Judgment Search Results Home > Cases Phrase: sale of goods act 1930 section 10 agreement to sell at valuation Page 3 of about 1,088 results (0.192 seconds)

Raghava Menon Son of Kasturi Narayani Amma Vs. Kuttappan Nair, Proprie ...

Court : Kerala

Reported in : AIR1962Ker318

..... aforesaid circumstances, i am of theopinion that the defendant is bound to replace the watchunder the guarantee certificate and is liable for damagesfor breach of warranty under the sale of goods act. therefore, the civil revision petition is allowed and the defendant is directed to supply another kenson dayter wrist-watchand chain of the description of the watch and ..... watch from them, not for any special purpose, but for the common purpose of knowing the correct time. in such a case. section 16(1] of the sale of goods act must apply, because the buyar makes known to the seller, by implication, the purpose for which he purchases the watch and also relies on the seller's ..... may do so by an express warranty or condition; and that is what obtains in this case in the guarantee certificate. moreover, under section 16 of the indian sale of goods act two or three exceptions are also recognised to the rule of caveat emptor. the first is contained in sub-section (i) of section ib, which provides that .....

Pranlal Jayanand Thakar Vs. Vasudev Ramachandra Shelat and ors.

Court : Gujarat

Reported in : [1973]43CompCas203(Guj); (1973)0GLR363

..... be goods, they are included in the enlarged definition of the word ..... the articles of the company. under the old indian contract act, sections which were in existence prior to the enactment of the indian sale of goods act, shares were goods and under section 2(7) of the indian sale of goods act, 1930, stocks and shares are included in the definition of goods. thus, by virtue of the indian sale of goods act, section 2(7), though stocks and shares may not .....

Hindustan Machine Tools Ltd. Vs. the Nedungadi Bank Ltd.

Court : Karnataka

Reported in : AIR1995Kant185; ILR1994KAR2441; 1994(3)KarLJ555

..... hypothecate is not entitled to any protection under section 30(1) of the sale of goods act. in the view, i have taken, it is impossible to hold that 'other disposition' in section 30(1) covers hypothecation as well. it is strenuously contended that 'other ..... two are the same. but the fact of possession gives the pledgee a property in the goods and this makes the difference between pledge and hypothecation to be vital for the purpose of section 30(1) of the sale of goods act. transfer by way of'sale, pledge or other disposition' referred to in section 30(1) has reference to property right ..... acquires no property right, what protection he can get under section 30(1) of the sale of goods act it is not to be forgotten that thehypothecate has not only no interest in the goods hypothecated, he has not even the right to get possession of the goods. having no right of property not even right to possession, i apprehend that a .....

Pramatha Nath Talukdar Vs. Maharaja Probirendra M. Tagore and ors.

Court : Kolkata

Reported in : AIR1966Cal405

..... and commerce would be seriously hampered. the rigidity of the rule has therefore been relaxed and sections 27 to 30 of the sale of goods act have been enacted whereby a transferee of goods acquires good title in the goods though his transferor had no title to convey. the sections lay down under what circumstances and under what limitations a person without ..... no right of properly not even right to possession, i apprehend that a hypothecatee is not entitled to any protection under section 30(1) of the sale of goods act. in the view, i have taken, it is impossible to hold that 'other disposition' in section 30(1) covers hypothecation as well. if is strenuously contended that ' ..... is entirely a different question and may have to be considered later. but there is no doubt in my mind that such a sale was not intended tobe protected by section 30(1) of the sale of goods act. it is contended however that in the instant case, the decree is by consent and pursuant to the consent decree the receiver .....

Maheswari and Co. Pvt. Ltd. and anr. Vs. the Corporation of Calcutta

Court : Kolkata

Reported in : AIR1975Cal165

..... 2 of the code of civil procedure to have an order as asked for in this application. in this connection, my attention was drawn, firstly, to section 58 of the sale of goods act. the said section of the sale of goods act, in my opinion, deals with the converse case, that is to say it deals with a case of purchaser of specific ..... that the case of a seller was also intended to be covered by it. therefore, in that view of the matter, i am of opinion that section 58 of the sale of goods act cannot be of any assistance to the applicant. counsel for the applicant drew my attention to the provisions of section 10 of the specific relief ..... my opinion, the applicant is not entitled to draw support from the provisions of section 58 of the sale of goods act, firstly, because on principle the position of purchaser of certain goods was entirely different to that of a seller in respect of these goods. secondly, the statute in expressed terms deals with the case of a purchaser and does not provide the case .....

