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Home Bare Acts Phrase: repudiationSale of Goods Act, 1930 Section 60
Title: Repudiation of Contract Before Due Date
State: Central
Year: 1930
Where either party to a contract of sale repudiates the contract before the date of delivery, the other may either treat the contract as subsisting and wait till the date of delivery, or he may treat the contract as rescinded and sue for damages for the breach.
View Complete Act List Judgments citing this sectionTHE CONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Complete Act
State: Central
Year: 1866
.....before the commencement of the suit. SECTION 13: FIRST INTERROGATION OF RESPONDENT The respondent, if such points be proved to the satisfaction of the Judge, shall thereupon be asked whether she or he refuses to cohabit with the petitioner, and, if so, what is the ground of such refusal. In ordinary cases such interrogation and every other interrogation prescribed by this Act shall be made by the Judge, but when the respondent is exempt by law from personal appearance in Court, or when the Judge shall, in his discretion, excuse the respondent from such appearance, the interrogations shall be made by Commissioners acting under such commission as hereinafter mentioned. SECTION 14: INTERROGATIONS BY JUDGE MAY BE PUBLIC OR PRIVATE Every interrogation mentioned in this Act and made by the Judge may, at the discretion of the Judge, take place in open court or in his private room. If any such interrogation takes place in open Court, the Judge may, so long as it shall continue, exclude from the Court all such persons as he shall think fit to exclude. SECTION 15: PROCEDURE WHEN FEMALE RESPONDENT REFUSES TO COHABIT WITH PETITIONER ADJOURNMENT FOR A YEAR . Interview If.....
List Judgments citing this sectionSale of Goods Act, 1930 Complete Act
State: Central
Year: 1930
.....the document to transfer or receive goods thereby represented; (5) "fault" means wrongful act or default; (6) "future goods" means goods to be manufactured or produced or acquired by the seller after the making of the contract of sale; (7) "goods" means every kind of movable property other than actionable claims and money; and includes stock and shares, growing crops, grass, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale; (8) a person is said to be "insolvent" who has ceased to pay his debts in the ordinary course of business, or cannot pay his debts as they become due, whether he has committed an act of insolvency or not; (9) "mercantile agent" means a mercantile agent having in the customary course of business as such agent authority either to sell goods, or to consign goods for the purposes of sale, or to buy goods, or to raise money on the security of goods; (10) "price" means the money consideration for a sale of goods; (11) "property" means the general property in goods, and not merely a special property; (12) "quality of goods" includes their state or condition; (13) "seller" means a.....
List Judgments citing this sectionIndian Contract Act, 1872 Chapter 10
Title: Agency
State: Central
Year: 1872
.....of the loan. Section 198 - Knowledge requisite for valid ratification No valid ratification can be made by a person whose knowledge of the facts of the case is materially defective. Section 199 - Effect of ratifying unauthorized act forming part of a transaction A person ratifying any unauthorized act done on his behalf ratifies the whole of the transaction of which such act formed a part. Section 200 - Ratification of unauthorized act cannot injure third person An act done by one person on behalf of another, without such other person's authority, which, if done with authority, would have the effect of subjecting a third person to damages, or of terminating any right or interest of a third person, cannot, by ratification, be made to have such effect. Illustration (a) A, not being authorized thereto by B, demands, on behalf of B, the delivery of a chattel, the property of B, from C, who is in possession of it. This demand cannot be ratified by B, so as to make C liable for damages for his refusal to deliver. (b) A holds a lease from B, terminable on three months' notice. C, an unauthorized person, gives notice of termination to A. The notice cannot be.....
View Complete Act List Judgments citing this sectionSale of Goods Act, 1930 Chapter II
Title: Formation of the Contract
State: Central
Year: 1930
.....in accordance with the foregoing provisions, the buyer shall pay the seller a reasonable price. What is a reasonable price is a question of fact dependent on the circumstances of each particular case. Section 10 - Agreement to sell at valuation (1) Where there is an agreement to sell goods on the terms that the price is to be fixed by the valuation of a third party and such third party cannot or does not make such valuation, the agreement is thereby avoided: Provided that, if the goods or any part thereof have been delivered to, and appropriated by, the buyer, he shall pay a reasonable price therefor. (2) Where such third party is prevented from making the valuation by the fault of the seller or buyer, the party not in fault may maintain a suit for damages against the party in fault. Section 11 to 17 - Conditions and Warranties Section 11 - Stipulations as to time Unless a different intention appears from the terms of the contract, stipulations as to time of payment are not deemed to be of the essence of a contract of sale. Whether any other stipulation as to time is of the essence of the contract or not depends on the terms of the contract. Section 12 -.....
