Bare Act Search Results

Sale 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.....

Indian Contract Act, 1872 Section 171

Title: General Lien of Bankers, Factors, Wharfingers, Attorneys and Policy-brokers

State: Central

Year: 1872

Bankers, factors, wharfingers, attorneys of a High Court and policy-brokers may, in the absence of a contract to the contrary, retain as a security for a general balance of account, any goods bailed to them; but no other persons have a right to retain, as a security for such balance, goods bailed to them, unless there is an express contract to that effect.1 _______________________ 1. As to lien of an agent, see section 221 infra. As to lien of a Railway Administration, see the Indian Railways Act 1890 (9 of 1890), section 55. [Ed. The Indian Railways Act, 1990 (9 of 1890) has been repealed by the Railways Act, 1989 (24 of 1989) Sec. 200. Now see the Railways Act 1989 (24 of 1989, section 83.]

Sale of Goods Act, 1930 Complete Act

State: Central

Year: 1930

.....identified and agreed upon at the time a contract of sale is made; and (15) expressions used but not defined in this Act and defined in the Contract Act, 1872, have the meanings assigned to them in that Act. Section 3 Application of provisions of Act 9 of 1872 The unrepealed provisions of the Contract Act, 1872, save insofar as they are inconsistent with the express provisions of this Act, shall continue to apply to contracts for the sale of goods. CHAPTER 2 FORMATION OF THE CONTRACT Section 4 Sale and agreement to sell (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.....

Sale of Goods Act, 1930 Chapter IV

Title: Performance of the Contract

State: Central

Year: 1930

.....to be delivered at the place at which they are at the time of the agreement to sell or if not then in existence, at the place at which they are manufactured or produced. (2) Where under the contract of sale the seller is bound to send the goods to the buyer, but no time for sending them is fixed, the seller is bound to send them within a reasonable time. (3) Where the goods at the time of sale are in the possession of a third person, there is no delivery by seller to buyer unless and until such third person acknowledges to the buyer that he holds the goods on his behalf: Provided that nothing in this section shall affect the operation of the issue or transfer of any document of title to goods. (4) Demand or tender of delivery may be treated as ineffectual unless made at a reasonable hour. What is a reasonable hour is a question of fact. (5) Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state shall be borne by the seller. Section 37 - Delivery of wrong quantity (1) Where the seller delivers to the buyer a quantity of goods less than he contracted to sell, the buyer may reject them, but if the buyer accepts the goods.....

Code of Criminal Procedure, 1973 Chapter 24

Title: General Provisions as to Inquiries and Trials

State: Central

Year: 1973

.....or damage to, any property belonging to the Central Government, or (iv) was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of hi s official duty, and the prosecutor in charge of the case has not been appointed by the Central Government he shall not, unless he has been permitted by the Central Government to do so, move the Court for its consent to withdraw from the prosecution and the Court shall, before according consent, direct the Prosecutor to produce before it the permission granted by the Central Government to withdraw from the prosecution. STATE AMENDMENT 1Uttar Pradesh: In section 321 , after the words "in charge of a case may" the words "on the written permission of the State Government to that effect (which shall be filed in Court)" shall be inserted. ______________________ 1. Vide Uttar Pradesh Act 18 of 1991 , Section 3 (w.e.f . 16 -2 -1991 ). Section 322 - Procedure in cases which Magistrate cannot dispose of (1) If, in the course of any inquiry into an offence or a trial before a Magistrate in any district, the evidence appears to him to warrant a.....

Code of Criminal Procedure, 1973 Section 320

Title: Compounding of Offences

State: Central

Year: 1973

.....of the Table next following may be compounded by the persons mentioned in the third column of that Table. 3[TABLE Offence Section of the Indian Penal Code applicable Person by whom offence may be compounded 1 2 3 Uttering words, etc., with deliberate intent to wound the religious feelings of any person. 298 The person whose religious feelings are intended to be wounded. Voluntarily causing hurt. 323 The person to whom the hurt is caused. Voluntarily causing hurt on provocation. 334 Ditto. Voluntarily causing grievous hurt on grave and sudden provocation. 335 The person to whom the hurt is caused. Wrongfully restraining or confining any person. 341, 342 The person restrained or confined. Wrongfully confining a person for three days or more 343 The person confined. Wrongfully confining a person for ten days or more. 344 Ditto. Wrongfully confining a person in secret. 346 .....

