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B.S.CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLA
Anup Sarmah – Appellant
Versus
Bhola Nath Sharma – Respondent
Judgment :
1. This petition has been filed against the impugned judgment and order dated 22.6.2009 passed by the High Court of Assam at Gauhati in Criminal Revision No. 156 of 2009 rejecting the case of the petitioner against the respondents that they had forcibly taken the custody of the vehicle purchased by the petitioner on hire-purchase from them. The court has quashed the criminal proceedings against the respondents.
2. Learned counsel for the petitioner has submitted that respondents-financer had forcibly taken away the vehicle financed by them and illegally deprived the petitioner from its lawful possession and thus, committed a crime. The complaint filed by the petitioner had been entertained by the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case No. 608 of 2009, even directing the interim custody of the vehicle (Maruti Zen) be given to the petitioner vide order dated 17.3.2009. The High Court has wrongly quashed the criminal proceedings pending before the learned Magistrate.
3. On the contrary, learned counsel appearing on behalf of the respondents, has submitted that under the hire-purchase agreement, the financier remains the owner of the vehicle till
Prinsu Kumar S/O Ram Naresh Singh VS State of Bihar through the Additional Chief Secretary, Home Department - 2024 0 Supreme(Pat) 310: This case explicitly treats *Anup Sarmah v. Bhola Nath Sharma* (2013) 1 SCC 400 as bad law. It states: "The decision of Anup Sarmah (supra), clearly contradicts the ratio laid down by the Hon’ble Apex Court in Citicorp Maruti Finance". This indicates the case has been criticized or effectively treated as unreliable or contradicted by prior precedent.
All remaining cases treat *Anup Sarmah v. Bhola Nath Sharma & Ors.* (2013) 1 SCC 400 (and minor name variants like Anup Sharmah, Arup Sarmah, etc.) positively, relying on it as binding precedent, quoting its paragraphs, or applying its holding on hire-purchase agreements, repossession rights, and non-criminality of financier actions. Examples include:
HDFC Bank Ltd. VS State of Raj. - 2013 0 Supreme(Raj) 352: Cites and relies on it ("Lastly reliance has been placed on Anup Sarmah vs.").
Abdul Hussain VS Indusind Bank - 2014 0 Supreme(Mad) 1428: Bound by it as recent Supreme Court decision ("this Court is bound by the recent decision... in the case of Anup").
Cholamandalam Investment & Finance Co. , Ltd. VS Chief Secretary to Govt. - 2014 0 Supreme(Mad) 1528: References its correctness being considered.
H. D. F. C. Bank Ltd. VS State of Rajasthan - 2014 0 Supreme(Raj) 522: Reproduces paras from it ("it will be apposite to reproduce here the following Paras from the judgment of Anup Sarmah (supra)").
HDFC Bank Limited VS State of Rajasthan - 2014 0 Supreme(Raj) 1787: Cites holding ("wherein it was held").
L & T Finance Ltd. VS Ramdas Urkudaji Gajbhiye - Consumer (2014): Relied upon ("He also relied on the judgment... wherein").
Seven Brothers VS Hinduja Leyland Finance Company - 2015 0 Supreme(MP) 574: Quotes paras ("wherein in paragraphs 4, 5 and 6 observed as under").
Arpit Jain VS Vijay Sisodiya - 2015 0 Supreme(MP) 592: Relied on for agreement terms ("to state that in an agreement").
Reji VS State of Kerala - 2015 0 Supreme(Ker) 1514: Draws attention to dictum.
THE MANAGER Vs STATE OF KERALA - 2016 Supreme(Online)(KER) 38439: Ruled on repossession ("The Apex Court ruled that... In Anup Sarmah v. Bhola Nath Sharma").
SHEETAL PRASAD SINGH VS STATE - 2016 0 Supreme(Del) 200: Cited alongside others.
Omprakash Pandey VS State of West Bengal - 2016 0 Supreme(Cal) 207: References as recent ("Supreme Court of not too distant origin, reported in (2013) 1 SCC 400 (Anup").
Magma Fincorp Limited VS State Of Bihar - 2016 0 Supreme(Pat) 1582: Cited as precedent.
Prem Sao @ Prem VS State of Jharkhand - 2017 0 Supreme(Jhk) 955: Quotes holding ("it was held as follows").
Magma Leasing Limited vs State - 2017 Supreme(Online)(All) 129: Determines trustee status ("Again in Anup Sarmah vs. Bhola Nath Sharma").
MAGMA LEASING LTD. VS STATE OF U. P. - 2017 0 Supreme(All) 473: Follows earlier decision ("Again in Anup Sarmah vs.").
VINOD BABU vs STATE OF KERALA - 2017 Supreme(Online)(KER) 2771: Confirms legality.
Rajesh Kumar @ Rajesh Kumar Mishra VS State of Bihar - 2017 0 Supreme(Pat) 686: Deals with similar nature ("while dealing with a case of similar nature").
Tata Motors Finance Limited VS State of Assam - 2017 0 Supreme(Gau) 588: Cites case.
Tata Motors Finance Ltd. VS State of Assam - Crimes (2017): Cites case.
Pulak Goswami, Managing Director, M/S. Kiron Transport Pvt. Ltd. VS State of Assam - 2017 0 Supreme(Gau) 589: Cites alongside others.
Shailendra Mohan Jha VS State of Bihar - 2017 0 Supreme(Pat) 1491: Makes clear re vehicle ("wherein the Supreme Court made it clear").
