Judgment Search Results Home > Cases Phrase: sale of goods act 1930 section 15 sale by description Court: delhi Page 5 of about 114 results (0.102 seconds)

M/S Khanna Malleable & Ors. Vs.m/s Paras Petro Plast India (P) Ltd.

Court : Delhi

..... that they have not used the oil i.e sold the oil rfa no.740/2017 page 8 of 9 further and once that is so section 42 of the sales of goods act clearly bars the appellants/defendants from denying their liability for payment with respect to the oil received by the appellants/defendants.10. there is no merit in the appeal ..... court has rightly applied the provision of section 42 of the sale of goods act, 1930 that if a buyer does not return the goods but uses the goods then it cannot be argued by the buyer that the buyer is not liable to make payment for the goods received. section 42 of the sale of goods act reads as under:-"rfa no.740/2017 page 7 of 9 ..... 42. acceptance- the buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or when the goods have been delivered to him and he does any .....

Bhai Mehar Singh Kishan Singh, Fruit Merchants, Subzi Mandi, Delhi-7 V ...

Court : Delhi

Reported in : AIR1979Delhi158

..... be coupled with an interest so as to entitle the consignee to claim compensation. in the case of sale, it would be determined on the principles laid down in the sale of goods act. whether the property in the goods had passed to the consignee during their transit. as stated in the commissioners for the port of calcutta v. general trading ..... goods is entitled to sue for loss or damage to the goods in transit, it is not possible to lay down as a rule that the ..... corporation ltd., : air1964cal290 the consignee is presumed to be the owner of the goods though such a presumption is reputtable, because he holds the railway receipt, which is a document of title under the sale of goods act.it, thereforee, appears that beyond saying that the person who is during transit the, owner of the .....

National Fertilizers Ltd. Vs. Chemicals and Allied Industries Corporat ...

Court : Delhi

Reported in : 1998VIIAD(Delhi)334; 1998(2)ARBLR526(Delhi); 4(1998)CLT71; 75(1998)DLT552; 1999(47)DRJ64

..... raised before me by the respondent were also raised before the learned arbitrator and no consideration of the evidence on record and also the relevant provisions of the sale of goods act, the learned arbitrator gave his findings and conclusions.15. it is repeatedly held by the supreme court is various judgments that this court while deciding the ..... earlier contract entered into by the petitioner did not make any difference. the learned arbitrator also held that according to the provisions of section 59 of the sale of goods act, it is the option of the purchaser to elect to treat any breach of a condition of the contract on the part of the seller as a ..... the aforesaid decision of the petitioner to make deduction is also supported by law. the learned arbitrator also looked into the provisions of section 59 of the sale of goods act and the evidence on record and on appreciation thereof came to the conclusion that a uniform and objective formula was evolved to calculate the diminution in price .....

Devendra Kumar JaIn Vs. Polar Forgings and Tools Ltd.

Court : Delhi

Reported in : [1995]84CompCas766(Delhi); 49(1993)DLT552; 1992(24)DRJ598

..... company on its failure to make payment of such amount. reference may also be made to section 61 of the sale of goods act, 1930 which inter-alia, provides that in the absence of a contract to the contrary the court may award interest ..... payable. the interest amount can be determined by the company court in exercise of power under the provisions of the sale of goods act or on the principles underlying the said provisions. learned counsel for the company relies upon a decision of allahabad high ..... the company and specified the rate of interest at 18% p.a. due dates when the balance price of the goods was payable have also been specified. the rest is a matter of mathematical calculation and the petition for winding up ..... at such rate as it thinks fit on the amount of the price to the seller in a suit by him for the amount of the price from the date of the tender of the goods .....

Falcon Progress Ltd vs.sara International Ltd.

