Bare Act Search Results
Home Bare Acts Phrase: impliedlyHire-purchase Act, 1972 [Repealed] Section 6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 sectionSale 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 sectionIndian Contract Act, 1872 Section 197
Title: Ratification May Be Expressed or Implied
State: Central
Year: 1872
Ratification may be expressed or may be implied in the conduct of the person on whose behalf the acts are done. Illustration (a) A, without authority, buys goods for B. Afterwards B sells them to C on his own account; B's conduct implies a ratification of the purchase made for him by A. (b) A, without B's authority, lends B's money to C. Afterwards B accepts interest on the money from C. B's conduct implies a ratification of the loan.
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 sectionIndian Partnership Act, 1932 Section 19
Title: Implied Authority of Partner as Agent of the Firm
State: Central
Year: 1932
(1) Subject to the provisions of section 22, the act of a partner which is done to carry on, in the usual way, business of the kind carried on by the firm, binds the firm. The authority of a partner to bind the firm conferred by this section is called his "implied authority". (2) In the absence of any usage or custom of trade to the contrary, the implied authority of a partner does not empower him toX (a) submit a dispute relating to the business of the firm to arbitration, (b) open a banking account on behalf of the firm in his own name, (c) compromise or relinquish any claim or portion of a claim by the firm, (d) withdraw a suit or proceeding filed on behalf of the firm, (e) admit any liability in a suit or proceeding against the firm, (f) acquire immovable property on behalf of the firm, (g) transfer immovable property belonging to the firm, or (h) enter into partnership on behalf of the firm.
View Complete Act List Judgments citing this sectionIndian Partnership Act, 1932 Section 20
Title: Extension and Restriction of Partners Implied Authority
State: Central
Year: 1932
The partners in a firm may, by contract between the partners, extend or restrict the implied authority of any partner. Notwithstanding any such restriction, any act done by a partner on behalf of the firm which falls within his implied authority binds the firm, unless the person with whom he is dealing knows of the restriction or does not know or believe that partner to be a partner.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 187
Title: Definitions of Express and Implied Authority
State: Central
Year: 1872
An authority is said to be express when it is given by words spoken or written. An authority is said to be implied when it is to be inferred from the circumstances of the case; and things spoken or written, or the ordinary course of dealing, may be accounted circumstances of the case. Illustration A owns a shop in Serampur, living himself in Calcutta, and visiting the shop occasionally. The shop is managed by B, and he is in the habit of ordering goods from C in the name of A for the purposes of the shop, and of paying for them out of A's funds with A's knowledge. B has an implied authority from A to order goods from C in the name of A for the purposes of the shop.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 207
Title: Revocation and Renunciation May Be Expressed or Implied
State: Central
Year: 1872
Revocation and renunciation may be expressed or may be implied in the conduct of that principal or agent respectively. Illustration A empowers B to let A's house. Afterwards A lets it himself. This is an implied revocation of B's authority.
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Section 42
Title: No Implied Warranty That Goods Are Seaworthy
State: Central
Year: 1963
(1) In a policy on goods or other moveable there is no implied warranty that the goods or movables are seaworthy. (2) In a voyage policy on goods or other movables there is an implied warranty that at the commencement of the voyage the ship is not only seaworthy as a ship, but also that she is reasonably fit to carry the goods or other movables to the destination contemplated by the policy.
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 section- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial