Judgment Search Results Home > Cases Phrase: sale of goods act 1930 section 10 agreement to sell at valuation Page 1 of about 1,088 results (0.131 seconds)

Opg Energy Pvt. Ltd. Vs. Gail India Limited

Court : Chennai

..... . keeping in mind the above provision, let me now take a look at the provisions of the sale of goods act, to which such a contract can be related.29. section 9(1) of the sale of goods act, 1930, stipulates that the price in a contract of sale may be fixed by the contract or may be left to be fixed in a manner thereby agreed ..... the law on the point with respect to the sale of goods act.35. since the impugned action of the respondent is on the basis of an audit objection raised by the comptroller and auditor general of india, it is contended by mr. ..... supreme court made a sweeping statement in that case that ".the fixation of sale/purchase price subsequent to the transaction, is unknown to the whole world"..34. but unfortunately, this decision of the supreme court does not take note of the provisions of the sale of goods act which i have referred to above. therefore, i would not take this decision as laying down .....

Bharath Earth Movers Limited (Beml), Bangalore Vs. Deputy Commissioner ...

Court : Karnataka

Reported in : AIR1999Kant394; 2000(1)KarLJ433

..... 9.50 per km. per bus per day. a finding was also recorded that beml have not purchased these vehicles for monetary consideration as per section 4 of the sale of goods act, 1930.6. against the above order passed by the assessing authority, an appeal was preferred to the deputy commissioner for transport, which was rejected on 9th september, ..... agent and ply the vehicle which would be a private service vehicle. but the finding which has been recorded by the appellate authority is that there was no sale of the vehicle. the finding which is recorded is a finding of fact and this court under article 226 of the constitution of india, cannot interfere with ..... on transfer, these vehicles have been converted from stage carriages/omnibuses to private service vehicles on applications filed by the petitioner under section 52 of the motor vehicles act, 1988. the petitioner was asked to intimate as to whether these vehicles were in fact purchased and if so, to furnish the particulars including the cost of .....

Neo Securities Limited and ors. Vs. Chennai Petroleum Corporation

Court : Company Law Board CLB

Reported in : (2007)136CompCas500

..... shares? - shri senthil kumar, counsel for respondent argued: shares are goods for the purposes of the sale of goods act, 1930 as defined in section 2(7) thereof. accordingly, in terms of section 26 of the sale of goods act, 1930 risk passes to the buyer once the property in the goods is transferred to the buyer. in the instant case, equitable interest ..... wales case is inapplicable to the present case. furthermore, shares are goods for the purposes of the sale of goods act, 1930 as defined in section 2(7) of the act. as per provisions of section 26 of that act, risk passes to the buyer once the property in the goods is transferred to the buyer. in the instant case, legal ..... in the goods were created in favour of the buyer on payment of consideration by the buyer and delivery of goods by the seller to the buyer. legal .....

Smt. Claude-lila Parulekar Vs. Sakal Papers Pvt. Ltd. and ors.

Court : Supreme Court of India

Reported in : AIR2005SC4074; II(2005)BC542(SC); 2006(3)BomCR429; [2005]124CompCas685(SC); (2005)4CompLJ193(SC); 2006(1)CTLJ465(SC); JT2005(3)SC523; (2005)11SCC73; [2005]59SCL414(SC); 200

..... to pay the price within the time fixed by the respondent nos. 2, 3 and 4 by their notices dated 21.2.1985.iv.3.1 section 11 of the sale of goods act, 1930 expressly says:'11. stipulation as to time. - unless a different intention appears from the terms of the contract, stipulations as to time of payment are not deemed to ..... . it was submitted that the respondent nos. 2, 3 and 4 were entitled to fix a time for the performance of the contract not only under section 32 of the sales of goods act but also under article 57-a. by not paying the certified price for the shares, the contract came to an end. the respondents have said that by the resolution ..... by the appellants, the contract to purchase the shares under sta was concluded. having regard to section 9(1) of the sale of goods act, 1930 we see no reason to differ from this conclusion. section 10(1) of the sale of goods act also speaks of avoidance of an agreement if the third party valuer either cannot or does not fix the price of the .....

Vishnu Agencies (Pvt.) Ltd. Vs. Commercial Tax Officer and ors.

