Judgment Search Results Home > Cases Phrase: sale of goods act 1930 chapter i preliminary Sorted by: old Page 1 of about 596 results (0.097 seconds)

The Palmyra

Court : US Supreme Court

..... of the offense, but the right attached only by the conviction of the offender. the necessary result was that in every case where the crown sought to recover such goods and chattels, it was indispensable to establish its right by producing the record of the judgment of conviction. in the contemplation of the common law, the offender's ..... of objection is of a far more important and difficult nature. it is well known that at the common law, in many cases of felonies, the party forfeited his goods and chattels to the crown. the forfeiture did not, strictly speaking, attach in rem, but it was a part, or at least a consequence, of the judgment of ..... the district into which such captured vessel shall be brought, and the same court shall thereupon order a sale and distribution thereof accordingly, and at their discretion." the brig palmyra is an armed vessel, asserting herself to be a privateer and acting under a commission of the king of spain, issued by his authorized officer at the island of .....

Sreenath Roy Vs. Radhanath Mookerjee

Court : Kolkata

Reported in : (1883)ILR9Cal773

..... .' the different kinds of execution dealt within those sections are against the person and property of the judgment-debtor, or for the restoration of any specific property, land, or goods, or for compelling the judgment-debtor, by attachment, to obey the decree of the court.10. but the order with which we are dealing is of a totally different ..... appealing to this court, and has insisted upon his right of appealing upon the ground that the order of the learned judge was a decree made under section 244 of act x of 1877, as being 'a decision upon a question which related to the execution of the decree.'8. i am clearly of opinion, looking at what i ..... allen has contended that the order which is appealed against is one made under section 244 of the civil procedure code, and is therefore appealable under section 2 of that act, as amended by act xii of 1879.3. the suit in which the order was made is an administration suit brought by the plaintiff, a creditor, for administering the estate 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 .....

Chidambara Chettiar by His Authorised Agent Ramasami Iyer Vs. Vaidilin ...

Court : Chennai

Reported in : (1915)ILR38Mad519

..... 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 sonni 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 .....

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 .....

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 .....

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 .....

Roschen Vs. Ward

Court : US Supreme Court

..... in bringing about the result that it tends to produce. p. 279 u. s. 339 . 3. it being obvious that much good will be accomplished by a statute requiring the attendance of a physician or optometrist at any place page 279 u. s. 338 where ..... will assume that there are strong reasons against interference with the business as now done -- but it is obvious that much good would be accomplished page 279 u. s. 340 if eyes were examined in a great many cases where hitherto they have not ..... place of business any spectacles, eyeglasses, or lenses for correction of vision unless a physician or optometrist is in charge of the place of sale and in personal attendance at it, though not providing specifically for an examination by the specialist, is valid. p. 279 u. s ..... the counter. this, as it is presented, seems to us a perversion of the act. when the statute requires a physician or optometrist to be in charge of the place of sale in personal attendance at it, obviously it means in charge of it by reason .....

Smith Vs. Cahoon

Court : US Supreme Court

..... p. 283 u. s. 565 . 4. a state statutory provision which requires those who operate motor vehicles on the highways in the transportation of goods for hire to furnish a bond or insurance policy for the protection of the public against injuries received through negligence in such operation, but which does not ..... the state railroad commission, of "auto transportation companies." these companies are thus defined in 1(h): "the term 'auto transportation company,' when used in this act, means every corporation or person, their lessees, trustees or receivers, owning, controlling, operating or managing any motor propelled vehicle not usually operated on or over rails ..... his contract with his employer whose goods he carries, and if we consider only the provision for the protection of the public with respect to the use of the highways, another constitutional difficulty is encountered -- that is, of an unconstitutional discrimination. if the provisions of the act were treated as severable, and requirements .....