Judgment Search Results Home > Cases Phrase: sale of goods act 1930 section 10 agreement to sell at valuation Page 5 of about 1,088 results (0.127 seconds)

Jacob Philip and ors. Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : AIR1985Ker255

..... later date depending on the priorities in making the payments. under section 23 of the sale of goods act where there is a contract for the sale of unascertained or future goods by description, the property in the goods passes to the buyer when goods of that description in a deliverable state are unconditionally appropriated to the contract. the present ..... k.n. narayana kaimal appearing for one of the petitioners in this batch relies on section 34 of the sale of goods act in support of the proposition that if there is part-delivery, the property in the goods passes to the purchaser. section 34 has no application to the present case for, there had been no ..... cases will fall under section 23 of the sale of goods act as the contract related to unascertained as well as future goods by description. none of the petitioners has a case that the goods for delivery had been ascertained and put in a deliverable state to be appropriated towards the .....

P.V. Beedies (Private) Ltd. Vs. the State of Mysore and ors.

Court : Karnataka

Reported in : [1963]14STC139(Kar)

..... a price paid by the buyer to the seller. although the word 'price' is not defined by the sales tax act, it is defined by the sale of goods act. section 2(10) of the sale of goods act defines 'price' as 'money consideration for a sale of goods'. 17. it is thus clear that before it can be said that the excise duty paid by the ..... then become an insolvent, the seller could, claiming to be an unpaid seller within the meaning of that expression occurring in section 45 of the sale of goods act, claim the right to stop the goods in transit for the reason that the excise duty had not been paid by the buyer, since the seller would be an unpaid seller. 31. ..... this question involves a reference to the relevant provisions of the central excises and salt act, 1944, the madras general sales tax act and the sale of goods act. 5. section 3(1) of the central excises and salt act provides that duties of excise on all excisable goods other than salt which are produced or manufactured in india and a duty on salt .....

M/S Kumar Industries vs.suresh Kumar Mittal

Court : Delhi

..... defective materials which were claimed to have been returned by the appellant/defendant, owing to the fact that section 42 of the sale of goods act, 1930 provides that goods are deemed to be accepted if rejection of the goods is not communicated in reasonable period of time. it is noted that for the first bill no.01 dated 15.05.2000, ..... on 30.10.2000. admittedly, in these periods of 30 days after receipt of the goods, no intimation has been proved by the appellant/defendant which they have served upon the respondent/plaintiff in terms of section 42 of sale of goods act about the goods supplied by the respondent/plaintiff to the appellant/defendant of being defective. even the so-called ..... and the date of 30.03.2001 is not a reasonable period as per section 42 of the sale of goods act, and therefore, the trial court in my opinion has rightly held that the appellant/defendant is deemed to have accepted the goods.7. in view of the aforesaid discussion, i do not find any merit in the appeal. the .....

Nanalal M. Varma and Co. (P.) Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : [1969]73ITR713(Cal)

..... he then was) speaking for the supreme court observes:' a delivery order is a document of title to goods (vide section 2(4) of the sale of goods act), and the possessor of such a document has the right not only to receive the goods but also to transfer it to another by endorsement or delivery. at the moment of delivery by the mills ..... be in the possession of a third person as bailee for 1he seller, and after sale such third person may attorn to the buyer and continue to hold them as his bailee: vide chalmers' sale of goods act, 1893, 15th edition, at page 195. in other words, ' actual delivery ' means real or physical delivery. all other forms of delivery would be constructive ..... of opinion, that a delivery of a p. d. 0. cannot be ' actual delivery ' within the meaning of explanation 2 to section 24(1) in a contract for sale of goods intended to be delivered. a similar view was taken by this court in d. m. wadhwana v. commissioner of income-tax on which the appellate tribunal has relied. in .....

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 .....

M/S Upvan Steel Tubes Pvt. Ltd. and Another Vs. M/S Tube Investments o ...

