Judgment Search Results Home > Cases Phrase: sale of goods act 1930 chapter i preliminary Sorted by: recent Court: chennai Page 1 of about 29 results (0.697 seconds)

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 .....

Nirma Limited. Vs. Saint GobaIn Glass India Limited and ors.

Court : Chennai

..... these penal provisions is wide enough to take in its fold any one or series of acts committed, beyond the stage of preparation in moving the contraband goods deliberately to the place of embarkation, such act or acts being reasonably proximate to the completion of the unlawful export. the inference arising out of the ..... hong kong, the community authorities were prepared to accept that imports could be made as long as they are "limited to that necessary to maintain sales by the complainant producers concerned while their own output was temporarily insufficient, at a time of rapid growth". in large electrolytic aluminium capacitors from japan ..... authority by discussing the various parameters relating to the domestic industry in respect of the production, capacity and capacity utilization of the domestic industry; sales of domestic industry; profitability; inventories; employment and wages, productivity; magnitude of dumping; growth; and ability to raise funds, has concluded provisionally that the .....

M/S.Muthuraman Exports. Vs. the Customs and Central Excise Settlement ...

Court : Chennai

..... stitch garments pvt.ltd., which had taken over the assets and liabilities of m/s.muthuraman exports, under section 112(a) of the customs act, 1962 for rendering the said imported goods liable for confiscation. the copies of documents referred to and relied upon in the show cause were appended to the show cause notice as annexures ..... the additional amount of customs duty accepted to be payable by him and such other particulars as may be specified by rules including the particulars of such dutiable goods in respect of which he admits short levy on account of misclassification, under-valuation or inapplicability of exemption notification or otherwise and such application shall be disposed of ..... produced, the show cause notice was issued on 31.12.2004 under section 124 of the customs act, 1962, calling upon the petitioner to show cause as to why, (i) the benefit of zero duty exemption extended on the capital goods valued at rs.80,34,368/-, imported by them under epcg licence no.04500575 dated 17. .....

Optigrab International Vs. Government of India

Court : Chennai

Reported in : 2010(253)ELT722(Mad)

..... june, 2007 pay the accepted duty liability failing which his application shall be liable to be rejected.(2) where any dutiable goods, books of account, other documents or any sale proceeds of the goods have been seized under section 110, the applicant shall not be entitled to make an application under sub-section (1) before ..... 61 of 1985) has been committed:provided also that no application under this sub-section shall be made for the interpretation of the classification of the goods under the customs tariff act, 1975 (51 of 1975).(1-a) notwithstanding anything contained in sub-section (1), where an application was made under sub-section (1) before ..... principles of natural justice. more so, the subject matter of controversies/disputes between the parties only impinge upon the interpretation of the various sections of the customs act on legal plane and therefore, no prejudice was caused to the appellant in not providing opportunity of hearing to its authorised representative.21. when the term .....

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 .....

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 : .....

Union of India Vs. K. Siraj

Court : Chennai

Reported in : 1993(44)ECC262; 1993(65)ELT25(Mad)

..... the orders of adjudication or orders of release, they could have challenged the same in accordance with the provisions of the customs act before the appropriate forum and that once the goods were released on assessment and payment of duty, penalty, etc., the customs authorities cease to have any further jurisdiction to inquire ..... take away the jurisdiction of the proper officer to initiate appropriate action and if goods were released on conditions and are found not available for confiscation, for that reason to seek confiscation of the sale proceeds of smuggled goods (section 121 of the act). the last consignment it appears, however, has been subjected to notice under ..... sec. 124 of the act, confiscation and some penalty, but option has been exercised to release the goods on payment of fine in lieu of confiscation. .....

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 .....

S. B. S. Jayam and Co., Represented by Its Managing Partner S. B. S. S ...

Court : Chennai

Reported in : (1977)1MLJ286

..... offending mark has not come to the madras market, there can be little doubt that the alleged infringement is not only at the place where the defendant markets his goods but also where the plaintiff's property itself is situated.19. issue no. 1 is answered in favour of the plaintiff holding that this court has territorial jurisdiction to ..... thereon as well as lawyer's fee for drafting and sending the notice. it was further pointed out that the averments in the plaint relating to the contract for sale of black-gram and the terms thereof are only matters of history set out as matters of inducement and are not strictly speaking part of the cause of action ..... in the notification. even though the head office is at bombay, the branch offices including the one at madras have independent territorial jurisdiction regarding the powers conferred under the act. therefore there can be no doubt that in respect of a trade mark registered at the madras office, the situs of the property in the mark, is at .....

Sakuntala Bai Vs. Venkatakrishna Reddi, the Customs Inspector of Reddi ...

Court : Chennai

Reported in : AIR1952Mad667; (1952)1MLJ646

..... a belt as part of their official duty. chapter xvii of the sea customs act lays down the procedure in regard to such cases. it was open to the inspector to arrest this lady on his suspecting that she was trying to smuggle dutiable goods and then produce her before the nearest magistrate or customs collector and seize the ..... articles liable to confiscation etc. it is no part of the duty of a customs inspector to lose his temper and do any of the acts attributed to him in the complaint and if ..... by private prosecution. judges would be charged with defamation, policemen with wrongful restraint, and distrainers with theft. this privilege of immunity from prosecution without sanction only extends to acts which can be shown to be in discharge of official duty, or fairly purporting to be in such discharge.'10. in other words, a prosecution for an offence .....