Judgment Search Results Home > Cases Phrase: sale of goods act 1930 section 10 agreement to sell at valuation Sorted by: old Court: supreme court of india Page 1 of about 267 results (0.462 seconds)

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, .....

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 .....

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 .....

The Bharat Bank Ltd., Delhi Vs. the Employees of the Bharat Bank Ltd., ...

Court : Supreme Court of India

Reported in : [1950]SuppSCR317

..... true that enforcement provisions are found......... but all this was in imitation of the state acts of arbitration, and not in reliance on the judicature chapter of the federal constitution. the arbitral portion of the act is, in our opinion, perfectly good, subject to its severability from any other portion which may be bad.'45. it was ..... argued that the industrial tribunal here was an arbitration of the same kind as in australia and exercises similar functions. it is, however, pertinent to observe that the phraseology employed in section 15 of the indian act ..... 's organisation on the other and the industrial tribunal has got to arrive at some equitable arrangement for averting strikes and lock outs which impede production of goods and the industrial development of the country. the tribunal is not bound by the rigid rules of law. the process it employs is rather an extended .....

Ram Krishna Ramnath Agarwal of Kamptee Vs. Secretary, Municipal Commit ...

Court : Supreme Court of India

Reported in : AIR1950SC11; 1978(2)ELT284(SC); [1950]1SCR15

..... (1)(e) of the central provinces municipalities act, 1922, runs as follows :- 'an octroi on animals, or goods brought within the limits of the municipality for sale, consumption or use within those limits;'the words 'excisable goods' and 'manufacture' are defined in section 2 of the central excises and salt act, 1944, as follows :- 2. (d) 'excisable goods' means goods specified in the first schedule as being ..... legislature impose a tax on the sale of the same goods when manufactured.' 6. this discussion clearly shows that the relevant question is what is the nature of the tax. excise duty is a tax on manufactured goods. octroi duty is a tax levied on the entry of goods within a particular area. under the excise act, tobacco becomes excisable goods within the meaning of item .....

Abdulla Ahmed Vs. Animendra Kissen Mitter

Court : Supreme Court of India

Reported in : AIR1950SC15; [1950]1SCR30

..... the purchasers contains detailed stipulations on all these and other matters. mr. setalvad laid stress on the statement in the commission note that the sale was to be free from encumbrances and that a 'good title' would be made out, but this is no more than a general indication of the matter of the bargain proposed and is perfectly ..... please note that this letter of authority will remain in force for a fortnight only to complete the transaction; after that this letter will stand cancelled.' 41. the agent acting on this authority sold the property. on receipt of this letter the vendor informed the agent that he would not sell the land. on the acceptance of the agent ..... concluded with the purchaser, the event has happened upon the occurrence of which a right to the promised commission has become vested in the agent. from that moment no act or omission by the principal can deprive the agent of his vested right.' applying that principle, (even if the commission note in the present case were to be .....

Sheth Maneklal Mansukhbhai Vs. Hormusji Jamshedji Ginwalla and Sons

Court : Supreme Court of India

Reported in : AIR1950SC1; (1950)52BOMLR521; (1950)IIMLJ344(SC); [1950]1SCR75; [1950]SuppSCR75

..... perusal of this correspondence the facts recited in para. 2 of the plaint could not have been mentioned in the plaint. once it is held that ex. 181 is good secondary evidence of the agreement of lease, there can then be no hesitation in holding that by an offer and an acceptance made in writing and signed by the ..... it in favour of the defendant. the defendant advanced a substantial sum on security of the property to the lessee. the equity of redemption was sold at an auction sale. the defendant and his predecessor in interest were willing to perform their part of the contract. as a matter of fact, they have performed the whole of it. ..... which the suit lands are situate. by government resolution no. 8179, dated 30th august 1912, the estate was taken under government management under section 28 of the gujarat talukdars act (bombay act vi of 1888). the firm of shah manilal maganlal and bros. (predecessors in interest of the appellant) desired to erect a ginning factory on survey nos. 223, 225, .....

Commissioner of Income-tax, Bombay Vs. Ahmedbhai Umarbhai and Co., Bom ...

Court : Supreme Court of India

Reported in : [1950]18ITR472(SC)

..... at that place is to confuse the idea of receipt of income and realization of profits with the idea of the accrual of profits. the act of sale is the mode of realizing the profits. if the goods are sold to a third person at the mill premises no one could have said that these profits arose merely by reason of the ..... tax commission . the case arose out of the assessment of the profits of a non-resident to income-tax, under a provincial income-tax act in respect of the profits arising from the sale within the province of goods manufactured outside the province. the tax was leviable, in the case of a non-resident person, on the 'net profit or gain arising ..... place of receipt of profits. profits are not wholly made by the act of sale and do not necessarily accrue at the place of sale. act of sale is the culminating process in the earning of profits but it goes without saying that the act of sale could not be performed unless the goods were produced at raichur and it would be wrong from a business .....

Commissioner of Income-tax, Bombay Vs. Ahmedbhai Umarbhai and Co., Bom ...

Court : Supreme Court of India

Reported in : AIR1950SC134; (1950)52BOMLR719; [1950]181ITR472(SC); [1950]1SCR335

..... at that place is to confuse the idea of receipt of income and realization of profits with the idea of the accrual of profits. the act of sale is the mode of realizing the profits. if the goods are sold to a third person at the mill premises no one could have said that these profits arose merely by reason of the ..... c. 36. the case arose out of the assessment of the profits of a non-resident to income-tax, under a provincial income-tax act in respect of the profits arising from the sale within the province of goods manufactured outside the province. the tax was leviable, in the case of a non-resident person, on the 'net profit or gain arising from ..... place of receipt of profits, profits are not wholly made by the act of sale and do not necessarily accrue at the place of sale. act of sale is the culminating process in the earning of profits but it goes without saying that the act of sale could not be performed unless the goods were produced at raichur and it would be wrong from a business point .....

Nanalal Zaver and anr. Vs. Bombay Life Assurance Co. Ltd. and ors.

Court : Supreme Court of India

Reported in : AIR1950SC172; (1950)52BOMLR745; [1950]20CompCas179(SC); [1950]1SCR391

..... , who are not yet shareholders but are strangers, does not prejudicially affect the company of the existing shareholders and the presence of such further motive cannot vitiate the good motive of finding the necessary funds for the company. in my judgment it is impossible to hold that the issue of fresh shares, was, in the circumstances, ..... offered could be taken up by them. in other words, it was contended that the section not only fetters the powers of the directors in the matter of sale of shares but it also restricts their discretion in the matter of increase of capital and as to the number of further shares. this contention, if accepted, would ..... the shares offered, the directors may dispose of the same in such manner as they think most beneficial to the company.'this section was added to the indian companies act in 1936. 48. the first question is whether the section contemplates increase of capital above the authorised limit, or only below the authorised limit. learned attorney-general .....