Judgment Search Results Home > Cases Phrase: sale of goods act 1930 section 15 sale by description Court: delhi Page 1 of about 114 results (0.186 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, .....

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 .....

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 .....

Uoi (thr.g.m.northern Railway) vs.mohammad Akhtar & Anr.

Court : Delhi

..... which trees fell within that description. till this was ascertained, they were not ascertained goods , within section 19 of the sale of goods act. 19. similarly, in the context of section 58 of the sale of goods act, 1930, p. ramanathan aiyar defines ascertained goods as goods, the identity of which have by some means or another been determined . reference, to ..... 3 scc23 though rendered in the context of section 19 of the sale of goods act, 1930, are also instructive: it is true that trees which are agreed to be severed before sale or under the contract of sale are goods for the purposes of the sale of goods act. but before they cease to be proprietary right or interest in proprietary ..... the statutory, and precedential law, under the sale of goods act, 1930, is not being made so as to draw some kind of analogy between the pension rule, and the said act. what is being sought to be emphasised is that, jurisprudentially, the concept of w.p.(c .....

The Director Aiims vs.m/s Amtrak Technology Pvt. Ltd. & Anr

Court : Delhi

..... discussion i do not find any merit in the appeal because respondent no.1/plaintiff was entitled to interest for delayed payment in view of the section 61 of the sale of goods act. there is no dispute and doubt that the payment of the invoices were made with delay and the issue before the trial court was only for claim of interest ..... the door of rfa no.1010/2017 page 5 of 8 respondent no.1/plaintiff. trial court has also, in my opinion, rightly relied upon section 61 of the sale of goods act, 1930 which provides that in case of delay of making of payment the seller is entitled to interest for the delay in payment. these aspects are noted by the trial ..... been supplied but the price is not paid, it might be useful to refer to section 61 of the sale of goods act which is reproduced as under:"61. interest by way of damages and special damages.-. (1) nothing in this act shall affect the right of the seller or the buyer to recover interest of special damages in any case where by law .....

Siel Ltd., Modi Sugar Industries and Rb NaraIn Singh Sugar Mills and a ...

Court : Delhi

Reported in : 114(2004)DLT446; (2004)138PLR51

..... for the petitioner referred to the provisions of the sale of goods act, 1930 (hereinafter referred to as 'the said act'). section 23 of the said act is as under: ''23. sale of unascertained goods and appropriation.-- (1) where there is a contract for the sale of unascertained or future goods by description and goods of that description and in a deliverable state are ..... buyer. 15. it is also convenient to refer to the provision of section 23(2) of the indian sale of goods act, 1930. this sub-section provides that: ''(2) where, in pursuance of the contract, the seller delivers the goods to the buyer or to a carrier or other bailee (whether named by the buyer or not) for ..... may be made to section 39(1) of the said act. considering the aforesaid provisions of the sale of goods act, 1930 as well as the terms and conditions of delivery i.e. 'f.o.r. jodhpur' the irresistible conclusion that follows is that the property in the goods together with the risk passed from the seller to the .....

Shri Rathi Steel Limited Vs. M/S. S and S Technocrats (P) Ltd.

Court : Delhi

..... them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them. 18. as per section 41 of the sale of goods act, 1930, if the goods delivered to the buyer have not been previously examined, he cannot be said to have accepted the same, unless he had a reasonable opportunity of examining them for ..... gurgaon.17. at this juncture, i would like to refer to the provisions of section 41 to section 43 of the sale of goods act, 1930. the same reads as under: 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 them unless and until ..... its quality can easily be ascertained either by the party concerned or by any agent appointed by the party. thus, in view of section 42 of the sale of goods act, in the absence of any grievance or intimation about the quality of goods within a reasonable time, which time in the instance case cannot be more than a couple of weeks, the .....

Prakash Industries Limited vs.sarve Kirti Kumar Sharma

Court : Delhi

..... page 7 of 10 7. in addition to the reasoning of the trial court, i would also seek to refer to section 42 of the sales of goods act, 1930 and as per this section if the goods are consumed by the buyer and not returned back to the seller within a reasonable time then the buyer is deemed to have accepted the ..... goods. as per section 42 of the sale of goods act, only within a reasonable time the buyer should inform the seller that he has rejected the goods otherwise the goods have to be taken to be accepted. in the present case, it is noted that no ..... by the plaintiff belatedly and could have intimated the plaintiff that the defendant had rejected the goods due to non adherence to the time schedule as required under section 43 of the sales of goods act, 1930. once the defendant has consumed the goods supplied by the plaintiff, the (underlining added) defendant is bound to pay the price of the same. 6. i .....

Pawan Hans Helicopters Ltd. Vs. Aes Aerospace Ltd.

Court : Delhi

Reported in : 2008(2)ARBLR63(Delhi); 2008(103)DRJ174

..... property in them would not pass to the respondent and would continue to vest in the petitioner. in the light of section 19 of the sale of goods act, 1930, it can be safely concluded, at this stage, that the property was intended to pass only upon the full payment of gbp 9,00,000 by the respondent to ..... in the control of the petitioner. thereforee, it must be concluded that the petitioner had parted with possession of the goods.20. section 51 of the sale of goods act, 1930 deals with the duration of transit. sub-section (1) provides that the goods are deemed to be in the course of transit from the time when they are delivered to a carrier or other ..... , inter alia, the whole of the price has not been paid or tendered. the petitioner has not received the agreed sale price of gbp 9,00,000. clearly, the petitioner is an unpaid seller within the meaning of the sale of goods act, 1930.19. as regards the question of possession, whether m/s fly jac forwarders transporters and m/s sagar warehousing .....

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 .....