Judgment Search Results Home > Cases Phrase: sale of goods act 1930 section 10 agreement to sell at valuation Court: supreme court of india Page 1 of about 267 results (0.702 seconds)

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, .....

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 .....

Juggilal Kamlapat Vs. Pratapmal Rameshwar

Court : Supreme Court of India

Reported in : AIR1978SC389; (1978)1SCC69; [1978]2SCR219

..... possession. another question which was raised, whether the delivery orders concerned in that case could be called documents of title within the meaning of section 2(4) of the sale of goods act, was left open. thus, this case also does not help the appellant. bayyana bhimayya v. the government of andhra pradesh : [1961]3scr267 and state of andhra ..... for 'delivery orders' used the term in any other sense. it must therefore be held that the pucca delivery orders were not documents of title under the sale of goods act and were not in conformity with what the parties had contracted for.20. there is yet another reason why the pucca delivery orders cannot be taken as ..... parties. he further found that on the evidence adduced the custom pleaded was not proved, that the custom alleged was contrary to sections 18 and 23 of the sale of goods act, 1930, and also to the terms of the written contracts. the learned judges composing the division bench that heard the appeal from his judgment, by two separate .....

Marwar Tent Factory Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1990SC1753; JT1989(4)SC307; (1990)97PLR166; 1989(2)SCALE1149; (1990)1SCC71; [1989]Supp2SCR127; 1990(1)LC200(SC); 1990(1)WLN5

..... for the period from 1.1.1969 to 1.12.1971. it is appropriate to refer in this connection to the relevant provisions of section 61(2) of the sale of goods act, 1930 (act 3 of 1930) which reads as follows :61(2) : in the absence of a contract to the contrary, the court may award interest as such rate as it thinks ..... , it was within the discretion of the court to award interest to the plaintiff at a reasonable rate on the amount of the price under section 61(2) of the sale of goods act. the price was undoubtedly payable when the notice of demand (ex. 2) was served by the plaintiff upon the defendant and there cnn be no doubt that the rate ..... the tax on the respondent on the ground inter alia that the property in the logs passed from the respondent to the factory consignee under section 23 of the indian sale of goods act, 1930 when the logs were loaded in the wagons at railway stations within the central provinces and the railway receipts taken in the name of the factory were forwarded .....

Krishi Utpadan Mandi Samiti Ghaziabad and anr. Vs. Metal Craft and ors ...

Court : Supreme Court of India

Reported in : AIR2008SC2883; 2008(4)AWC3758(SC); 106(2008)CLT606(SC); 2008(10)SCALE26; (2008)7SCC780; 2008AIRSCW4757

..... 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 ..... newspapers ltd. : [1968]2scr293 it was observed as follows:section 18 of the sale of goods act provides that where there is a contract for the sale of unascertained goods no property in the goods is transferred to the buyer unless and until the goods are ascertained. it is a condition precedent to the passing of property under a contract ..... in this connection is placed on section 18 of the indian sale of goods act, no iii of 1930. that section lays down that 'where there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained.' in the present case, as we have already .....

Central National Bank Ltd. Vs. United Industrial Bank Ltd.

Court : Supreme Court of India

Reported in : AIR1954SC181; [1954]1SCR391

..... can be rescinded at the option of the owner, the consent which followed false representation is a sufficient consent within the meaning of section 30(2) of the sale of goods act. but where the fraud induced an error regarding the identity of the person to whom or the property in respect of which possession was given, the whole thing is ..... point as to whether on the facts that transpired in evidence, the plaintiff bank was entitled to avail itself of the provision of section 30(2) of the indian sale of goods act. mr. justice sarkar of the calcutta high court, who tried the suit, decided this question in favour of the plaintiff. the learned judge was of opinion that mukherjee ..... and had actual possession of the same with the consent of the seller. consequently, the pledge would be effective under the provision of section 30(2) of the sales of goods act in the same way as if the right of the original seller did not exist. 5. the contention of the defendant bank on the other hand was that .....

Commissioner of Central Excise, Noida Vs. Accurate Meters Ltd.

Court : Supreme Court of India

Reported in : 2009(164)LC239(SC); 2009(235)ELT581(SC); JT2009(3)SC481; 2009(4)SCALE333; (2009)6SCC52; 2009(2)LC931(SC)

..... payment is to be made before despatch of the goods from the factory premises. the machinery, handed over to the carrier/transporter is as good as delivery to the buyer in terms of section 39 of the sale of goods act apart from terms and conditions of sale. section 39 of the sale of goods act reads as under:39. delivery to carrier or ..... to send the goods to the buyer, delivery of the goods to a carrier, whether ..... wharfinger: (1) where, in pursuance of a contract of sale, the seller is authorized or required .....

Jute and Gunny Brokers Ltd. and anr. Vs. the Union of India (Uoi) and ...

Court : Supreme Court of India

Reported in : AIR1961SC1214; [1962]32CompCas845(SC); [1961]3SCR820

..... are not 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 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 ..... and were therefore estopped from challenging the title of the holders of delivery orders. it also held that property in the goods could not pass by estoppel in the face of the provisions of the sale of goods act, iii of 1930. accordingly it held that it was not necessary to serve the holders of the delivery orders with ..... reliance in this connection is placed on s. 18 of the indian sale of goods act, no iii of 1930. that section lays down that 'where there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained.' in the present case, as we have already said .....

P.S.N.S. Ambalavana Chettiar and Co. Ltd. and anr. Vs. Express Newspap ...

Court : Supreme Court of India

Reported in : AIR1968SC741; [1968]2SCR293

..... of the stock of 415 tons would remain vested in the appellants. 12. section 18 of the sale of goods act provides that where there is a contract for the sale of unascertained goods no property in the goods is transferred to the buyer unless and until the goods are ascertained. it is a condition precedent to the passing of property under a contract of ..... was not a pledge of the newsprint in sheets and had no right to sell the goods under s. 176 of the indian contract act, 1872. the real question is whether the respondent had the right to resell the goods under s. 54(2) of the sale of goods act, 1930. 8. the seller can claim as damages the difference between the contract price ..... and the amount realised on resale of the goods where he has the right of resale under s. 54(2) of the sale of goods act. the statutory power of resale under s. 54(2) arises if the property in the goods has passed to the buyer subject to the lien of the unpaid seller. where .....