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Start Free TrialSale of Goods Act, 1930 Chapter V
Title: Rights of Unpaid Seller Against the Goods
State: Central
Year: 1930
.....and available against the buyer. Section 54 - Sale not generally rescinded by lien or stoppage in transit (1) Subject to the provisions of this section, a contract of sale is not rescinded by the mere exercise by an unpaid seller of his right of lien or stoppage in transit. (2) Where the goods are of a perishable nature, or where the unpaid seller who has exercised his right of lien or stoppage in transit gives notice to the buyer of his intention to re-sell, the unpaid seller may, if the buyer does not within a reasonable time pay or tender the price, re-sell the goods within a reasonable time and recover from the original buyer damages for any loss occasioned by his breach of contract, but the buyer shall not be entitled to any profit which may occur on the re-sale. If such notice is not given, the unpaid seller shall not be entitled to recover such damages and the buyer shall be entitled to the profit, if any, on the re-sale. (3) Where an unpaid seller who has exercised his right of lien or stoppage in transit re-sells the goods, the buyer acquires a good title thereto as against the original buyer, notwithstanding that no notice of the re-sale has been given to the.....
View Complete Act List Judgments citing this sectionSale of Goods Act, 1930 Complete Act
Title: Sale of Goods Act, 1930
State: Central
Year: 1930
.....and agreement to sell Section5 - Contract of sale how made Section6 - Existing or future goods Section7 - Goods perishing before making of contract Section8 - Goods perishing before sale but after agreement to sell Section9 - Ascertainment of price Section10 - Agreement to sell at valuation Section11 - Stipulations as to time Section12 - Condition and warranty Section13 - When condition to be treated as warranty Section14 - Implied undertaking as to title, etc. Section15 - Sale by description Section16 - Implied conditions as to quality or fitness Section17 - Sale by sample Chapter III Section18 - Goods must be ascertained Section19 - Property passes when intended to pass Section20 - Specific goods in a deliverable state Section21 - Specific goods to be put into a deliverable state Section22 - Specific goods in a deliverable state, when the seller has to do anything thereto in order to ascertain price Section23 - Sale of unascertained goods and appropriation Section24 - Goods sent on approval or "on sale or return" Section25 - Reservation of right of disposal Section26 - Risk prima facie passes with property Section27 - Sale by person not the owner .....
List Judgments citing this sectionGeographical Indications of Goods (Registration and Protection) Act, 1999 Section 8
Title: Registration to Be in Respect of Particular Goods and Area
State: Central
Year: 1999
(1) A geographical indication may be registered in respect of any or all of the goods, comprised in such class of goods as may be classified by the Registrar and in respect of a definite territory of a country, or a region or locality in that territory, as the case may be. (2) The Registrar shall classify the goods under sub-section (1), as far as may be, in accordance with the International classification of goods for the purposes of registration of Geographical indications. (3) The Registrar may publish in the prescribed manner an alphabetical index of classification of goods referred to in sub-section (2). (4) Any question arising as to the class within which any goods fall or the definite area as referred to in sub-section (1) in respect of which the geographical indication is to be registered or where any goods are not specified in the alphabetical index of goods published under sub-section (3) shall be determined by the Registrar whose decision in the matter shall be final.
View Complete Act List Judgments citing this sectionMultimodal Transportation of Goods Act, 1993 Section 20
Title: Notice of Loss of or Damage to Goods
State: Central
Year: 1993
(1) The delivery of the consignment to the consignee by the multimodal transport operator shall be treated as prima facie evidence of delivery of the goods as described in the multimodal transport document unless notice of the general nature of loss of, or damage to, the goods is given, in writing, by the consignee to the multimodal transport operator at the time of handing over of the goods to the consignee. (2) Where the loss or damage is not apparent, the provisions of sub-section (1) shall apply unless notice in writing is given by the consignee of the loss of, or damage to, the goods within six consecutive days after the day when the goods were handed over to the consignee. 1[Period of responsibility "20A. The responsibility of the multimodal transport operator for the goods under this Act shall cover the period from the time he has taken the goods in his charge to the time of their delivery.] ___________________ 1. Inserted by The Multimodal Transportation Of Goods (Amendment) Act, 2000 (Act No. 44 of 2000) w.e.f. 05.12.2000.
