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Start Free TrialSale of Goods Act, 1930 Section 50
Title: Right of Stoppage in Transit
State: Central
Year: 1930
Subject to the provisions of this Act, when the buyer of goods becomes insolvent, the unpaid seller who has parted with the possession of the goods has the right of stopping them in transit, that is to say, he may resume possession of the goods as long as they are in the course of transit, and may retain them until payment or tender of the price.
View Complete Act List Judgments citing this sectionSale of Goods Act, 1930 Section 49
Title: Termination of Lien
State: Central
Year: 1930
(1) The unpaid seller of goods loses his lien thereon-- (a) when he delivers the goods to a carrier or other bailee for the purpose of transmission to the buyer without reserving the right of disposal of the goods; (b) when the buyer or his agent lawfully obtains possession of the goods; (c) by waiver thereof. (2) The unpaid seller of goods, having a lien thereon, does not lose his lien by reason only that he has obtained a decree for the price of the goods.
View Complete Act List Judgments citing this sectionSale of Goods Act, 1930 Section 34
Title: 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 sectionSale of Goods Act, 1930 Section 35
Title: Buyer to Apply for Delivery
State: Central
Year: 1930
Apart from any express contract, the seller of goods is not bound to deliver them until the buyer applies for delivery.
View Complete Act List Judgments citing this sectionSale of Goods Act, 1930 Section 38
Title: Instalment Deliveries
State: Central
Year: 1930
(1) Unless otherwise agreed, the buyer of goods is not bound to accept delivery thereof by instalments. (2) Where there is a contract for the sale of goods to be delivered by stated instalments which are to be separately paid for, and the seller makes no delivery or defective delivery in respect of one or more instalments, or the buyer neglects or refuses to take delivery of or pay for one or more instalments, it is a question in each case depending on the terms of the contract and the circumstances of the case, whether the breach of contract is a repudiation of the whole contract, or whether it is a severable breach giving rise to a claim for compensation, but not to a right to treat the whole contract as repudiated.
View Complete Act List Judgments citing this sectionSale of Goods Act, 1930 Section 39
Title: Delivery to Carrier of Wharfinger
State: Central
Year: 1930
(1) Where, in pursuance of a contract of sale, the seller is authorised or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer, or delivery of the goods to a wharfinger for safe custody, is prima facie deemed to be a delivery of the goods to the buyer. (2) Unless otherwise authorised by the buyer, the seller shall make such contract with the carrier or wharfinger on behalf of the buyer as may be reasonable having regard to the nature of the goods and the other circumstances of the case. If the seller omits so to do, and the goods are lost or damaged in course of transit or whilst in the custody of the wharfinger, the buyer may decline to treat the delivery to the carrier or wharfinger, as a delivery to himself, or may hold the seller responsible in damages. (3) Unless otherwise agreed, where goods are sent by the seller to the buyer by a route involving sea transit, in circumstances in which it is usual to insure, the seller shall give such notice to the buyer as may enable him to insure them during their sea transit and if the seller fails so to do, the goods shall be.....
View Complete Act List Judgments citing this sectionSale of Goods Act, 1930 Section 40
Title: 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 sectionSALE OF GOODS ACT, 1930 Section 41
Title: 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 sectionSale of Goods Act, 1930 Section 42
Title: Acceptance
State: Central
Year: 1930
The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller, or when, after the lapse of a reasonable time, he retains the goods without intimating to the seller that he has rejected them.
View Complete Act List Judgments citing this sectionSale of Goods Act, 1930 Section 43
Title: Buyer Not Bound to Return Rejected Goods
State: Central
Year: 1930
Unless otherwise agreed, where goods are delivered to the buyer and he refuses to accept them, having the right so to do, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them.
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