Court : Delhi

..... medispere marketing pvt. ltd. 2005 ii ad (delhi) 604 wherein it has been held that as per the mandate of section 41 of the sale of goods act, the defendant not having inspected the goods in question prior to delivery, had a right to inspect the case on delivery and report defects within a reasonable time of delivery. if not rejected ..... this period, and much less for all the invoices, has any letter been written by the appellant/defendant to the respondent/plaintiff of the goods being defective. as per section 42 of the sale of goods act, 1930, and which provision has also been quoted by the trial court while referring to the judgment in the case of m/s. ..... thereof from the respondent/plaintiff. in any case, as already stated above in terms of section 42 of the sale of goods act, 1930, the goods having been once accepted there can arise no scope for contending much later that the goods were defective. 8. the second argument on behalf of the appellant of there being a settlement between the .....

K. Arumugam Etc. Etc. Vs. Union Of India And Ors. Etc.

Court : Supreme Court of India

..... not in the purchaser's possession. the right would fall squarely within the definition of an actionable claim and would therefore be excluded from the definition of goods under the sale of goods act and the sales tax statutes. this was also accepted in h. anraj [(1986) 1 scc414:1986. scc (tax) 190]. when the court said that to the ..... which was initially sought to be covered under sub-clause (i) thereof but could not be by virtue of the definition of goods under the very same act read with section 2(7) of the sale of goods act, 1930. the mere insertion of an explanation cannot make an activity a taxable service when it is not covered under the main ..... marketing of service provided by the client. 6.9 the definition of goods has also been noted in clause (50) of section 65 of the finance act, 1994 which refers to clause (7) of section 2 of the sale of goods act, 1930. the expression goods under the sale of goods act expressly excludes actionable claims as well as money. this court in sunrise .....

Frexton Cables (India) Vs. Commissioner of Central Excise,

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2002)(81)ECC372

..... where parties have entered into a contract containing terms which would go against the general ruling 'risk follows the property' as contemplated by section 26 of the sale of goods act, 1930.12. property in the goods was passed on to the buyer at delhi/new delhi which is the place of removal in terms of section 4 of the central excise ..... that in the light of the terms of the contract the general rule that risk follows property cannot be applied here. as envisaged in section 26 of the sale of goods act in terms of the agreement between the parties the seller can retain a risk which would entitle him to have an insurable interest in the ..... the buyer in terms of the provisions contained in section 23 of the sale of goods act. when the goods are handed over to the carrier for being transported to the buyer delivery of the goods to the buyer takes place as provided under section 39(1) of the sale of goods act. such delivery namely transfer of possession to the buyer would satisfy the definition .....

Satya Developers Pvt Ltd. and Another Vs. Pearey Lal Bhawan Associatio ...

Court : Delhi

..... service tax, it will be presumed that the same has been passed over to the service recipient. 23. based on the rule of equity similar provision exists in the sales of goods act, 1930, that is, section 64a. the supreme court in the decision reported as 2007 (8) scc 466 numaligarh refinery ltd.vs.daelim industries co.ltd held that ..... a party under the contract to be borne by such party. mr.balbir singh, senior advocate points out that pursuant to the 8th report of the law commission goods under the sales of goods act, 1930 were provided to include the electricity, gas and water and amendments were also brought by insertion of section 64a by replacing section 10 of the tariff ..... . it is undoubtedly a rebuttable presumption but the burden of rebutting it lies on the person who claims the refund. it is stated that section 64a of the sales of goods act is based on rule of equity. service tax being an indirect tax it is possible that it may be passed on. further the statutory provision can be of .....

Nitya Electrocontrols Pvt. Ltd. Vs.unique Engineers Private Ltd.

Court : Delhi

..... rejected on the premise that they were defective/sub- standard is clearly fatal to the projected defense in the context of statutory law being section 41 and 42 of the sale of goods act. learned counsel for respondent has referred to various judgments 9. vis; m. sampth vs. a.k.m.n. cylinders pvt ltd: (1999) 98 company cases 777 (clb); pradeshiya ..... after two and a half year of supplies to stall just payments has no meaning at all.7. section 41 and section 42 of the sales of goods act gives a right to purchaser to inspect the goods before accepting it and if he does not raise any objection qua its quality or of short supply within a reasonable time the seller shall be ..... deemed to have accepted the goods without demur. reasonable time is a question of fact, per section 63 of the sales of goods act, which cannot be so long as claimed by the respondent. co.pet. no.896 of 2016 page 4 of 8 8. .....