Title : Goods Sent on Approval or "on Sale or Return"
State : Central
Year : 1930
When goods are delivered to the buyer on approval or "on sale or return" or other similar terms, the property therein passes to the buyer-- (a) when he signifies his approval or acceptance to the seller or does any other act adopting the transaction; (b) if he does not signify his approval or acceptance to the seller but retains the goods without giving notice of rejection, then, if a time has been fixed for the return of the goods, on the expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time. View Complete Act List Judgments citing this sectionTitle : Risk Prima Facie Passes with Property
State : Central
Year : 1930
Unless otherwise agreed, the goods remain at the seller's risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer, the goods are at the buyer's risk whether delivery has been made or not: Provided that, where delivery has been delayed through the fault of either buyer or seller, the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault: Provided also that nothing in this section shall affect the duties or liabilities of either seller or buyer as bailee of the goods of the other party. View Complete Act List Judgments citing this sectionTitle : Sale by Person in Possession Under Voidable Contract
State : Central
Year : 1930
When the seller of goods has obtained possession thereof under a contract voidable under section 19 or section 19A of the Indian Contract Act, 1872 (9 of 1872), but the contract has not been rescinded at the time of the sale, the buyer acquires a good title to the goods, provided he buys them in good faith and without notice of the seller's defect of title. View Complete Act List Judgments citing this sectionTitle : Payment and Delivery Are Concurrent Conditions
State : Central
Year : 1930
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. View Complete Act List Judgments citing this sectionTitle : Effect of Part Delivery
State : Central
Year : 1930
A delivery of part of goods, in progress of the delivery of the whole has the same effect, for the purpose of passing the property in such goods, as a delivery of the whole; but a delivery of part of the goods, with an intention of severing it from the whole, does not operate as a delivery of the remainder. View Complete Act List Judgments citing this sectionTitle : Risk Where Goods Are Delivered at Distant Place
State : Central
Year : 1930
Where the seller of goods agrees to deliver them at his own risk at a place other than that where they are when sold, the buyer shall, nevertheless, unless otherwise agreed, take any risk of deterioration in the goods necessarily incident to the course of transit. View Complete Act List Judgments citing this sectionTitle : Buyer's right of examining the goods
State : Central
Year : 1930
(1) Where goods are delivered to the buyer which he has not previously examined, he is not deemed to have accepted them unless and until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract. (2) Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound, on request, to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract. View Complete Act List Judgments citing this sectionTitle : Liability of Buyer for Neglecting or Refusing Delivery of Goods
State : Central
Year : 1930
When the seller is ready and willing to deliver the goods and requests the buyer to take delivery, and the buyer does not within a reasonable time after such request take delivery of the goods, he is liable to the seller for any loss occasioned by his neglect or refusal to take delivery and also for a reasonable charge for the care and custody of the goods: Provided that nothing in this section shall affect the rights of the seller where the neglect or refusal of the buyer to take delivery amounts to a repudiation of the contract. View Complete Act List Judgments citing this sectionTitle : In Contracts of Sale, Amount of Increased or Decreased Taxes to Be Added or Deducted
State : Central
Year : 1930
1[ 64 A, In contracts of sale, amount of increased or decreased taxes to be added or deducted ( 1 ) Unless a different intention appears from the terms of the contract, in the event of any tax of the nature described in sub -section ( 2 ) being imposed, increased, decreased or remitted in respect of any goods after the making of any contract for the sale or purchase of such goods without stipulation as to the payment of tax where tax was not chargeable at the time of the making of the contract, or for the sale or purchase of such goods tax-paid where tax was chargeable at that time,-- (a) if such imposition or increase so takes effect that the tax or increased tax, as the case may be, or any part of such tax is paid or is payable, the seller may add so much to the contract price as..... View Complete Act List Judgments citing this sectionTitle : Agreement to Sell at Valuation
State : Central
Year : 1930
(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. View Complete Act List Judgments citing this section