Amandeep Singh alias Amandeep Sidhu VS State of Punjab - 2017 0 Supreme(P&H) 1354: Holds as under, relies upon.
DCS Limited VS State of West Bengal - 2017 0 Supreme(Cal) 553: Refers to it.
Gunvanth Chand Khariwal VS State of Kerala - 2018 0 Supreme(Ker) 223: Submitted right to repossess.
Sabya Sachi Dutta, S/o Hrisikesh Dutta VS State of Assam - 2018 0 Supreme(Gau) 782: Relying on principle ("relying on the principle enunciated").
Sri Kant Singh, S/o Late Nand Kumar Singh VS Regional Manager, Canara Bank, Near Income Tax Golamber - 2018 0 Supreme(Pat) 624: Cited in support.
Lt. Col. Ran Vijay Singh VS State of Himachal Pradesh - 2018 0 Supreme(HP) 297: Holds as under.
Balwinder Kumar VS R. N. Highways (P) Ltd. - 2018 0 Supreme(P&H) 2927: Relied upon.
K. Soundarrajan @ Rajan Kumar VS Kulwant Singh - 2018 0 Supreme(P&H) 3730: In view of judgment.
Amrik Singh VS State of J&K - 2018 0 Supreme(J&K) 580: In ... vs.
Tanwar Anwar VS State of Orissa - 2019 0 Supreme(Ori) 356: Cited.
Rajesh Mishra, Son of Ramesh Chandra Mishra VS State of Bihar - 2019 0 Supreme(Pat) 501: Held quash under.
Amandeep Singh Bains VS State of Chhattisgarh - 2019 0 Supreme(Chh) 45: Took note of principle, squarely applies.
Punjab National Bank VS Madhab Kumar Das - 2020 0 Supreme(Gau) 522: Held that in agreement.
MAGMA FINCORP LTD. VS RAJESH KUMAR TIWARI - 2020 6 Supreme 257: Cited, held that.
Jitendra Singh Dhillon VS State of M. P. - 2020 0 Supreme(MP) 1106: Held as under.
Jitendra Singh Dhillon VS State Of M. P. - 2020 0 Supreme(MP) 783: Held as under.
Indusind Bank Limited VS State Of West Bengal - 2022 0 Supreme(Cal) 1042: Referred to, relied upon ("authority in anup Sarmah (Supra) relied upon").
SHANAVAS.M Vs THE STATE OF KERALA - 2022 Supreme(Online)(KER) 38618: Does not amount to offence ("The Apex Court in Anup Sarmah v. Bhola Nath Sharma").
Kripa Shanker Singh VS Lucknow Development Authority - 2022 0 Supreme(All) 1017: Held that financier.
Prasad Kori VS State of Madhya Pradesh - 2023 0 Supreme(MP) 529: Placed heavy reliance.
Anjani Kumar Srivastava VS State of Bihar - 2023 0 Supreme(Pat) 347: Quotes paras, no offence ("law laid down by the Hon’ble Supreme Court").
Raja Banerjee VS State of Jharkhand - 2023 0 Supreme(Jhk) 454: Wherein Hon’ble Supreme Court.
Magma Sharachi Finance Limited VS State of Jharkhand - 2023 0 Supreme(Jhk) 517: Has been held ("ownership remains with latter as has been held").
SHAMEER E.K. vs STATE OF KERALA - 2023 Supreme(Online)(KER) 8365: Relied on to assert no theft.
Gursharan Singh VS State of Punjab - 2023 0 Supreme(P&H) 3055: Covered by judgment.
Tata Capital Ltd. VS Umeshkumar Hanumandas Goyal - 2023 0 Supreme(Bom) 1617: Considered judgment.
M/s.Cholamandalam Investment vs The Inspector of Police - 2024 Supreme(Online)(MAD) 12308: Squarely covered ("squarely covered by the judgment").
Prinsu Kumar S/O Ram Naresh Singh VS State of Bihar through the Additional Chief Secretary, Home Department - 2024 0 Supreme(Pat) 310: References it (but see bad_law for contradiction note).
Shaan Finance Ltd. VS A. K. Shakkeer - 2024 0 Supreme(Ker) 609: Placed reliance.
M/S.SHAAN FINANCE LTD. vs A.K.SHAKKEER - 2024 Supreme(Online)(KER) 7913: Placed reliance for breach of trust.
Pabitra Das S/o Late Dhaneswar Das vs General Manager Indian Bank - 2025 0 Supreme(Gau) 1185: Cited.
Tvl.Shriram Finance Ltd. vs State of Tamil Nadu represented by The Joint Commissioner (CT), Chennai (East) Division, Chennai. - 2025 Supreme(Online)(Mad) 62350: Clarified roles.
Umesh Govind Revankar @ Umesh Govind Ravankar vs State of Jharkhand - 2026 0 Supreme(Jhk) 353: Relies upon ("relies upon the judgment").
**Explanation**: Overwhelming pattern of positive treatment via phrases like "relied on/upon", "held as under", "bound by", "quotes paras", "principle enunciated/squarely applies", "heavy reliance", confirming its ongoing validity as good law on hire-purchase/repossession.
None. All cases show clear positive treatment except the one identified as bad_law due to explicit contradiction language. Minor name variations (e.g., Anoop/Anup/Arup Sarmah, Bholaraj/Bhola Nath) refer to the same 2013 SCC 400 case based on context and citation.
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