Title : Rights of Unpaid Seller Against the Goods
State : Central
Year : 1930
(1) The seller of goods is deemed to be an "unpaid seller" within the meaning of this Act-- (a) when the whole of the price has not been paid or tendered; (b) when a bill of exchange or other negotiable instrument has been received as conditional payment, and the condition on which it was received has not been fulfilled by reason of the dishonour of the instrument or otherwise. (2) In this Chapter, the term "seller" includes any person who is in the position of a seller, as, for instance, an agent of the seller to whom the bill of lading has been endorsed, or a consignor or agent who has himself paid, or is directly responsible for, the price. Section 46 - Unpaid seller's rights (1) Subject to the provisions of this Act and of any law for the time being in force,..... View Complete Act List Judgments citing this sectionTitle : Preliminary
State : Central
Year : 1930
(1) This Act may be called the 1 [***] Sale of Goods Act, 1930. 2 [(2) It extends to the whole of India 3 [except the State of Jammu and Kashmir].] (3) It shall come into force on the 1st day of July, 1930. _____________________ 1. The word "Indian" omitted by Act 33 of 1963, sec. 2 (w.e.f. 22-9-1963). 2. Substituted by the A.O. 1950, for sub-section (2). 3. Substituted by Act 3 of 1951, sec. 3 and Sch., for "except Part B States." Section 2 - Definitions In this Act, unless there is anything repugnant in the subject or context,-- (1 ) "buyer" means a person who buys or agrees to buy goods; (2 ) "delivery" means voluntary transfer of possession from one person to another; (3 ) goods are said to be in a "deliverable state" when they are in such state that the buyer..... View Complete Act List Judgments citing this sectionTitle : Definitions
State : Central
Year : 1930
In this Act, unless there is anything repugnant in the subject or context,-- (1 ) "buyer" means a person who buys or agrees to buy goods; (2 ) "delivery" means voluntary transfer of possession from one person to another; (3 ) goods are said to be in a "deliverable state" when they are in such state that the buyer would under the contract be bound to take delivery of them; (4 ) "document of title to goods" includes a bill of lading, dock-warrant, warehouse keeper's certificate, wharfingers' certificate, railway receipt, 1 [multimode transport document,] warrant or order for the delivery of goods and any other document used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by endorsement or by..... View Complete Act List Judgments citing this sectionTitle : Effect of Sub-sale or Pledge by Buyer
State : Central
Year : 1930
(1) Subject to the provisions of this Act, the unpaid seller's right of lien or stoppage in transit is not affected by any sale or other disposition of the goods which the buyer may have made, unless the seller has assented thereto: Provided that where a document of title to goods has been issued, or lawfully transferred to any person as buyer or owner of the goods, and that person transfers the document to a person who takes the document in good faith and for consideration, then, if such last mentioned transfer was by way of sale, the unpaid seller's right of lien or stoppage in transit is defeated, and, if such last mentioned transfer was by way of pledge or other disposition for value, the unpaid seller's right of lien or stoppage in transit can only be exercised subject to the..... View Complete Act List Judgments citing this sectionTitle : Performance of the Contract
State : Central
Year : 1930
It is the duty of the seller to deliver the goods and of the buyer to accept and pay for them, in accordance with the terms of the contract of sale. Section 32 - Payment and delivery are concurrent conditions Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions, that is to say, the seller shall be ready and willing to give possession of the goods to the buyer in exchange for the price, and the buyer shall be ready and willing to pay the price in exchange for possession of the goods. Section 33 - Delivery Delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorised to hold them on his..... View Complete Act List Judgments citing this sectionTitle : Rules as to Delivery
State : Central
Year : 1930
(1) Whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question depending in each case on the contract, express or implied, between the parties. Apart from any such contract, goods sold are to be delivered at the place at which they are at the time of the sale, and goods agreed to be sold are to be delivered at the place at which they are at the time of the agreement to sell or if not then in existence, at the place at which they are manufactured or produced. (2) Where under the contract of sale the seller is bound to send the goods to the buyer, but no time for sending them is fixed, the seller is bound to send them within a reasonable time. (3) Where the goods at the time of sale are in the possession of a third person,..... View Complete Act List Judgments citing this sectionTitle : Effects of the Contract
State : Central
Year : 1930
Where there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained. Section 19 - Property passes when intended to pass (1) Where there is a contract for the sale of specific or ascertained goods the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred. (2) For the purpose of ascertaining the intention of the parties regard shall be had to the terms of the contract, the conduct of the parties and the circumstances of the case. (3) Unless a different intention appears, the rules contained in sections 20 to 24 are rules for ascertaining the intention of the parties as to the time at which the property in the goods is to pass to..... View Complete Act List Judgments citing this sectionTitle : Seller or Buyer in Possession After Sale
State : Central
Year : 1930
(1) Where a person, having sold goods, continues or is in possession of the goods or of the documents of title to the goods, the delivery or transfer by that person or by a mercantile agent acting for him of the goods or documents of title under any sale, pledge or other disposition thereof to any person receiving the same in good faith and without notice of the previous sale shall have the same effect as if the person making the delivery or transfer were expressly authorised by the owner of the goods to make the same. (2) Where a person, having bought or agreed to buy goods, obtains with the consent of the seller, possession of the goods or the documents of title to the goods, the delivery or transfer by that person or by a mercantile agent acting for him, of the goods or documents..... View Complete Act List Judgments citing this sectionTitle : Sale by Person Not the Owner
State : Central
Year : 1930
Subject to the provisions of this Act and of any other law for the time being in force, where goods are sold by a person who is not the owner thereof and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller's authority to sell: Provided that, where a mercantile agent is, with the consent of the owner, in possession of the goods or of a document of title to the goods, any sale made by him, when acting in the ordinary course of business of a mercantile agent, shall be as valid as if he were expressly authorised by the owner of the goods to make the same; provided that the buyer acts in good faith and has not at the..... View Complete Act List Judgments citing this sectionTitle : Business Which the Bank May Transact
State : Central
Year : 1934
The Bank shall be authorised to carry on and transact the several kinds of business hereinafter specified, namely:- (1) the accepting of money on deposit without interest from, and the collection of money for, 1 [***] the 2 [Central Government]. 3 [4 [***] the 5 [State] Government] 6 [***] 7 [***]local authorities, banks and any other persons: (2)(a) the purchase, sale and rediscount of bills of exchange and promissory notes, 8 [drawn on 9 [and payable in India]] and arising out of bona fide commercial or trade transaction bearing two or more good signatures, one of which shall be that of a scheduled bank 10 [or a State co-operative bank] 11 [or any financial institution, which is predominantly engaged in the acceptance or discounting of bills of exchange and promissory notes and..... View Complete Act List Judgments citing this section