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Supreme Court of India 2020-06-18 allowed

Surendra Kumar Bhilawe vs New India Assurance Company Limited

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

This appeal concerns ownership of a truck allegedly sold by the appellant but financed through a bank. The core issue was whether property had transferred to the buyer absent the financier bank's no-objection certificate. The Supreme Court held that property in movable goods transfers only when parties intend and the property is free to transfer. Since the bank's no-objection was imperative and not obtained, no valid transfer occurred. The truck's registration, permits, and insurance policy remained in the appellant's name three years after the alleged sale, and the appellant continued paying insurance premiums—facts inconsistent with ownership transfer. The Court allowed the appeal.

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Motor Vehicles Act Insurance Ownership Transfer Consumer Protection Sale of Goods

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