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Report No. 168

2.18. Section 13.-

No objections have been raised with respect to section 13 which has also remained untouched by the 1989 Amendment Bill.

2.19. Section 14.-

Section 14 has remained untouched by the 1989 Amendment Bill. It sets out the obligations of the hirer in the matter of the care to be taken of hired goods. The Federation, however, has raised certain objections to it. They are (i) clause (b) of sub-section (1) should be deleted, and (ii) at the end of sub-section (2), the words "or on loss of goods itself" should be added. In the revised set of objections, a fresh suggestion is made to the effect that in clause (a) of sub-section (1), the words "subject to reasonable wear and tear" shall be added.

2.19.1. We have carefully considered the suggestions of the Federation including the reasons stated in support there of (mentioned in both the sets of objections) but are unable to accede to the same. Section 14, as it stands, strikes a careful balance between the rights and obligations of the hirer as well as the owner. Deletion of clause (b) of sub-section (1) will create a very anomalous situation and would be extremely unjust to the hirer besides being unreasonable in the context of such agreements. The proposed addition of words at the end of sub-section (2) would be inconsistent with the provisions of sub-section (1). The new objection raised with respect to clause (a) of sub-section (1) is equally unfounded. Section 14 will, accordingly, remain unchanged.



The Hire-Purchase Act, 1972 Back




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