Judgment Search Results Home > Cases Phrase: sale of goods act 1930 chapter i preliminary Sorted by: old Page 8 of about 596 results (0.067 seconds)

Collector of Customs and Central Vs. Satya Kumar Mishra

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1986)(8)LC52Tri(Delhi)

..... clear that it is couched in negative words and provides that where no notice is "given" under clause (a) of section 124 of the customs act within six months of seizure of the goods, the goods shall be returned to the person from whom they were recovered. it does not speak of actual delivery.12. in the case of k. narasimhiah v ..... shri satya kumar mishra. on information, the central excise officers on 30-6-1982 visited the police station and seized the contraband goods and the cash. a show-cause notice under section 110 (2) of the customs act was sent by registered post on 15-12-1982, but the said registered cover was returned by the postal authorities with the remark ..... 110(2), the duty of the authority concerned is only to give notice within six months of the seizure of the goods. it is not their obligation to effect service beyond the provision of section 153 of the customs act.15. since the learned collector of customs (appeals), new delhi has not decided the case on merits, but allowed the .....

The Bank of Rajasthan Ltd. Vs. S.K. Trading Co. and ors.

Court : Kolkata

Reported in : (1990)1CALLT139(HC)

..... that no application lies under chapter xiiia of the high court rules inasmuch as the suit contemplates a declaration of a hypothecation of goods mentioned in annexure 'c and 'd' also a decree for sale has no substance and is rejected.9. the court is also unable to accept the submission of the learned counsel for the ..... to commercial transactions.explanation i : in this sub-section 'nationalised bank' means a corresponding new bank as defined in the banking companies (acquisition and. transfer of undertakings) act 1970 (5 of 1970).explanation ii : for the purposes of this section,: a transaction is a commercial transaction, if it is connected with the industry trade or business ..... application will stand dismissed with costs. the costs shall be paid to the plaintiff's advocate-on-record m/s. khaitan & co.department and all parties will act on a signed copy of the minutes of this order'.12. the judgment of the learned trial judge proceeded on the basis of interpretation of section 34 of the .....

Director-general of Vs. India Cements Limited

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

Reported in : (1987)62CompCas382NULL

..... ltd., dhun building, 827 anna salai, madras (hereinafter referred to as "the respondent").2. the respondent is a company registered under the companies act and is engaged in the manufacture and sale of cement. the price and distribution of cement to the extent of 67% of the production is controlled by the central government and the said ..... 31. the restrictive trade practice of making the stockists confine their sales within the specified area, is saved by clause (k) of sub-section (1) of section 38 of the act which reads as under : "that the restriction is necessary to ensure the maintenance of supply of goods and services essential to the community." 32. the contention of ..... the respondent produced shri n. ramakrishnan (rw-1). he stated that he was acting as sales manager and that he was looking after the execution of the agreements relating to the sale of cement by the various stockists, that the maximum price for the sale of cement used to be fixed from time to time and that the stockists .....

Land Acquisition Officer Vs. Chandrasekhar Reddy

Court : Karnataka

Reported in : ILR1986KAR2827

..... length.we think that the submissions of learned government advocate on this aspect cannot be brushed-aside. it was for the claimant to show that these sales are bonafide sales at arm's length and do reflect the true market-value at the time they were entered into. no explanation is forthcoming why the purchasers were not ..... not be put to the potential use either immediately or in the reasonably near future. it must also be shown that the sites so laid-out would be good selling propositions. there must be evidence to show that there was corresponding demand for sites. the court-below taking all these circumstances into consideration, deducted 15% or ..... effect of putting-up the market-value, any resultant appreciation of the value should be excluded from consideration. he submitted that section 24 of the land acquisition act provides for the exclusion of any appreciation of market-value, which is the result of the acquisition itself.in the present case, the preliminary notification was dated .....

Consumer Education and Research Vs. T.T.K. Pharma Ltd. and ors.

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

Reported in : (1990)68CompCas89NULL

..... and shares already figure in the definition of goods under the sale of goods act it seems that the object in overemphasising shares and stocks to be "goods" under the monopolies and restrictive trade practices act is that they are not limited only to purchase and sale as the sale of goods act, 1930, is concerned with. as i have ..... restrictive trade practices act. the definition of the word "goods" as given in section 2(e) of the monopolies and restrictive trade practices act has already been reproduced. it means goods as defined in section 2(7) of the sale of goods act. the definition of the word "goods" in the sale of goods act reads as under : '"goods' means every kind ..... for granted that the shares do not come into existence, they are "future goods" within the meaning of section 2(6) of the sale of goods act. the definition of "future goods" in the aforesaid provision reads as under : '"future goods' means goods to be manufactured or produced or acquired by the seller after the making of .....

