Judgment Search Results Home > Cases Phrase: sale of goods act 1930 chapter i preliminary Court: chennai Page 1 of about 29 results (0.841 seconds)

Jaihind Roadways, a Proprietory Concern, Represented by Proprietor Mr. ...

Court : Chennai

Reported in : (1979)1MLJ338

..... lays his action on tort or negligence of the carrier, he would be deemed to be an agent of the seller within the meaning of section 39 of the sale of goods act and which again would necessarily compel him to file a suit for damages as against the carrier for such negligence only in a court of bombay no doubt, section ..... bound by the obligations which may slope from the contract as between the seller and the carrier as above.5. the second point is whether section 39 of the sale of goods act would in any way be a bar for the institution of the present action at madras. there is no proof that the seller was authorised or required to send ..... for the petitioner is that the suit filed by the consignee in the madras court is not maintainable as against the carrier not only because section 37 of the sale of goods act prevents him from doing it but also because the plaintiff himself has referred to the contract in the pleadings, which contract would obviously mean the contract entered into between .....

R. Karuppan Vs. R. Namachivayam

Court : Chennai

Reported in : 1998(99)ELT214(Mad)

..... the central government, in exercise of the power conferred by sub-section (1) of section 25 of the customs act, 1962, exempts the goods of the description specified in column 2 of the table annexed to the general exemption no. 38, and falling ..... copies of tr/bank receipt/demand draft. 2. certified photocopy of proforma invoice from foreign supplier showing cif value, etc., of the goods. 3. certified photocopy of registration certificate issued by concerned authority. 4. copy of recommendation of recommending authority, if any. 5. ..... bava : 1973ecr18(sc) ; k. s. papanna v. deputy commercial tax officer 19 stc 506; beharilal shyamsunder v. sales tax officer 17 stc 508; collector of customs v. k. ganga shetty : [1963]2scr277 ; s. r. tewari v. the district board, agra : ..... (1964)illj1sc ; sales tax officer v. m/s. shiv ratan g. rohatta : [1965]3scr71 ; l. hirday narain v. income tax officer, bareilly : .....

Jayanti Venkayya and anr. Vs. Damisetti Sathiraju and Six ors.

Court : Chennai

Reported in : (1921)ILR44Mad714

..... by the appellate court. it would obviously be so if the decree of the appellate court had varied the preliminary decree passed by the lower court and there are no good reasons for applying different rules as regards questions arising under article 181, when the appellate court affirms the decree of the lower court and when it varies it. consequently, ..... was set aside in the first court, that time then began to run under article 97 and that consideration did not fail afresh when the order setting aside the sale was affirmed by the appellate court. here, as in the well-known case of bassu kuar v. dhum singh (1889) i.l.r., 11 all., 47 (p.c.) the ..... . somasundaram as to whether the starling point for an application for a decree absolute under order xxxiv, rule 5, civil procedure code, which is governed by article 181 of the limitation act, is the date of the original decree or the date of the appellate decree which affirmed the original decree.2. it had long been regarded as well-settled in this .....

Jayanti Venkayya and anr. Vs. Damisetti Sathiraju and ors.

Court : Chennai

Reported in : AIR1921Mad514(1); (1921)41MLJ117

..... the appellate court. it would obviously be so if the decree of the appellate court had varied the preliminary decree passed by the lower court, and there are no good reasons for applying different rules as regards questions arising under article 181 when the appellate court affirms the decree of the lower court and when it varies it. consequently an ..... for a decree absolute where the preliminary decree is under appeal, an application so much resembling an application for execution that under the repealed chapter of the transfer of property act it was held by this court to be one. that was a question which their lordships were not considering.4. the view that for the purposes of such an ..... was set aside in the first court, that time then began to run under article 97 and that consideration did not fail afresh when the order setting aside the sale was affirmed by the appellate court. here, as in the well known case in basu kuar v. dhiim singh i.l.r. (1888) all. 47 the question their lordships .....

Moothetuth Kanari Vs. Hari Shenoy and ors.

Court : Chennai

Reported in : 34Ind.Cas.428

..... the cases cited therein. consequently the provisions of chapter xxxi of act xiv of 1882 apply to the case of a person who is a lunatic, although he has not been so found on enquiry ..... is now settled law that the provisions of the old code of civil procedure apply to persons adjudged to be of unsound mind under act xxxv of 1858 as well as to those who are not so adjudged. see kadala reddi v. narisi 24 m.d 504 and ..... to infants whether plaintiffs or defendants) shall, mutatis mutandis, apply in the case of persons of unsound mind, adjudged to be so under act xxxv of 1858, or under any other law for the time being in force.' so that apparently it was confined in terms to ..... the suit was brought to declare the nullity of a sale in execution. there they agreed that there was a perfectly good judgment against the deceased person during his lifetime but the proper parties were not added before the sale. it seems to me that completes the chain in the .....

