11 December 2007
Whether right to use Act applies on renting of Chartered Planes. Further whether there is any difference in renting of planes just like in the case of yellow black taxi and ordinary taxi
12 December 2007
All depends on the Contract made between the parties. I think following abstract from the judgment of Hon'ble Gauhati High Court may help you.
[2007] 008 VST 0314- - HLS Asia Ltd. Vs. State of Assam and others
To constitute a transaction a transfer of the right to use goods, the transaction must have the following attributes: (a) there must be goods available for delivery; (b) there must be a consensus ad idem as to the identity of the goods; (c) the transferee should have a legal right to use the goods; (d) for the period during which the transferee has such legal right, it has to be to the exclusion of the transferor; (e) during the period for which it is to be transferred, the owner cannot again transfer the same right to others. The judicially evolved principles to identify a transaction involving the transfer of right to use goods to be a sale clearly exclude the indispensability of delivery of physical possession thereof as an essential pre-condition.
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