Ramdeo and ors. Vs. Firm Birdhichand Sumermal and ors.

Court : Rajasthan

Reported in : 1970WLN133

..... the learned senior civil judge in that respect cannot be accepted for there is no evidence to support this part of usage. section 32 of the sales of goods act, however, lays down that the delivery of goods and the payment of price are concurrent conditions and therefore the price is payable at the time of the delivery. we therefore hold as a matter ..... . we are unable to agree with the finding of the learned senior civil judge on issue no. 5.we may refer to to following provisions of law:sales of goods act.section 31--it is the duty of the seller to deliver the goods and of the buyer to accept and pay for them, in accordance with the terms of the contract of ..... sale.section 32.--unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions, that is to say, the seller shall be ready and willing to .....

Thyssen Krupp Materials Ag vs.the Steel Authority of India

Court : Delhi

..... the hands of the buyer or into the hands of a sub-buyer to whom they are directly dispatched. similarly, in the context of the sale of goods act, 1930, it has been noted in pollock & mulla, the sale of goods act, (9th ed. 2014), p. 419: ..(in f.o.b. contracts) although the place for examination is usually the place of delivery, ..... as final. further, the certificate cannot take away sail's liability in respect of latent defects and breaches of specification in view of sections 15, 16 and 17 of the sale of goods act, 1930. counsel relies on firm of shivallingappa shankarappa mendse v joint family firm of ck. balakrishna chettiar, air1962mad 426 and shri lal mahal ltd. vs. progetto grano spa ..... was not in compliance with either the express terms of the contract and/or the implied terms such as those enshrined in sections 15, 16 and 17 of the sale of goods act. the first lot, which arrived in the united states, was rejected by the buyers and was to be sold by way of salvage, which caused a loss .....

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 .....

J.R. Srinivasa Vs. Sree Gururaja Enterprises P. Ltd.,

Court : Karnataka

..... from the date on which the price was payable. the interest amount can be determined by the company court in exercise of the power under the provisions of the sale of goods act or on the principles underlying the said provisions. learned counsel for the company relies upon a decision of allahabad high court in ultimate advertising and marketing vs. g.b ..... interest and direct winding up of the company on its failure to make payment of such amount. reference may also be made to s.61(2)(a) of the sale of goods act, 1930 which inter-alia, provides that in the absence of a contract to the contrary the court may award interest at such rate as it thinks fit on ..... the other hand, the respondent has denied its liability to pay interest. interest cannot be claimed or awarded under s.62(1)(a) of the sale of goods act and/or s.3 of the interest act as these proceedings are not proceedings for recovery of money. therefore, this court cannot hold in these proceedings that the respondent is due to the .....

Mr. j.r. Srinivasa, 35 Yrs Vs. Sree Gururaja Enterprises P Ltd

Court : Karnataka

..... from the date on which the price was payable. the interest amount can be determined by the company court in exercise of the power under the provisions of the sale of goods act or on the principles underlying the said date of order: friday, 22.07.2016 cop2662013 mr j r srinivasa vs sree gururaja enterprises pvt ltd 18/23 provisions. learned ..... interest and direct winding up of the company on its failure to make payment of such amount. reference may also be made to s.61(2)(a) of the sale of goods act, 1930 which inter-alia, provides that in the absence of a contract to the contrary the court may award interest at such rate as it thinks fit on the ..... on the other hand, the respondent has denied its liability to pay interest. interest cannot be claimed or awarded under s.62(1)(a) of the sale of goods act and/or s.3 of the interest act as these proceedings are not proceedings for recovery of money. therefore, this court cannot hold in these proceedings that the respondent is due to the petitioner .....