Indian Contract Act, 1872 Chapter 9

Title: Of Bailment

State: Central

Year: 1872

.....has been declared to apply to the responsibility of the Trustees of thePort of Madras as to goods in their possession, see the Madras Port Trust Act,1905 (Madras Act 2 of 1905). 2. As toRailway contracts, see the Indian Railways Act, 1890 (9 of 1890), section 72 [Ed. The Indian Railways Act, 1890 (9 of 1980) has been repealed by the RailwaysAct, 1989 (24 of 1989), sec. 200.] Section 162 - Termination of gratuitous bailment by death A gratuitous bailment is terminated by the death either of the bailor or of the bailee. Section 163 - Bailor entitled to increase or profit from goods bailed In the absence of any contract to the contrary, the bailee is bound to deliver to the bailor, or according to his directions, any increase or profit which may have accrued from the goods bailed. Illustrations A leaves a cow in the custody of B to be taken care of. The cow has a calf. B is bound to deliver the calf as well as the cow to A. Section 164 - Bailors responsibility to bailee The bailor is responsible to the bailee for any loss which the bailee may sustain by reason that the bailor was not entitled to make the bailment, or to receive back the goods or to give.....

Contract Act, 1872 Complete Act

State: Central

Year: 1872

CONTRACT ACT, 1872 CONTRACT ACT, 1872 9 of 1872 CHAPTER 00: PRELIMINARY SECTION 01: SHORT TITLE This Act may be called the Indian Contract Act, 1872. Extent and commencement.-It extends to the whole of India except the State of Jammu and Kashmir; and it shall come into force on the first day of September, 1872. Enactments repealed.-Nothing herein contained shall affect the provisions of any Statute, Act or Regulation not hereby expressly repealed, nor any usage or custom of trade, nor any incident of any contract, not inconsistent with the provisions of this Act. SECTION 02: INTERPRETATION CLAUSE. In this Act the following words and expressions are used in the following senses, unless a contrary intention appears from the context :- (a) When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal: (b) When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted, becomes a promise: (c) The person making the proposal is called the "promisor",.....

The Code of Criminal Procedure, 1973 Complete Act

State: Assam

Year: 1973

.....believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector,and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably for that purpose. (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. Explanation.-In this section and in section 54, "registered medical practitioner" means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 ( 102 of 1956) and whose name has been entered in a State Medical Register. 54. Examination of arrested person by medical practitioner at the request of the arrested person. When a person who is arrested, whether on a charge or otherwise alleges, at.....

Code of Criminal Procedure, 1973 Schedule 1

Title: The First Schedule (Chapter Xi to Xix)

State: Central

Year: 1973

..... ______________________ 1.Vide Uttar Pradesh Act 47 of 1975, section 4 (w.e.f. 15-9-1975). 2.Vide West Bengal Act 34 of 1974, section 5 (w.e.f. 16-7-1974). 3.Vide Orissa Act 13 of 1962. 4.Vide Tamil Nadu Act 30 of 1984. 5.Vide Andhra Pradesh Act 16 of 1968, section 27. 6.Same as that of Maharashtra. 7.Vide Bombay Act 82 of 1958. 8.Vide Mysore Act 27 of 1951. 9.Inserted by Act 43 of 1986, section 11 (w.e.f. 19-11-1986). 10.Inserted by Act 42 of 1993, section 4 (w.e.f. 22-5-1993). 11.Substituted by Act 43 of 1983, section 5, for the entries relating tosection 376 (w.e.f. 25-12-1983). 12.Substituted by Act 30 of 2001, section 3 and Second Schedule (w.e.f.3-9-2001). 13.Substituted for the word "Non-bailable" by Code of CriminalProcedure (Amendment) Act, 2005. 14.Substituted for the word "Bailable" by Code of Criminal Procedure(Amendment) Act, 2005. 15.Substituted for the word "Ditto" by Code of Criminal Procedure(Amendment) Act, 2005.