AdvocateKhoj
Login : Advocate | Client
Home Post Your Case My Account Law College Law Library
    

Report No. 168

2.32. Section 28.-

Section 28 contemplates a situation where the enforcement of the right of the owner to recover possession of goods from a hirer is subject to a restriction and during the subsistence of such restriction, the hirer refuses to give up possession of the goods to the owner. The section says that such a refusal on the part of the hirer shall not be treated as conversion of the goods. This section remains untouched by the Amendment Bill. The Federation has, however, asked for a total substitution of the section including its title. According to the substitution suggested by the Federation, an obligation is placed upon the hirer not to refuse to give possession of the goods and not to seek any restriction on the owner's right to obtain possession.

It is obvious that the substitution suggested by the Federation is altogether a different proposition from the provision contained in section 28. Section 28 indeed states the obvious. If the right of the owner to recover possession is subject to a restriction, it is obvious that the refusal of the hirer to give up possession of the goods, during the subsistence of such restriction, cannot be treated as conversion. Accordingly, we see no justification to make any change in section 28.



The Hire-Purchase Act, 1972 Back




Client Area | Advocate Area | Blogs | About Us | User Agreement | Privacy Policy | Advertise | Media Coverage | Contact Us | Site Map
powered and driven by neosys