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Home Bare Acts Phrase: implied conditionSale of Goods Act, 1930 Section 16
Title: Implied Conditions as to Quality or Fitness
State: Central
Year: 1930
.....are required, soas to showthat the buyer relies on the seller's skill or judgment, and the goods are of adescription which it is in the course of the seller's business to supply (whetherhe is the manufacturer or producer or not), there is an implied condition thatthe goods shallbe reasonably fit for such purpose: Providedthat, in the case of a contract for the sale of a specified article under itspatent or othertrade name, there is no implied condition as to its fitness for any particularpurpose. (2) Where goods are bought by description from aseller who deals in goods of that description (whether he is the manufactureror producer or not), there is an implied condition that the goodsshall be ofmerchantable quality: Providedthat, if the buyer has examined the goods, there shall be no implied condition as regards defectswhich such examination ought to have revealed. (3) An implied warranty or condition as to quality orfitness for a particular purpose may be annexed by the usage of trade. (4) An express warranty or condition does notnegative a warranty or condition implied by this Act unless inconsistenttherewith.
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Section 44
Title: Implied Conditions as to Commencement of Risk
State: Central
Year: 1963
(1) Where the subject-matter is insured by a voyage policy "at and from" or "from" a particular place, it is not necessary that the ship should be at that place when the contract is concluded, but there is an implied condition that the adventure shall be commenced within a reasonable time, and that if the adventure be not so commenced the insurer may avoid the contract. (2) The implied condition may be negatived by showing that the delay was caused by circumstances known to the insurer before the contract was concluded, or showing that he waived the condition.
View Complete Act List Judgments citing this sectionHire-purchase Act, 1972 [Repealed] Section 6
Title: Warranties and Conditions to Be Implied in Hire-purchase Agreements
State: Central
Year: 1972
.....and if the goods are let tinder the agreement by reference to a sample as well as by description, it shall not be sufficient mat the bulk of the goods correspond with the sample if the goods do not also correspond with the description. (6) An owner shall not be entitled to rely on any provision in a hire-purchase agreement excluding or modifying the condition set out in sub-section (3) unless he proves that before the agreement was made the provision was brought to the notice of the hirer and its effect made clear to him. (7) Nothing in this section shall prejudice the operation of any other enactment or rule of iaw whereby any condition or warranty is to be implied in any hire-purchase agreement.
View Complete Act List Judgments citing this sectionHire-purchase Act, 1972 [Repealed] Chapter III
Title: Warranties and Conditions, Limitation on Hire-purchase Charges and Passing of Property
State: Central
Year: 1972
.....was brought to the notice of the hirer and its effect made clear to him. (7) Nothing in this section shall prejudice the operation of any other enactment or rule of iaw whereby any condition or warranty is to be implied in any hire-purchase agreement. Section 7 - Limitation on hire-purchase charges (1) In this section, -- (a) "cash price instalment", in relation to a hire-purchase instalment, means an amount which bears to the net cash price the same proportion as the amount of the hire-purchase instalment bears to the total amount of hire-purchase price; (b) "deposit'" means any sum payable by the hirer under the hire-purchase agreement by way of deposit or other initial payment or credited or to be credited to him under the agreement on account of any such deposit or payment. whether that sum is to be or has been discharged by payment of money or by transfer or delivery of goods or by any other means; (c) "net cash price", in relation to goods comprised in a hire-purchase agreement, means the cash price of such goods as required to be specified in the hire-purchase agreement under clause (b) of sub-section (1) of section 4, less any deposit as defined in clause.....
View Complete Act List Judgments citing this sectionSale of Goods Act, 1930 Section 14
Title: Implied Undertaking as to Title, Etc.
State: Central
Year: 1930
In a contract of sale, unless the circumstances of the contract are such as to show a different intention there is-- (a) an implied condition on the part of the seller that, in the case of a sale, he has a right to sell the goods and that, in the case of an agreement to sell, he will have a right to sell the goods at the time when the property is to pass; (b) an implied warranty that the buyer shall have and enjoy quiet possession of the goods; (c) an implied warranty that the goods shall be free from any charge or encumbrance in favour of any third party not declared or known to the buyer before or at the time when the contract is made.
View Complete Act List Judgments citing this sectionComptroller and Auditor-generals (Duties, Powers and Conditions of Service), Act, 1971 Chapter II
Title: Salary and Other Conditions of Service of Service of the Comptroller and Auditor-general
State: Central
Year: 1971
.....(including commutation of pension), family pension and gratuity as areadmissible to a Judge of Supreme Court under the Supreme Court Judges Act andthe rules made thereunder, as amended from time to time".] 4 ["(6D) Notwithstanding anythingcontained in the foregoing provisions of this section, a person who demittedoffice [whether in any manner specified in sub-section (8) or by resignation]as the Comptroller and Auditor-General, at any time before the 16th day ofDecember, 1987, shall be entitled to the pension specified in sub-section (6C)on and from that date."] (7) If a person who demits office as the Comptroller andAuditor-General is not eligible to any pension under this section but iseligible to a pension under the rules for the time being applicable to theService to which he belonged immediately before he assumed office as theComptroller and Auditor-General, he shall, notwithstanding anything containedin this section be eligible to draw such pension as is admissible to him underthe said rules. (8) Exceptwhere he demits office by resignation, a person holding office of theComptroller and Auditor-General shall be deemed for the purposes of this Act,to have.....
