Karnataka Sales Tax Act, 1957.

4 Dec 2019

The appellant, The Great Eastern Shipping Co. Ltd., owned a tug named 'Kumari Tarini' and entered into a Time Charter Agreement dated 8.1.1998 with th...

High Court

Bombay High Court Upholds Tax on Hire Purchase Components Under Bombay Sales Tax Act — Option Money, Insurance, and Hire Premium Included in Sale Price. Hire Purchase Transaction Constitutes a Sale and Resale Deduction Under Section 8 Not Available.

30 Jan 2015

The case involves two sales tax references under the Bombay Sales Tax Act, 1959, arising from the Maharashtra Sales Tax Tribunal. The applicant, M/s. ...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Hire Purchase Dispute — No Interference Under Section 34 of Arbitration Act as Award Not Found to be Patently Illegal or Contrary to Public Policy. The court upheld the arbitral tribunal's award of Rs. 23,00,000/- with interest at 18% per annum, finding no error in the tribunal's interpretation of the hire purchase agreement or assessment of damages.

24 Aug 2016

The petitioner, Aidek Tourism Services Pvt. Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbi...

High Court

Bombay High Court Allows Amendment of Plaint in Commercial Suit for Recovery of Demurrage and Other Charges — Amendment Sought to Include Additional Claims and Correct Description of Vessel. Court Held That Amendment Does Not Introduce New Cause of Action and Is Necessary for Determination of Real Controversy.

30 Nov -0001

The present application was filed by the plaintiff, Indian Oil Corporation Limited, seeking amendment of the plaint in a commercial suit for recovery ...

High Court

High Court of Karnataka Dismisses Appeal Against Setting Aside of Arbitral Award in Hire Purchase Dispute — Arbitrator Exceeded Jurisdiction by Not Filing Award in Court as Required Under Section 14(2) of Arbitration Act, 1940. The court held that failure to file the award under Section 14(2) is a jurisdictional error and the award is liable to be set aside under Section 30 of the Act.

9 Feb 2024

The appellant, M/s. ICDS Ltd., a company incorporated under the Companies Act, 1956, filed a claim before an arbitrator against respondent No.1 (hirer...

High Court

Bombay High Court Dismisses Petition Challenging Expenditure Tax on Licence Fee Paid to Hotel for Beauty Parlour Premises. Licence fee for commercial accommodation in a hotel constitutes 'any accommodation, residential or otherwise' under Section 5 of the Expenditure Tax Act, 1987, and is chargeable to expenditure tax.

5 Jan 2011

The petitioner, Zarine Mangesh Edekar, filed a writ petition under Article 226 of the Constitution before the Bombay High Court challenging an assessm...

High Court

Bombay High Court Dismisses Appeal Against Vacation of Arrest of Vessel in Maritime Claim — Charterer's Bareboat Charter Terminated Before Arrest, Vessel Not Owned by Charterer at Time of Arrest. The court held that the arrest of vessel Geowave Commander was invalid as the vessel was not owned by the charterer M/s. Reflect and the sister ship provision under the Admiralty Act did not apply.

10 May 2013

The appellant, Yusuf Abdul Gani, sole proprietor of Jumbo Offshore Enterprises, filed an appeal against the order of the learned Single Judge dated 17...

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