View Complete Act List Judgments citing this sectionMultimodal Transportation of Goods Act, 1993 Section 21
Title: Special Provision for Dangerous Goods
State: Central
Year: 1993
(1) Where the consignor hands over the prescribed dangerous goods to a multimodal transport operator or any person acting on behalf of such operator, the consignor shall inform him of the nature of the dangerous goods and, if necessary, the precautions to be taken while transporting such goods. (2) Where the consignor fails to inform the multimodal transport operator or the other person acting on behalf of such operator of the nature of the dangerous goods and such operator or person does not otherwise have knowledge of the dangerous goods-- (a) the consignor shall be liable to the multimodal transport operator or the other person acting on behalf of such operator for all loss resulting from the multimodal transportation of such goods; and (b) the goods may at any time be unloaded, destroyed or rendered innocuous, as the circumstances may require, without payment of compensation.
View Complete Act List Judgments citing this sectionSale of Goods Act, 1930 Section 6
Title: Existing or Future Goods
State: Central
Year: 1930
(1) The goods which form the subject of a contract of sale may be either existing goods, owned or possessed by the seller, or future goods. (2) There may be a contract for the sale of goods the acquisition of which by the seller depends upon a contingency which may or may not happen. (3) Where by a contract of sale the seller purports to effect a present sale of future goods, the contract operates as an agreement to sell the goods.
View Complete Act List Judgments citing this sectionMultimodal Transportation of Goods Act, 1993 Complete Act
Title: Multimodal Transportation of Goods Act, 1993
State: Central
Year: 1993
.....transport operator to limit liability Section19 - Limit of liability of multimodal transport operator for total loss of goods Section20 - Notice of loss of or damage to goods Chapter 5 Section21 - Special provision for dangerous goods Section22 - Right of multimodal transport operator to have lien on goods and documents Section23 - General average Section24 - Limitation on action Section25 - Jurisdiction for instituting action Section26 - Arbitration Section27 - Delegation of power Section28 - Multimodal transport contract to be made in accordance with this Act Section29 - Act to override other enactments Section30 - Power to make rules Section31 - Amendment of certain enactments Section32 - Repeal and savings Schedule1 - THE SCHEDULE
List Judgments citing this sectionSale of Goods Act, 1930 Section 23
Title: Sale of Unascertained Goods and Appropriation
State: Central
Year: 1930
(1) Where there is a contract for the sale of unascertained or future goods by description and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer. Such assent may be express or implied, and may be given either before or after the appropriation is made. (2) Delivery to carrier.--Where, in pursuance of the contract, the seller delivers the goods to the buyer or to a carrier or other bailee (whether named by the buyer or not) for the purpose of transmission to the buyer, and does not reserve the right of disposal, he is deemed to have unconditionally appropriated the goods to the contract.
View Complete Act List Judgments citing this sectionGeographical Indications of Goods (Registration and Protection) Act, 1999 Section 30
Title: Adaptation of Entries in Register to Amend or Substitute Classification of Goods
State: Central
Year: 1999
(1) The Registrar shall not make any amendment of the register which would have the effect of adding any goods or classes of goods to those in respect of which a geographical indication is registered (whether in one or more classes) immediately before the amendment is to be made or antedating the registration or a geographical indication in respect of any goods: Provided that this sub-section, shall not apply when the Registrar is satisfied that compliance therewith would involve complexity and that the addition or antedating, as the case may be, would not affect any substantial quantity of goods and would not substantially prejudice the rights of any person. (2) A proposal so to amend the register shall be brought to the notice of the registered proprietor and every authorised user of the geographical indication affected and advertised in the prescribed manner, and may be opposed before the Registrar by any person aggrieved on the ground that the proposed amendment contravenes the provisions of sub-section (1)
View Complete Act List Judgments citing this sectionGeographical Indications of Goods (Registration and Protection) Act, 1999 Section 40
Title: Penalty for Selling Goods to Which False Geographical Indication is Applied
State: Central
Year: 1999
.....section 71 to have applied to them an indication of the country or place in which they were made or produced or the name and address of the manufacturer, or person for whom the goods are manufactured or without the indications so required, shall, unless he proves, (a) that, having taken all reasonable precautions against committing an offence against this section, he had at the time of commission of the alleged offence no reason to suspect the genuineness of the geographical indication or that any offence had been committed in respect of the goods; or (b) that, on demand by or on behalf of the prosecutor, he gave all the information in this power with respect to the person from whom he obtained such goods or things; or (c) that otherwise he had acted innocently, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less.....
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