Title : 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 : 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 : Sale and Agreement to Sell
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. View Complete Act List Judgments citing this sectionTitle : Contract of Sale How Made
State : Central
Year : 1930
Formalities of the contract (1) A contract of sale is made by an offer to buy or sell goods for a price and the acceptance of such offer. The contract may provide for the immediate delivery of the goods or immediate payment of the price or both, or for the delivery or payment by instalments, or that the delivery or payment or both shall be postponed. (2) Subject to the provisions of any law for the time being in force, a contract of sale may be made in writing or by word of mouth, or partly in writing and partly by word of mouth or may be implied from the conduct of the parties. View Complete Act List Judgments citing this sectionTitle : Existing or Future Goods
State : Central
Year : 1930
(1) The goods which form the subject of a contract of sale may be either existing goods, owned or possessed by the seller, or future goods. (2) There may be a contract for the sale of goods the acquisition of which by the seller depends upon a contingency which may or may not happen. (3) Where by a contract of sale the seller purports to effect a present sale of future goods, the contract operates as an agreement to sell the goods. View Complete Act List Judgments citing this sectionTitle : Sale by Description
State : Central
Year : 1930
Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description; and, if the sale is by sample as well as by description, it is not sufficient that the bulk of the goods correspond with the sample if the goods do not also correspond with the description. View Complete Act List Judgments citing this sectionTitle : Sale of Unascertained Goods and Appropriation
State : Central
Year : 1930
(1) Where there is a contract for the sale of unascertained or future goods by description and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer. Such assent may be express or implied, and may be given either before or after the appropriation is made. (2) Delivery to carrier.--Where, in pursuance of the contract, the seller delivers the goods to the buyer or to a carrier or other bailee (whether named by the buyer or not) for the purpose of transmission to the buyer, and does not reserve the right of disposal, he is deemed to have unconditionally appropriated the goods to the..... View Complete Act List Judgments citing this sectionTitle : Suit for Price
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. View Complete Act List Judgments citing this sectionTitle : Auction Sale
State : Central
Year : 1930
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 made, any bidder may retract his bid; (3) a right to bid may be reserved expressly by or on behalf of the seller and, where such right is expressly so reserved, but not otherwise, the seller or any one person on his behalf may, subject to the provisions hereinafter contained, bid at the auction; (4) where the sale is not notified to be subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ any person to bid..... View Complete Act List Judgments citing this section