M/S. L and T Finance Limited rep. by Its Zonal Legal Manager Vs. M/S. ...

Court : Chennai

..... out by the division bench of the andhra pradesh high court in state bank of india, a hypothecatee is entitled even to take possession of the hypothecated goods and bring them to sale, if the contract provides for such a right, without the intervention of court. while such a right is conferred by contract in india, it is ..... conferred in england by statute itself. the powers of seizure and sale of hypothecated chattels are governed by the provisions of the bills of sale act, 1882 in england. once such a right is exercised, the only remedy left for the borrower/hypothecator is to seek damages.48. ..... such as arbitral tribunals.40. but the provisions of order xxxiv of the code were made irrelevant by several enactments, such as the state financial corporations act, the rddb act, 1993 and the securitisation act, 2002. the code of civil procedure itself has undergone a lot of changes, after 1999 and 2002. i do not know whether, after the .....

Muthan Chettiar and anr. Vs. Venkituswami Naicken

Court : Chennai

Reported in : AIR1936Mad819; (1936)71MLJ170

..... all the property which the debtor had at the date of the insolvency petition will not prevail against the purchaser in good faith at an execution sale prior to the adjudication. this was the rule under section 34 of the act iii of 1907 din dayal v. gur saran lal i.l.r.(1920) 42 all. 336 and i think it ..... be under section 151 and order 21, rule 90, civil procedure code. that was heard by mr. r. rangaswami aiyangar who, holding that his predecessor had acted in violation of section 52, set aside the sale, declaring it to be null and void. in the view he took, he considered it unnecessary to go into the question of material irregularity under order ..... of the debtor's insolvency, does not in the circumstances, amount to absence of good faith, it does not necessarily follow that all enquiry into the question whether the purchaser acted in good faith or not, is to be excluded. any collusion or fraud may vitiate the sale. further, another important point must be borne in mind, that section 51(3) .....

Sri Swaminathan Construction, a Regd. Partnership Firm, Rep. by Its Ma ...

Court : Chennai

Reported in : (2008)2MLJ637

..... such as appointment of guardian for a minor or a person of unsound mind or for an interim measure of protection, such as interim custody of sale of any goods which are subject matter of the arbitration agreement or for securing the amount in dispute in the arbitration and such other matters which are incidental and ..... the appellant, therefore, preferred the present aop no. 71/2002 on the file of the principal district judge, thanjavur (designated court under the arbitration and conciliation act, 1996 - act no. 26/1996). the said petition was filed on 27.08.2002. the appellant also moved the very same court in ep no. 43/2003 seeking for ..... the 1st respondent and therefore his award dated 08.03.2002 was unassailable when the 1st respondent did not choose to challenge the same under section 34 of the act. the learned senior counsel relied upon the following decisions in support of his submissions.(i) : air1981sc479 rukmanibai v. collector, jabalpur;(ii) : air2002mad462 bhatia international v .....

Chidambara Chettiar by His Authorized Agent, Ramasami Iyer Vs. Vaidili ...

Court : Chennai

Reported in : 30Ind.Cas.408

..... on the ground of trade usage, but usages and custom of trade are specially excepted by section 1 of the indian contract act, and the property in dispute in that case being moveable was governed by chapter vii of the indian contract act, which deals with the sale of goods and corresponds with the provisions of the sale of goods act in england. ..... 's decree for dower. the allahabad high court has in several cases shown a reluctance to apply the provision of section 54 of the transfer of property act strictly to sales between muhammadans, knowing that under sunni law payment of price accompanied by delivery of possession constituted a complete transfer without the execution of any document, vide section ..... on the part of the purchaser. it is argued that as section 120 of the transfer of property act gives to a party to an exchange transaction similar rights as if he was a seller or buyer in a sale transaction, the defendants nos. 1 to 5 have a charge upon the plaint property to the extent of .....

Champaden Vittil Lakshmi Amma Vs. Kunnummal Pukkott Thottathil Janamaj ...

Court : Chennai

Reported in : (1894)4MLJ183

..... that court fee was payable on the amount of the decree in original suit no. 26 of 1888, viz., 2,894-8-0 and called on the plaintiff to make good the deficiency, rs. 193, within fifteen days from the date of his order.3. on the plaintiff failing to comply with this order, the appellate court rejected the appeal, ..... and the intention of the legislature to be presumed therefrom, appear to us to have been duly considered.14. another question which requires to be noticed is whether the amendment act has made any difference. section 54, as since amended, retains the classification but orders passed under that section are defined among orders which have the force of a decree. ..... , but on the amount of decree in execution of which the sale took place, would be final and not open to appeal, however erroneous that order might be. but the court fees act came into force on the 1st april 1870, and act viii of 1859 was the code of civil procedure then in force. section 81 of that enactment contemplated the .....