View Complete Act List Judgments citing this sectionHigh Court Judges (Salaries and Conditions of Service) Act, 1954 Amending Act 1
Title: High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2005
State: Central
Year: 1954
.....as such judge under sub-clause (b) of clause (3) of article 124 of the Constitution.". 8. Amendment of section 16A In the Supreme Court Judges Act, in section 16A, in sub-section (1),-- (i) in clause (a),-- (A) after the words "family pension calculated at the rate of fifty per cent of his salary", the words "plus fifty per cent of his dearness pay" shall be inserted; (B) after the words "and thereafter at the rate of thirty per cent of his salary", the words "plus thirty per cent of his dearness pay" shall be inserted; (ii) in clause (b), after the words "family pension shall be thirty per cent of his salary", the words "plus thirty per cent of his dearness pay" shall be inserted. 9. Amendment of section 23 In section 23 of the Supreme Court Judges Act, in sub-section (1A), for the words "of ten thousand rupees", the words "equivalent to an amount of thirty per cent. of the salary plus thirty per cent of the dearness pay" shall be substituted. 10. Amendment of section 23B In section 23B of the Supreme Court Judges Act, for the words "four thousand" and "three thousand", the words "ten thousand" and "seven thousand five hundred" shall respectively be.....
View Complete Act List Judgments citing this sectionSupreme Court Judges (Salaries and Conditions of Service) Act, 1958 Section 23
Title: Facilities for Rent Free Houses and Other Conditions of Service
State: Central
Year: 1958
.....conditions of service of a Judge for which no express provision has been made in this Act shall be such as maybe determined by rules made under this Act. 3 [(4) Sub-section(1), (3) shall be deemed to have come into force on the 26th day of January,1950 and sub-section (1A) shall be deemed to have come into force on the 9thday of May, 1986 and any rule made under any of the said sub-sections may be made so as to be retrospective to any date not earlier than the commencement of the respective sub-section.] ________________________ 1. Inserted by Supreme Court Judges (Conditions of Service) Amendment Act (72 of 1983), S.2(26-12-1993). 2. Substituted for "three thousand rupees" by The Supreme Court and High CourtJudges (Conditions of Service) Amendment Act, 1998. (7 of 1999) w.e.f 08.01.1999.Again substituted vide The High Court and Supreme Court Judges (Salaries and Conditions of Service) Amdt Act, 2005 w.e.f 01.04.2004. 3. Substituted by Supreme Court Judges (Conditions of Service) Amendment Act (72 of 1983), S.2(26-12-1993). 4. Omitted by the High Court and Supreme Court Judges (Salaries and conditions of service) Amendment Act, 2009 Previous text was "plus thirty.....
View Complete Act List Judgments citing this sectionSupreme Court Judges (Salaries and Conditions of Service) Act, 1958 Amending Act 2
Title: High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2005
State: Central
Year: 1958
.....as such judge under sub-clause (b) of clause (3) of article 124 of the Constitution.". 8. Amendment of section 16A In the Supreme Court Judges Act, in section 16A, in sub-section (1),-- (i) in clause (a),-- (A) after the words "family pension calculated at the rate of fifty per cent of his salary", the words "plus fifty per cent of his dearness pay" shall be inserted; (B) after the words "and thereafter at the rate of thirty per cent of his salary", the words "plus thirty per cent of his dearness pay" shall be inserted; (ii) in clause (b), after the words "family pension shall be thirty per cent of his salary", the words "plus thirty per cent of his dearness pay" shall be inserted. 9. Amendment of section 23 In section 23 of the Supreme Court Judges Act, in sub-section (1A), for the words "of ten thousand rupees", the words "equivalent to an amount of thirty per cent. of the salary plus thirty per cent of the dearness pay" shall be substituted. 10. Amendment of section 23B In section 23B of the Supreme Court Judges Act, for the words "four thousand" and "three thousand", the words "ten thousand" and "seven thousand five hundred" shall respectively be.....
View Complete Act List Judgments citing this sectionFormer Secretary of State Service Officers (Conditions of Service) Act, 1972 Amending Act 1
Title: Former Secretary of State Service Officers (Conditions of Service) Amendment Act, 1975
State: Central
Year: 1972
.....8 In the Former Secretary of State Services Officers (Conditions of Service) Act, 1972 (59 of 1972) (hereinafter referred to as the principal Act), in section 8,- (a) in sub-section (1) , after clause (c), the following provisos and Explanations shall be inserted, and shall be deemed always to have been inserted, namely:- 'Provided that in relation to every former Secretary of State Service officer who, having been in service on the 1st day of February, 1921, and domiciled in India on that date, is entitled immediately before the appointed day to claim his pension computed in the rupee equivalent of the amount fixed in sterling at a rate of exchange of rupees fifteen to a pound sterling, clause (c) shall have effect as if for the words "thirteen and one-third", the word "fifteen" were substituted: Provided further that every former Secretary of State Service officer whose pension was expressed in sterling or in respect of whose pension a fixed sterling minimum was applicable, and who, immediately before the appointed day, is a foreigner having taken up permanent residence outside India, shall, so long as he continues to be a foreigner permanently residing outside.....
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