Judgment Search Results Home > Cases Phrase: sale of goods act 1930 section 10 agreement to sell at valuation Court: chennai Page 1 of about 74 results (0.098 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 .....

The Minerals and Metals Trading Corporation of India Ltd., Rep. by Its ...

Court : Chennai

Reported in : 1998(3)CTC518

..... hessian when the pucca delivery orders were issued, the requirement is not satisfied. here the contracts were for the sale of unascertained goods by description. section 23 of the sale of goods act provides that in such cases, if goods of that description and in a deliverable state are unconditionally appropriated to the contract by the seller with the ..... seller or buyer should do, he would rely on section 2(4) of the sale of goods act and would state that the goods are in a 'deliverable state'. he would further rely on section 22 of the sale of goods act, which deals with 'specific goods in a deliverable state, when the seller has to do anything thereto in order to ..... the contract therefore represented by the pucca delivery orders is a contract for the sake of unascertained goods and no property in the goods is transferred to the buyer in view of s. 18 of the indian sale of goods act till the goods are ascertained by appropriation, which in this case takes place at the time only of actual .....

Louis Dreyfus and Co. Ltd., Madras Vs. State of Madras Represented by ...

Court : Chennai

Reported in : AIR1954Mad932; (1954)IIMLJ326

..... argument, which is also another aspect of the first point, was that the impugned provision is repugnant to the sale of goods act, and under section 107(2) of the government of india act, the sale of goods act should prevail over the provincial law, in the absence of the assent of the governor general.5. the legislative power of ..... above referred to.as in the present case the power of the provincial legislature is derived exclusively from item 48 in the provincial list, and as the sale of goods act, or an existing law related to an item in the concurrent list, the subject-matters of the two enactments were entirely different, and therefore, the ..... 1953crilj1105 .4. the argument now before us was two-fold. in the first place, it was contended that this provision is repugnant to the provisions of the sale of goods act, and therefore, should not prevail, as the previous sanction of the governor general was not obtained for enacting the amendment, that was introduced in 1947. the second .....

The Minerals and Metals Trading Corporation of India Ltd., Represented ...

Court : Chennai

Reported in : (1999)1MLJ487

..... when the pucca delivery orders were issued, the requirement is not satisfied. here the contracts were for the sale of unascertained goods by description. section 23 of the sale of goods act provides that in such cases, if goods of that description and in a deliverable state are unconditionally appropriated to the contract by the seller with the ..... seller or buyer should do, he would rely on section 2(4) of the sale of goods act and would state that the goods are in a 'deliverable state'. he would further rely on section 22 of the sale of goods act, which deals with 'specific goods in a deliverable state, when the seller has to do anything thereto in order ..... ascertained. the contract therefore represented by the pucca delivery orders is a contract for the sale of unascertained goods and no property in the goods is transferred to the buyer in view of section 18 of the indian sale of goods act till the goods are ascertained by appropriation, which in this case takes place at the time only of .....

M.P.V. Sundararama Iyer and Company Vs. V.V.C.R. Murugesa Mudaliar

Court : Chennai

Reported in : AIR1957Mad228

..... which formed the subject matter of thedecision in , do not contain any clause resembling clause4 of ex. a-l.20. in discussing the applicability of section 35 of the sale of goods act, kaushalendra rao, j. in kamiruddin kadibhal and co. v. municipal committee, anjangaon municipality air 1951 nag 148 (g) observed that it is not an effective application for ..... contention that clause 4 of ex. a-l amounts to an express contract which would take the case out of the generalisation contained in section 35 of the sale of goods act. it is urged by the learned counsel for the defendants, that the buyer has not applied for delivery and if there is no express contract, the breach ..... and when he would be required to take it' therefore there has been an express contract which would not make the general provisions of section 35 of the sale of goods act applicable. , if this decision is to be followed, then there is no doubt whatever that there is no obligation cast upon the plaintiffs to apply for delivery .....

Associated Cement Companies Ltd. Represented by Its Joint Manager (Acc ...

