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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1955Mad271
..... ). section 15 lays down that a contract for sale of goods may be (i ..... sale of goods act are sections 15, 16 and 41. (for section 15 analogous law: section 13 english sale of goods act; section 113 indian contract act, 1872; for 'section 16, section 14, english sale of goods act, 1893 and sections 110-111, 114-115, indian contract act, 1872; for section 41, section 39 english sale of goods act, section 38(2), indian contract act ..... by the seller. deli-very to the buyer does not necessarily mean that he has accepted the goods. he is required to accept the goods under section 42 of the indian sale of goods act only after he has actually examined them, or, at any rate, had a reasonable opportunity of examining .....
Tag this Judgment!Court : Chennai
Reported in : 1994(46)ECC48; 1995(79)ELT387(Mad); (1992)IIMLJ159
..... baldeoprasad : air1955mad271 and in sorabji h. joshi & company v. v. m. ismail : air1960mad520 . the learned counsel further relies upon chalmers 'sale of goods' and refers to section 40 of the sale of goods act to substantiate his contention. the sum and substance of the argument of the learned counsel appearing for the petitioner-devasthanam is that insofar as there is ..... re-vest with the second respondent on the fact of the case. the learned counsel refers to the effect of section 45 of the sale of goods act and contends that since the goods are routed out through the state trading corporation, the contract is made by the state trading corporation with foreign seller and it is done ..... defect and the extent of examination needed for its discovery and it is a question of fact in each case. section 41 of the sale of goods act reads as follows :- '(1) where goods are delivered to the buyer which he has not previously examined, he is not deemed to have accepted them unless and until he has .....
Tag this Judgment!Court : Chennai
Reported in : (1992)2MLJ159
..... m.w.n. 279 : : air1955mad271 and sorabji h.joshi & company v. v.m. ismail : air1960mad520 . the learned counsel further relies upon 'chalmers sale of goods' and refers to section 40 of the sale of goods act to substantiate his contention. the sum and substance of the argument of the learned counsel appearing for the petitioner-devasthanam is that in so far as ..... not re-vest with the second respondent on the facts of the case. the learned counsel refers to the effect of section 45 of the sale of goods act and contends that since the goods are routed out through the state trading corporation, the contract is made by the state trading corporation with foreign seller and it is done only ..... the defect and the extent of examination needed for its discovery and it is a question of fact in each case. section 41 of the sale of goods act reads as follows:.(1) where goods are delivered to the buyer which he has not previously examined, he is not deemed to have accepted them unless and until he has had .....
Tag this Judgment!Court : Chennai
Reported in : 1998(3)CTC518
..... hessian when the pucca delivery orders were issued, the requirement is not satisfied. here the contracts were for the sale of unascertained goods by description. section 23 of the sale of goods act provides that in such cases, if goods of that description and in a deliverable state are unconditionally appropriated to the contract by the seller with the ..... seller or buyer should do, he would rely on section 2(4) of the sale of goods act and would state that the goods are in a 'deliverable state'. he would further rely on section 22 of the sale of goods act, which deals with 'specific goods in a deliverable state, when the seller has to do anything thereto in order to ..... the contract therefore represented by the pucca delivery orders is a contract for the sake of unascertained goods and no property in the goods is transferred to the buyer in view of s. 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 actual .....
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad932; (1954)IIMLJ326
..... argument, which is also another aspect of the first point, was that the impugned provision is repugnant to the sale of goods act, and under section 107(2) of the government of india act, the sale of goods act should prevail over the provincial law, in the absence of the assent of the governor general.5. the legislative power of ..... above referred to.as in the present case the power of the provincial legislature is derived exclusively from item 48 in the provincial list, and as the sale of goods act, or an existing law related to an item in the concurrent list, the subject-matters of the two enactments were entirely different, and therefore, the ..... 1953crilj1105 .4. the argument now before us was two-fold. in the first place, it was contended that this provision is repugnant to the provisions of the sale of goods act, and therefore, should not prevail, as the previous sanction of the governor general was not obtained for enacting the amendment, that was introduced in 1947. the second .....
Tag this Judgment!Court : Chennai
Reported in : (1999)1MLJ487
..... when the pucca delivery orders were issued, the requirement is not satisfied. here the contracts were for the sale of unascertained goods by description. section 23 of the sale of goods act provides that in such cases, if goods of that description and in a deliverable state are unconditionally appropriated to the contract by the seller with the ..... seller or buyer should do, he would rely on section 2(4) of the sale of goods act and would state that the goods are in a 'deliverable state'. he would further rely on section 22 of the sale of goods act, which deals with 'specific goods in a deliverable state, when the seller has to do anything thereto in order ..... 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 .....
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!