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Start Free TrialSale of Goods Act, 1930 Chapter V
Title: Rights of Unpaid Seller Against the Goods
State: Central
Year: 1930
.....and available against the buyer. Section 54 - Sale not generally rescinded by lien or stoppage in transit (1) Subject to the provisions of this section, a contract of sale is not rescinded by the mere exercise by an unpaid seller of his right of lien or stoppage in transit. (2) Where the goods are of a perishable nature, or where the unpaid seller who has exercised his right of lien or stoppage in transit gives notice to the buyer of his intention to re-sell, the unpaid seller may, if the buyer does not within a reasonable time pay or tender the price, re-sell the goods within a reasonable time and recover from the original buyer damages for any loss occasioned by his breach of contract, but the buyer shall not be entitled to any profit which may occur on the re-sale. If such notice is not given, the unpaid seller shall not be entitled to recover such damages and the buyer shall be entitled to the profit, if any, on the re-sale. (3) Where an unpaid seller who has exercised his right of lien or stoppage in transit re-sells the goods, the buyer acquires a good title thereto as against the original buyer, notwithstanding that no notice of the re-sale has been given to the.....
View Complete Act List Judgments citing this sectionTHE KERALA STATE LOTTERY AGENTS' AND SELLERS' WELFARE FUND ACT, 2008 Complete Act
State: Kerala
Year: 2008
.....KERALA STATE LOTTERY AGENTS' AND SELLERS' WELFARE FUND ACT, 2008 ACT 2 OF 2009 THE KERALA STATE LOTTERY AGENTS' AND SELLERS' WELFARE FUND ACT, 2008 An Act to provide for the constitution of a Fund for promoting the welfare of and to grant relief to the Paper Lottery Agents and to the Paper Lottery Sellers of the Government of Kerala in the State of Kerala and for other matters connected therewith or incidental thereto. Preamble. - WHEREAS, it is expedient to provide for the constitution of a Fund for promoting the welfare of and to grant relief to the Paper Lottery Agents and to the Paper Lottery Sellers of the Government of Kerala in the State of Kerala and other matters connected therewith or incidental thereto; BE it enacted in the Fifty-ninth Year of the Republic of India as follows:- 1. Short title and commencement.- (1)This Act may be called the Kerala State Lottery Agents' and Sellers' Welfare Fund Act, 2008; (2) It shall be deemed to have come into force on the 12th day of July, 2008. 2. Definitions.- In this Act unless the context otherwise requires. - (a) "Board" means the Kerala State Lottery Agents' and Sellers' Welfare Fund Board constituted.....
List Judgments citing this sectionTransfer of Property Act, 1882 Section 55
Title: Rights and Liabilities of Buyer and Seller
State: Central
Year: 1882
.....on such amount or part1[from the date on which possession has been delivered]. (5) The buyer is bound- (a) to disclose to the seller any fact as to the nature or extent of the seller's interest in the property of which the buyer is aware, but of which he has reason to believe that the seller is not aware, and which materially increases the value of such interest; (b) to pay or tender, at the time and place of completing the sale, the purchase-money to the seller or such person as he directs: provided that, where the property is sold free from encumbrances, the buyer may retain out of the purchase-money the amount of any encumbrances on the property existing at the date of the sale, and shall pay the amount so retained to the persons entitled thereto; (c) where the ownership of the property has passed to the buyer, to bear any loss arising from the destruction, injury or decrease in value of the property not caused by the seller; (d) where the ownership of the property has passed to the buyer, as between himself and the seller, to pay all public charges and rent which may become payable in respect of the property, the principal moneys due on any encumbrances.....
View Complete Act List Judgments citing this sectionSale of Goods Act, 1930 Section 45
Title: "unpaid Seller" Defined
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.
View Complete Act List Judgments citing this sectionSale of Goods Act, 1930 Section 30
Title: Seller or Buyer in Possession After Sale
State: Central
Year: 1930
(1) Where a person, having sold goods, continues or is in possession of the goods or of the documents of title to the goods, the delivery or transfer by that person or by a mercantile agent acting for him of the goods or documents of title under any sale, pledge or other disposition thereof to any person receiving the same in good faith and without notice of the previous sale shall have the same effect as if the person making the delivery or transfer were expressly authorised by the owner of the goods to make the same. (2) Where a person, having bought or agreed to buy goods, obtains with the consent of the seller, possession of the goods or the documents of title to the goods, the delivery or transfer by that person or by a mercantile agent acting for him, of the goods or documents of title under any sale, pledge or other disposition thereof to any person receiving the same in good faith and without notice of any lien or other right of the original seller in respect of the goods shall have effect as if such lien or right did not exist.
View Complete Act List Judgments citing this sectionSALE OF GOODS ACT, 1930 Section 46
Title: Unpaid seller's rights
State: Central
Year: 1930
(1) Subject to the provisions of this Act and of any law for the time being in force, notwithstanding that the property in the goods may have passed to the buyer, the unpaid seller of goods, as such, has by implication of law-- (a) a lien on the goods for the price while he is in possession of them; (b) in case of the insolvency of the buyer a right of stopping the goods in transit after he has parted with the possession of them; (c) a right of re-sale as limited by this Act. (2) Where the property in goods has not passed to the buyer, the unpaid seller has, in addition to his other remedies, a right of withholding delivery similar to and co-extensive with his rights of lien and stoppage in transit where the property has passed to the buyer.
View Complete Act List Judgments citing this sectionSALE OF GOODS ACT, 1930 Section 47
Title: Seller's lien
State: Central
Year: 1930
(1) Subject to the provisions of this Act, the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or tender of the price in the following cases, namely:-- (a) where the goods have been sold without any stipulation as to credit; (b) where the goods have been sold on credit, but the term of credit has expired; (c) where the buyer becomes insolvent. (2) The seller may exercise his right of lien notwithstanding that he is in possession of the goods as agent or bailee for the buyer.
View Complete Act List Judgments citing this sectionFood Safety and Standards Act, 2006 Section 27
Title: Liability of Manufacturers, Packers, Wholesalers, Distributors and Sellers
State: Central
Year: 2006
(1) The manufacturer or packer of an article of food shall be liable for such article of food if it does not meet the requirements of this Act and the rules and regulations made thereunder, (2) The wholesaler or distributor shall be liable under this Act for any article of food which is-- (a) supplied after the date of its expiry; or (b) stored or supplied in violation of the safety instructions of the manufacturer; or (c) unsafe or misbranded; or (d) unidentifiable of manufacturer from whom the article of food have been received; or (e) stored or handled or kept in violation of the provisions of this Act, the rules and regulations made thereunder; or (f) received by him with knowledge of being unsafe. (3) The seller shall be liable under this Act for any article of food which is-- (a) sold after the date of its expiry; or (b) handled or kept in unhygienic conditions; or (c ) misbranded; or (d) unidentifiable of the manufacturer or the distributes from whom such articles of food were received; or (e) received by him with knowledge of being unsafe.
View Complete Act List Judgments citing this sectionSale of Goods Act, 1930 Section 22
Title: Specific Goods in a Deliverable State, when the Seller Has to Do Anything Thereto in Order to Ascertain Price
State: Central
Year: 1930
Where there is a contract for the sale of specific goods in a deliverable state, but the seller is bound to weigh, measure, test or do some other act or thing with reference to the goods for the purpose of ascertaining the price, the property does not pass until such act or thing is done and the buyer has notice thereof.
View Complete Act List Judgments citing this sectionSale of Goods Act, 1930 Section 31
Title: Duties of Seller and Buyer
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.
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