View Complete Act List Judgments citing this sectionCONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Section 12
Title: Points to be proved on appearance of petitioner
State: Central
Year: 1866
On the day fixed in the citation the petitioner shall appear in Court, and the following points shall be proved:-- (1) the identity of the parties . (2) the marriage between the petitioner and the respondent . (3) that the male party to the suit has completed the age of sixteen years, and that the female party to the suit has completed the age of thirteen years . (4) the desertion or repudiation of the petitioner by the respondent . (5) that such desertion or repudiation was in consequence of the petitioner's change of religion . (6) and that such desertion or repudiation had continued for the six months immediately before the commencement of the suit.
View Complete Act List Judgments citing this sectionCONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Section 21
Title: Proof of marriage and desertion of petitioner in consequence of conversion
State: Central
Year: 1866
At any stage of a suit instituted under this Act, cohabitation as man and wife shall be sufficient presumptive evidence of the marriage of the parties, and proof of the respondent's refusal or voluntary neglect to cohabit with the petitioner, after his or her change of religion and after knowledge thereof by the respondent, shall be sufficient evidence of the respondent's desertion or repudiation of the petitioner, and shall also be sufficient evidence that such desertion or repudiation was in consequence of the petitioner's change of religion, unless some other sufficient cause for such desertion or repudiation be proved by the respondent.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 215
Title: Right of Principal when Agent Deals, on His Own Account, in Business of Agency Without Principal Consent
State: Central
Year: 1872
If an agent deals on his own account in the business of the agency, without first obtaining the consent of his principal and acquainting him with all material circumstances which have come to his own knowledge on the subject, the principal may repudiate the transaction, if the case shows either that any material fact has been dishonestly concealed from him by the agent, or that the dealings of the agent have been disadvantageous to him. Illustration (a) A directs B to sell A's estate. B buys the estate for himself in the name of C. A, on discovering that B has bought the estate for himself, may repudiate the sale, if he can show that B has dishonestly concealed any material fact, or that the sale has been disadvantageous to him. (b) A directs B to sell A's estate. B, on looking over the estate before selling it, finds a mine on the estate which is unknown to A. B informs A that he wishes to buy the estate for himself, but conceals the discovery of the mine. A allows B to buy in ignorance of the existence of the mine. A, on discovering that B knew of the mine at the time he bought the estate, may either repudiate or adopt the sale at his option.
View Complete Act List Judgments citing this sectionSale of Goods Act, 1930 Chapter IV
Title: Performance of the Contract
State: Central
Year: 1930
.....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, there is no delivery by seller to buyer unless and until such third person acknowledges to the buyer that he holds the goods on his behalf: Provided that nothing in this section shall affect the operation of the issue or transfer of any document of title to goods. (4) Demand or tender of delivery may be treated as ineffectual unless made at a reasonable hour. What is a reasonable hour is a question of fact. (5) Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state shall be borne by the seller. Section 37 - Delivery of wrong quantity (1) Where the seller delivers to the buyer a quantity of goods less than he contracted to sell, the buyer may reject them, but if the buyer accepts the goods.....
View Complete Act List Judgments citing this sectionCONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Section 16
Title: Procedure on expiration of adjournment
State: Central
Year: 1866
At the expiration of such adjournment the petitioner shall again appear in Court and shall prove that the said desertion or repudiation had continued up to the time last hereinbefore referred to, and if the points mentioned in section 12 and this section of this Act shall be proved to the satisfaction of the Judge, and if the respondent on being interrogated by the Judge or Commissioners, as the case may be, again refuse to cohabit with the petitioner, the respondent shall be taken to have finally deserted or repudiated the petitioner, (Interrogation of respondent.) Decree.- and the Judge shall, by a decree under his hand and sealed with the seal of his Court, declare that the marriage between the parties is dissolved.
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