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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1939Bom435; (1939)41BOMLR609
..... business of a mercantile agent. for these reasons, if necessary, i would hold that defendant no. 4 was not protected under section 27 of the sale of goods act because there was want of good faith on his part in the transaction.25. in exhibit a at the time of putting his signature defendant no. 1 had added the word 'jangad ..... given jangad, i.e. for approval by a prospective customer or to be shown for approval. to such a case neither section 24 nor section 27 of the sale of goods act applies, and the extent of the authority of the agent depends on the terms of his agency, and the provisions governing the relations of principal and agent as ..... therefore does not govern the facts of this case. i think the discussion in that judgment about the applicability of section 24 of the sale of goods act, when goods are received on jangad terms, requires an explanation. goods or jewellery may be delivered by the owner to the buyer, with the intention that he may inspect the same and ultimately purchase it .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2004)85TTJ(Mum.)821
..... ownership in the shares under consideration. thus, the shares have been transferred to m/s arvi associates as per the provisions of law. the provision of sale of goods act, 1930, relied upon by the learned departmental representative are moreover in favour of the assessee. the genuineness of this transaction, therefore, cannot be challenged.50 ..... by the assessee-company. in this connection, we would like to refer to some of the provisions of sale of goods act. section 2(4) of the sale of goods act, 1930, pertaining to definitions reads as follows : "document of title of goods includes a bill of lading, dock-warrant, warehouse keeper's certificate, wharfingers' certificate, railway receipt, ..... with the transfer process itself. so far as the transfer of shares is concerned, the same is guided solely by the provisions of sale of goods act, 1930, and the companies act merely provides for the mechanism in which such shares already transferred in the eyes of law, will be mutated in the books of the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2006)8SOT532(Mum.)
..... in the books of the assessee, this amount was shown to be recovered from the partnership firm. according to provisions of section 20 of the sales of goods act, if the goods are identified and parties intend to pass the property to the buyer, the payments can be deferred. but, in the instant case, necessary entries ..... in the shares under consideration. thus, the shares have been transferred to m /s. arvi associates as per the provisions of law. the provision of sale of goods act, 1930 relied upon by the learned departmental representative are moreover, in favour of the assessee.the genuineness of this transaction, thereforc, cannot be challenged.50. ..... the assessee-company. in this connection, we would like to refer to some of the provisions of sale of goods act. section 2(4) of the sale of goods act, 1930 pertaining to definitions reads as follows: '"document of title of goods" includes a bill of lading, dock-warrant, warehouse keeper's certificate, whare fingers 'certificate, railway receipt .....
Tag this Judgment!Court : Delhi
Reported in : 2008(2)ARBLR63(Delhi); 2008(103)DRJ174
..... property in them would not pass to the respondent and would continue to vest in the petitioner. in the light of section 19 of the sale of goods act, 1930, it can be safely concluded, at this stage, that the property was intended to pass only upon the full payment of gbp 9,00,000 by the respondent to ..... in the control of the petitioner. thereforee, it must be concluded that the petitioner had parted with possession of the goods.20. section 51 of the sale of goods act, 1930 deals with the duration of transit. sub-section (1) provides that the goods are deemed to be in the course of transit from the time when they are delivered to a carrier or other ..... , inter alia, the whole of the price has not been paid or tendered. the petitioner has not received the agreed sale price of gbp 9,00,000. clearly, the petitioner is an unpaid seller within the meaning of the sale of goods act, 1930.19. as regards the question of possession, whether m/s fly jac forwarders transporters and m/s sagar warehousing .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
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