Court : Chennai

Reported in : (2009)23VST486(Mad)

..... the effect of delivery of railway receipts to the agent of the buyer against payment of price, vis-a-vis actual delivery of goods and the impact of section 39(1) of the sale of goods act, upon article 286 of the constitution was considered by a constitution bench of the supreme court as early as in 1964 in shree ..... in an immovable property, a transfer of title in movable property, was traditionally identified by a contract followed by payment and delivery. section 32 of the sale of goods act, 1930, stipulated that the delivery of goods and payment of the price are concurrent conditions, unless otherwise agreed. the word 'delivery' itself was defined under section 2(2) of the ..... agreed to between the parties or which had the effect of putting the goods in the possession of the buyer or any person authorised by him. section 39(1) of the sale of goods act, 1930, creates a deeming fiction by holding that the delivery of the goods by the seller to a carrier, whether named by the buyer or not .....

Hybro Chains Pvt. Ltd. Vs. Asil Industries Ltd., Rep. by Its Regional ...

Court : Chennai

Reported in : (2003)3MLJ256

..... at 12% p.a. even according to the judgments cited above, the seller is always entitled to the award of interest on the price of the goods sold. but, according to the sale of goods act, the only condition for denying the interest for the seller is that there should be a contract contrary to the above perception. in this matter, ..... to pay the amount of the price. the appellant had accordingly made a claim for interest from the said date. under the provisions of section 61(2) of the sale of goods act, the appellant was clearly entitled to such interest by way of damages.' 14. in s. balasubramanian chettiar v. arvind enterprises, tirunelveli air 2001 mad 86, this court ..... appellant. the amount of interest claimed by the appellant in his plaint was not based on an agreement but was claimed by way of damages. section 61 of the sale of goods act provides for interest by way of damages and special damages. the relevant provisions of sub-section (2) of that section are as follows:- (2) in the absence .....

Sorabji Hormusha Joshi and Co. Vs. V.M. Ismail and anr.

Court : Chennai

Reported in : AIR1960Mad520

..... dominions and most of the american states re-enacted there as the uniform sales act (america).(8) the sale of goods act has been the subject-matter of extensive literature too numerous to be noted here. i have derived assistance in regard to the subject-matter of ..... of the late d. f. mulla who was then the law member of the government of india and the present sale of goods act (act iii of 1930) was enacted. it is practically based upon the english sale of goods act, 1893, which had stood the test of time and had been adopted in most of the colonies and overseas ..... the standard treatises viz., schmithhoff's sale of goods (1951) in regard to english law, williston's law governing sales of goods for american law and for our act iii of 1930, rameshwar dial's. the indian sale of goods act (1953), pollock and mulla's indian sale of goods and partnership act (1950) and g. n. sinha's sale of goods act (india and pakistan), 1957 edn .....

Sha Thilokchand Poosaji Vs. Crystal and Co., by Its Authorised Agent a ...

Court : Chennai

Reported in : AIR1955Mad481

..... the plaintiff, the appellants now seek in appeal to put forward a different set of facts and a case based upon the acceptance of the goods by them and a right to relief under section 59, sale of goods act.even assuming that they can put forward such a claim, we have shown that they cannot legally succeed on such a ground since their ..... pay the contract price less any claim for set off for the breach of warranty. section 59, indian sale of goods act does not state the principle on which such damages are to be computed, but this is set out in section53, english sale of goods act as the estimated loss directly and naturally resulting in the ordinary course of events from the breach of ..... to their possession and effect a resale in exercise of such lien.in other words, a buyer who has rejected the goods after paying for them is not an unpaid seller within the meaning of sections 45 and 46, sale of goods act so' as to have a lien on them for his purchase money. see - 'lyon's and co. v. may and .....

A.M.P. Arunachalam Vs. A.R. Krishnamurthy and ors.

Court : Chennai

Reported in : [1979]49CompCas662(Mad)

..... by which he could sell those pledged shares could also be comprehended. therefore, it becomes necessary toharmonise all the legal provisions in the companies act, in the transfer of property act and the sale of goods act and find a solution as to how best the title to get, into the register of shares of a company can be obtained, when ..... or transmission of the shares or any light annexed thereto in favour of the plaintiffs at any time and after referring to the provisions of the companies act and the sale of goods act, he would vehemently contend that there is in praesenti no light in the plaintiffs to seek for a declaration that they have secured a right over ..... after the raja has written ex, a-16, etc. in order to appreciate the contention, the correct legal position has to be understood. 11. under the sale of goods act ' goods' means: ' every kind of movable property other than actionable claims and money ; and includes stock and shares, etc.' this inclusive definition in section 2(7) of .....