Title : 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 : 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 : Formation of the Contract
State : Central
Year : 1930
Contract of Sale (1) A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price. There may be a contract of sale between one part-owner and another. (2) A contract of sale may be absolute or conditional. (3) Where under a contract of sale the property in the goods is transferred from the seller to the buyer, the contract is called a sale, but where the transfer of the property in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled, the contract is called an agreement to sell. (4) An agreement to sell becomes a sale when the time elapses or the conditions are fulfilled subject to which the property in the goods is to be transferred. Section 5 -..... View Complete Act List Judgments citing this sectionTitle : 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 : Suits for Breach of the Contract
State : Central
Year : 1930
(1) Where under a contract of sale the property in the goods has passed to the buyer and the buyer wrongfully neglects or refuses to pay for the goods according to the terms of the contract, the seller may sue him for the price of the goods. (2) Where under a contract of sale the price is payable on a day certain irrespective of delivery and the buyer wrongfully neglects or refuses to pay such price, the seller may sue him for the price although the property in the goods has not passed and the goods have not been appropriated to the contract. Section 56 - Damages for non-acceptance Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may sue him for damages for non-acceptance. Section 57 - Damages for non-delivery Where the seller..... View Complete Act List Judgments citing this sectionTitle : Sale of Goods Act, 1930
State : Central
Year : 1930
Preamble1 - SALE OF GOODS ACT, 1930 Chapter I Section1 - Short title, extent and commencement Section2 - Definitions Section3 - Application of provisions of Act 9 of 1872 Chapter II Section4 - Sale 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 ..... List Judgments citing this sectionState : Central
Year : 1930
SALE OF GOODS ACT, 1930 SALE OF GOODS ACT, 1930 3 of 1930 An Act to define and amend the law relating to the sale of goods Whereas it is expedient to define and amend the law relating to the sale of goods; it is hereby enacted as follows:- CHAPTER 1 PRELIMINARY Section 1 Short title, extent and commencement (1) This Act may be called the Sale of Goods Act, 1930. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on the first day of July, 1930. 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..... 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 : Miscellaneous
State : Central
Year : 1930
Where any right, duty or liability would arise under a contract of sale by implication of law, it may be negatived or varied by express agreement or by the course of dealing between the parties, or by usage, if the usage is such as to bind both parties to the contract. Section 63 - Reasonable time a question of fact Where in this Act any reference is made to a reasonable time, the question what is a reasonable time is a question of fact. Section 64 - Auction sale In the case of sale by auction-- (1) where goods are put up for sale in lots, each lot is prima facie deemed to be the subject of a separate contract of sale; (2) the sale is complete when the auctioneer announces its completion by the fall of the hammer or in other customary manner; and, until such announcement is..... View Complete Act List Judgments citing this sectionTitle : Sale of Goods Act, 1930
State : Central
Year : 1930
THE SALE OF GOODS ACT, 1930 [Act, No. 3 of 1930 ]1 [ 15 th March, 1930 ] PREAMBLE An Act to define and amend the law relating to the sale of goods. whereas it is expedient to define and amend the law relating to the sale of goods; It is hereby enacted as follows:-- _____________________ 1. For Statement of Objects and Reasons and for Report of Special Committee, see Gazette of India, 1929 , Pt. V, p. 163 ; for Report of Select Committee, see Gazette of India, 1930 , Ft. V . p . 1 . The Act has been extended to B erar by Act 4 of 1941 , to Dadra and Nagar Haveli by Reg. 6 of 1963 , sec. 2 and Sch. I (w .e.f . 1 - 7 - 1965 ); to Goa, Daman and Diu by Reg. 11 of 1963 , sec. 3 and Sch.; to Pondicherry by the Pondicherry (Extension of Laws) Act, 1968 , sec. 3 and Sch.; and to..... View Complete Act List Judgments citing this section