Court : Supreme Court of India

Reported in : AIR1978SC449; (1978)1SCC520; [1978]2SCR433; [1978]42STC31(SC)

..... orders given, yet, it is difficult to see how such a transaction would be based on a contractual tie. according to section 4(3) of our sale of goods act, a sale results only from a contract which presupposes a minimal area of freedom of choice where the ordinary mechanism of proposal and acceptance operates.9. for the reasons ..... to that topic both in england and in india and therefore that expression, occurring in entry 48, must be interpreted in the sense which it bears in the sale of goods act, 1930. in coming to this conclusion, the court relied upon the american decisions in united states v. wong kim ark [1898] 169 u.s. 649, ..... a two fold contention. they contend, in the first place, that the word 'sale' in the sales tax acts passed by the provincial or state legislatures must receive the same meaning as in the sale of goods act, 1930; or else, the definition of sale in these sales tax acts will be beyond the legislative competence of the provincial and state legislatures. secondly, .....

Rajasthan Spinning and Weaving Mills Ltd. Vs. Commercial Taxes Officer ...

Court : Rajasthan

Reported in : [1987]64STC146(Raj); 1986WLN(UC)347

..... any further because, the position which emerges after putting on the words of entry 48 the same meaning which those words bear in the sale of goods act, 1930, is that, in order to constitute a sale, it is necessary that there should be an agreement between the parties. in other words, the effect of the construction which the court ..... a series of decisions of their lordships of the supreme court that the definition of 'sale' given in the sales tax act cannot be more wider than the definition given in the sale of goods act. in this connection he has invited my attention to the cases of sales tax officer, pilibhit v. budh prakash jai prakash air 1954 sc 459, state of ..... with the words 'by one person to another' was omitted by this act.8. he has also invited my attention to the definition of 'sale' as given in the sale of goods act, which reads as under :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 .....

Prem Rice Mill Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1995KAR1605; 1995(3)KarLJ38

..... contract, the lawful consideration and lawful object. a reading of section 54 of the transfer of property act, section 4 of the sale of goods act along with section 10 of the contract act per sej reveals that in the matter of sale also, the free consent of the parties should be there. if free consent of the parties is ..... as under: -'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 ..... now is what is the meaning of sale.the expression 'sale' is defined vide., section 54 of the transfer of property act as under :-'sale' is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.'in sale of goods act, 1930, section-4 of the sale of goods act defines sale and agreement to sell. it reads .....

M/S. Steel Authority of India Ltd. (Unit Bhilai Steel Plant) Ispat Bha ...

Court : Supreme Court of India

..... cash or deferred payment or other valuable consideration. and 11. interestingly, unlike under the definition of sale of goods act, 1930, sale under the act takes place on transfer of possession. however we 16 need not say anything further as it is not necessary for the cases at hand. section 3 is the ..... the time is ripe for us to consider the statutory framework under the act and the rules made under the act. section 2(h) of the act defines sale and purchase as follows: variations 2(h) sale and purchase , with their grammatical cognate expressions, mean any transfer of the possession of goods by one person to another in the ordinary course of trade or business for .....

Jagatjit Distilling and Allied Industries Ltd. Vs. the State

Court : Punjab and Haryana

Reported in : [1971]28STC709(P& H)

..... section (3) of section 4], it is manifest that under the sale of goods act a transaction is called sale only where for money consideration property in goods is transferred under a contract of sale. section 4 of the sale of goods act was borrowed almost verbatim from section 1 of the english sale of goods act, 56 & 57 vict. c. 71. as observed by benjamin in ..... promised or other valuable consideration. but that is not the meaning of 'sale' in the sale of goods act, 1930. section 4 of the sale of goods act provides by its first subsection that a contract of sale of goods is a contract where the seller agrees to transfer the property in goods to the buyer for a price. 'price' by clause (10) ..... sold. it is the liquor of which bottle is the container that has been sold. primarily, the sale is of liquor and if the sale of liquor is not sale within the meaning of that expression in the sale of goods act, there would be no sale of the bottle.13. questions nos. (3) and (4).--questions nos. (3) and (4 .....

Sadanand S. Varde and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2000(4)ALLMR510; 2001(1)BomCR261; [2001]247ITR609(Bom)

..... a transfer of ownership in exchange for a price, the 'price' being defined in section 2(10) of the sale of goods act as any consideration paid for sale of the goods. in cit v. motors and general stores (p.) ltd. : [1967]66itr692(sc) , it was pointed out by the supreme court that the presence of money consideration ..... is an essential element in a transaction of sale. tested by this yardstick, it would appear that in anamalgamation no consideration in any form ..... personality of its own and its property cannot be said to be the property of the union of india. hence, it is contended that by the act of amalgamation, there was no sale of any assets by the transferor-company (the sixth respondent) to the transferee-company (the ninth respondent) in the amalgamation. thus, it is urged .....