Court : Delhi

..... the parties were ad idem that in case of breach of agreement, the damages to be awarded were to be measured in terms of section 51(3) of the sale of goods act, 1979 (uk). the controversies raised by sara included the determination of the market value and the relevant date in reference to which the market value was to be ..... of the product under the agreement. he submitted that although the measure of damages accepted by the arbitral tribunal was apposite and in accordance with section 51 of the sale of goods act, 1979 (united kingdom), nonetheless fpl had to prove that it had incurred such damages. he submitted that since there was no evidence that fpl had procured the contracted ..... the parties had also agreed that damages were to be measured in terms of section 51(3) of the sale of goods act, 1979 (uk). ex.p. 25/2014 and ex. appl. (os) 582/2014 page 8 of 10 20. section 51 of the sale of goods act, 1979 (uk) reads as under:-" 51. damages for non-delivery. (1) where the seller wrongfully .....

Xstrata Coal Marketing Ag vs.dalmia Bharat (Cement) Ltd

Court : Delhi

..... evidence produced. in the present case, the arbitral tribunal rejected the basis for computation of damages. the arbitral tribunal had held that section 50(3) of the sale of goods act, 1979 only provided a presumptive measure of damages and the arbitral tribunal could depart from this rule in appropriate circumstances. the arbitral tribunal held that section 50(2 ..... 7.12% of the contracted value of coal) being the margin that xstrata was entitled to retain. the arbitral tribunal held that section 50(3) of the sale of goods act, 1979 provided for a presumptive measure of damages and was only a prima facie rule. the arbitral tribunal rejected the measure of damages as claimed by xstrata ..... 66,000 = us$2,348,940. xstrata made the aforesaid claim on the basis of section 50(3) of the sale of goods act, 1979 which provided that where there is an available market for the goods, the measure of damages is prima facie to be ascertained by the difference between the contract price and the market or the .....

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 .....

Mehar Singh Kishan Singh Vs. Union of India

Court : Delhi

Reported in : 15(1979)DLT217

..... be coupled with an interest so as to entitle the consignee to claim compensation. in the case of sale, it would be determined on the principles laid down in the sale of goods act, whether the property in goods had passed to the consignee during their transit. as stated in in the commission port of calcutta v general trading corporation ltd., ..... goods is entitled to sue for loss or damage to the goods in transit, it is not possible to lay down as a rule that ..... : air1964cal290 , the consignee is presumed to be the owner of the goods, though such a. presumption is rebuttible, because he holds the railway receipt, which is a document of title under sale of goods act; it thereforee, appears that beyond saying that the person who is during transit the owner of the .....

Collector of C. Ex. Vs. General Engineering Servicing

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1989)(42)ELT86TriDel

..... immovable property, it is to be stated that the term "excisable goods" under t.i. no. 68 of central excise tariff are those goods that are not specified elsewhere in the tariff. nowhere in the act it is stated that the 'goods' should be movable property. in the sale of goods act, 1930, the terms "goods" is designed as meaning every kind of movable property other than...things ..... attached or part of land. the sale of goods is not the criterion for the purpose of levy of excise duty. as per the provisions .....

Glaxo Smithkline Asia P. Ltd. Vs. Assessing Authority, Sepcial Zone Tr ...

Court : Delhi

Reported in : 141(2007)DLT353; LC2007(3)94; 2007[8]STR450

..... .10. we put it to learned counsel for the petitioner that without prejudice to his rights and contentions, a statutory appeal may be preferred under the delhi sales tax on the right to use goods act, 2002 but learned counsel for the petitioner states, on instructions that his client would not like to prefer an appeal and would willingly suffer the consequences of ..... time and rate of tax paid by it, though to the union, is about 131/2% as against a rate of tax of 4% under the delhi sales tax on the right to use goods act, 2002, the balance of convenience would be in favor of the petitioner in as much as the petitioner is paying three times the amount of tax to ..... not come to the court with clean hands in the sense that it has not disclosed the fact that it is a registered dealer under the delhi sales tax on the right to use goods act, 2002. according to learned counsel for petitioner his client had in fact applied for registration but did not pursue it because it was of the opinion, based .....