Judgment Search Results Home > Cases Phrase: sale of goods act 1930 section 15 sale by description Page 1 of about 1,279 results (0.138 seconds)

M/S Sikka Promoters Pvt. Ltd. Vs. National Agricultural Cooperative Ma ...

Court : Delhi

..... to inspect the property, was by description and the option to inspect cannot change the nature of the sale. the principle enshrined in section 15 of the sale of goods act, 1930 with respect to sales by description is that the goods should correspond with the description. i fail to see why the same principle should not be applied to ..... sale of immovable properties also, in the absence of any specific provision in the transfer of property act, 1882.17. in this context ..... to resale all property and the deficiency, if any, arising from such resell, shall have to be made good by the defaulting purchaser. the defaulting purchaser shall not, however, be entitled to any advantage arising on re-sale of the property.19. the purchaser will also have to pay all taxes viz., transfer charges, house-tax, .....

JSW Steel Ltd. Vs. AI Ghuriar Iron and Steel LLC

Court : Mumbai

..... the buyer in dubai. the option is, therefore, in vain and not contemplated to supercede the right of inspection statutorily provided in section 41 of the sale of goods act. the very contention is rather impertinent. the petitioner has claimed that the right of rejection was not exercised as per the terms of the contract. under clause ..... is held to be breached. indeed that would show that the implied condition in the contract was not complied for the sale by description/specification as mentioned in section 15 of the sale of goods act. consequently upon the evidence of the respective cases of the parties the learned arbitrators came to the conclusion that the delivery ..... with the specification as to id also. 6. the respondent exercised its statutory right of examining the goods under section 41 of the sale of goods act which runs thus: 41. buyer's right of examining the goods.- (1) where goods are delivered to the buyer which he has not previously examined, he is not deemed to have accepted .....

National Traders, a Firm of Merchants in Partnership Vs. Hindustan Soa ...

Court : Chennai

Reported in : AIR1959Mad112; (1960)IIMLJ195

..... may treat it as if it had become so, and he becomes entitled to the remedies which attach to a breach of warranty.' 8. section 12 of the indian sale of goods act defines a condition and warranty section 12 (2) and (3) state:'a condition is a stipulation essential to the main purpose of the contract, the breach of which ..... as an authority on a matter which is essentially a question of fact namely whether the seller is a dealer within the terms of section 16(2) of the sale of goods act in a particular case. we hold that in the present case the respondent was a dealer in caustic soda.5. the next question is whether the ..... description in the contract, and (2) merchantablequality are embodied in sections 15 and 16 of the in-dian sale of goods act. section 15 runs as follows:'where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description .....'section 16 with reference to sub-clause (2) runs as follows:'subject 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 .....

Antony Thomas Vs. Ayuppunni Mani

Court : Kerala

Reported in : AIR1960Ker176

..... it'. (halsbury's laws of england, 2nd edition, vol. 29, page 62).7. section 15 corresponds to section 13 of the (english) sale of goods act, 1893. the meaning of the expression 'contract for the sale of goods by description' occurring in section 13 came up for consideration in varley v. whipp, (1900) 1 qb 513. channell, j., said that ..... ., held that the words as to the percentages were words of description, under section 13 of the (english) sale of goods act, 1893, that the sale was, therefore, a sale by description and that there was an implied condition that the goods must comply with the description.11. in the light of what is stated above this appeal has to be dismissed ..... of fact exceeded twenty pet cent is not in dispute before us.3. section 12 of the indian sale of goods act, 1930, deals with conditions and warranties as follows :'1. a stipulation in a contract of sale with reference to goods which are the subject thereof may be a condition or warranty.2. a condition is a stipulation .....

Reliance Industries Limited and Others Vs. State of U.P. and Others

Court : Allahabad

..... . open access system (xv) construction of agreement (xvi) whether gspa/gta are colourable device to escape tax liability? (xvii) whether movement is necessary to constitute inter-state sale (xviii) situs of the sale (xix) sales of goods act (xx) assessing authority (xxi) main judgments relied upon by the state of u.p. (xxii) american law (xxiii) finding we have heard shri abhishek manu singhvi, shri ..... of rajasthan, a division bench of rajasthan high court ruled that the gas, water and electricity are not the goods covered by the sales of goods act which applies only to goods as defined in section 2 (7) of the sales of goods act. the court held that the goods must be movable property. rajasthan high court relied upon the apex court judgment reported in air 1965 sc 666 .....

Mideast Pipeline Products Through Proprietor Maninder Singh vs.fernas ...

Court : Delhi

..... upon section 15 and section 16 of the sale of goods act, 1930, which are reproduced as under:-"that the goods shall correspond with 15. sale by description.-- where there is a contract for the sale of goods by description, there is an implied condition the description; and, if the sale is by sample as well as by description, ..... it is not sufficient that the bulk of the goods correspond with the sample if the goods ..... to quality or fitness,- subject to the provisions of this act and of any other law for the time being in force, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale, except as follows:-"(1) where the buyer, expressly .....

Sorabji Hormusha Joshi and Co. Vs. V.M. Ismail and anr.

Court : Chennai

Reported in : AIR1960Mad520

..... dominions and most of the american states re-enacted there as the uniform sales act (america).(8) the sale of goods act has been the subject-matter of extensive literature too numerous to be noted here. i have derived assistance in regard to the subject-matter of ..... of the late d. f. mulla who was then the law member of the government of india and the present sale of goods act (act iii of 1930) was enacted. it is practically based upon the english sale of goods act, 1893, which had stood the test of time and had been adopted in most of the colonies and overseas ..... the standard treatises viz., schmithhoff's sale of goods (1951) in regard to english law, williston's law governing sales of goods for american law and for our act iii of 1930, rameshwar dial's. the indian sale of goods act (1953), pollock and mulla's indian sale of goods and partnership act (1950) and g. n. sinha's sale of goods act (india and pakistan), 1957 edn .....

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 .....

Sha Thilokchand Poosaji Vs. Crystal and Co., by Its Authorised Agent a ...

Court : Chennai

Reported in : AIR1955Mad481

..... the plaintiff, the appellants now seek in appeal to put forward a different set of facts and a case based upon the acceptance of the goods by them and a right to relief under section 59, sale of goods act.even assuming that they can put forward such a claim, we have shown that they cannot legally succeed on such a ground since their ..... pay the contract price less any claim for set off for the breach of warranty. section 59, indian sale of goods act does not state the principle on which such damages are to be computed, but this is set out in section53, english sale of goods act as the estimated loss directly and naturally resulting in the ordinary course of events from the breach of ..... to their possession and effect a resale in exercise of such lien.in other words, a buyer who has rejected the goods after paying for them is not an unpaid seller within the meaning of sections 45 and 46, sale of goods act so' as to have a lien on them for his purchase money. see - 'lyon's and co. v. may and .....