Citicorp Indus. Credit Vs. Brock

Court : US Supreme Court

..... to settled precedent. during the 28 years from the enactment of the flsa through 1966, it appears that no secretary of labor ever sought an injunction against the sale of "hot goods" in circumstances such as these. see wirtz v. powell knitting mills co., 360 f.2d 730, 733 (ca2 1966). when a secretary did attempt to use ..... "(1) to transport, offer for transportation, ship, deliver, or sell in commerce, or to ship, deliver, or sell with knowledge that shipment or delivery or sale thereof in commerce is intended, any goods in the production of which any employee was employed in violation of section 206 or section 207 of this title, or in violation of any regulation or ..... of a business failure. under the court's novel reading of the act, any such sale -- whether by a secured creditor, a trustee in bankruptcy, or even by a creditor's committee trying to raise funds to meet a shortage in the final payroll -- would be a sale of "hot goods," and therefore illegal. [ footnote 2/2 ] as judge engel .....

Dhrangadhra Municipality Vs. Dhrangadhra Chemical Works Ltd.

Court : Gujarat

Reported in : 1988(35)ELT88(Guj); (1988)1GLR388

..... thereof. it is only when the three ingredients are pleaded in the plaint that a cause of action is constituted under section 70 of the act. where the plaintiff merely alleged that the goods were not supplied gratuitously, since the other two essential features to constitute a cause of action are lacking, the court commits an error in allowing ..... refund of duty would amount to unjust enrichment to the defendant, the suit cannot be decreed. that decision has also considered the constitution bench decision of the supreme court in sales tax officer v. kanhaiya lal, : [1959]1scr1350 . in that view of the matter, it would not be open to the plaintiff to contend before us that kanhaiya ..... otherwise than by way of taxes' after the word paid'. 42. it was further observed (headnote) : 'merely because the state has not retained the monies paid as sales tax by the assessee but has spent them away in the ordinary course of the business of the state will not make any difference to the position and under the .....

Dhrangadhra Municipality Vs. Dhrangadhra Chemical Works Ltd. (F.A. No. ...

Court : Gujarat

Reported in : [1988]174ITR77(Guj)

..... thereof. it is only when the three ingredients are pleaded in the plaint that a cause of action is constituted under section 70 of the act.where the plaintiff merely alleged that the goods were not supplied gratuitously, since the other two essential features to constitute a cause of action are lacking, the court commits an error in allowing ..... refund of duty would amount to unjust enrichment to the defendant, the suit cannot be decreed. that decision has also considered the constitution bench decision of the supreme court in sales tax officer v. kanhaiya lal, : [1959]1scr1350 . in that view of the matter, it would not be open to the plaintiff to contend before us that kanhaiya ..... words as otherwise than by way of taxes after the word paid'.it was further observed (headnote) :'merely because the state has not retained the monies paid as sales tax by the assessee but has spent them away in the ordinary course of the business of the state will not make any difference to the position and under .....

Vinodkumar Ratilal Shah Vs. Madhubala Madhav Kharait (Smt.)

Court : Mumbai

Reported in : 1988(2)BomCR99

..... the two rooms on the first floor. 8. order xxvi of the code of civil procedure enables the court to issue commissions for carrying out the various acts or investigations stated therein. in the case of a preliminary decree for partition of immovable property the court is empowered to issue commission to 'make partition and ..... above do not provide for every situation that may arise in execution. but then the legislature cannot be expected to foresee every conceivable situation or setting that its act and rules are intended to meet. where such situations arise, rule 16 lays down :--- 'any question relating to procedure not specifically provided for by these rules' ..... and urged that the decree can be given effect to by making certain order in execution.6. the special court created by sections 28 and 29 of the bombay rent act, are enjoined to follow the 'prescribed procedure' in executing the orders made by them'. 'prescribed' means prescribed by rules (section 5(9) 'prescribed' means prescribed .....

Ballarpur Industries Ltd. Vs. the Director General of Investigation an ...

Court : Delhi

Reported in : AIR1989Delhi329; [1988]64CompCas884(Delhi); ILR1988Delhi10a

..... availed of with theapproval of the first mentioned person.' under section 2(q)'trader' in relation to any good means 'a person who sells ordistributes any goods for sale and includes the manufacturerthereof, and where such goods are sold or distributed in package form, includes the packer thereof'. then. under section 2(r) the expression ..... of traders. (ii)a single or isolated action of any person in relationto any trade.'(11) 'wholesaler' in relation to the sale of any goodsmeans 'a person who (sells the goods, either in bulk or inlarge quantities, to any person for the purpuses. of resale.whether inbulk or in the same or smaller quantities ..... unfair trade practice would have the samemeaning as in section 36a of the monopolies and restrictive trade practice act, 1969 (54 of .....