Court : Delhi
Reported in : 1995IVAD(Delhi)569; 60(1995)DLT616; 1996(36)DRJ187
..... cause of action for filing the suit has arisen in delhi or not? under section 39 of the sale of goods act, a delivery of the goods to the carrier will be, prima facie, deemed to be the delivery of goods to the buyer. in this case, the order was placed by mr.debjit gupta upon the defendant at bangalore. such order was accepted by ..... , the defendant has challenged the jurisdiction of this court and it is stated that no cause of action has arisen for a suit for passing off in delhi; even the sale of goods to mr.debjit gupta who had acted on behalf of the plaintiff was made in bangalore and not in delhi. assuming this to be a ..... marks and trade norms, 12th edition, page 340 as under : - 'ingeneral, proof of a single act of infringement by the defendant is sufficient to justify the plaintiff in bringing his action, and the evidence relied on is frequently the sale by the defendant of the spurious goods to the plaintiff or his agent, who has bought them merely for the purpose of procuring .....
Tag this Judgment!Court : Delhi
Reported in : ILR1981Delhi64
..... the shares was transferred to the assessed on february 5, 1948, must be repelled. that without the specification of the shares the contract for sale for specific goods as contemplated by s. 21 of the sale of goods act cannot be held to be complete was also accepted by the said division bench. we can find no difference at all not only on the ..... title in movable property passed to the buyer with the result that it has committed a patent error of law. 7. shares are movable property in terms of the sale of goods act. when and at what time a property can pass on to the buyer is laid down in chap. iii. section 19 provides that where there is a contract for ..... lordships do not desire to cast doubt on the proposition that in india a purchaser of shares (which under the indian sale of goods act come within the definition of 'goods') does not acquire an equitable interest by virtue of the contract of sale.' 8. we may not that the supreme court in 0043/1977 : [1977]110itr644(sc) (seth r. dalmia v. cit) .....
Tag this Judgment!Court : Delhi
Reported in : 2007(122)ECC235; 2007(148)LC235(Delhi); 2008(221)ELT183(Del)
..... with the intention to defraud, but not with an honest belief that the transaction was a valid one, and that he was dealing with a good bill.sale of goods act, 1983: a thing is done ``in good faith'` when it is, in fact done honestly, whether it be done negligently or not.black's law dictionary (eighth edition):a state of ..... be explored. the expression has not been defined. however as a guidance, one can look at other sources.law lexicons:stround's judicial dictionary, 3rd edition (1953).`in good faith' bankruptcy act, 1883, would seem to mean innocent of the knowledge, and of the means of knowledge, that there is an adverse bankruptcy.a thing is to be deemed to ..... lie against the central government or any officer of the government or a local authority for anything which is done, or intended to be done in good faith, in pursuance of this act or the rules or regulations.(2) no proceeding other than a suit shall be commenced against the central government or any officer of the government or .....
Tag this Judgment!Court : Delhi
Reported in : AIR1967Delhi88; 1967CriLJ1300
..... will primarily depend on the intention of the parties buying and selling. sections 20 to 24 of the sale of goods act are merely rules for ascertaining the intention of the parties as the time at which the property in the goods is to pass to the buyer. in these circumstances it would- be impossible for the prosecution to ..... proposer, thereforee, the communication of acceptance was complete as soon as the acceptor posted the letter. a part of the agreement of sale, thereforee, took place in delhi. under section 4 of the sale of goods act an agreement to sell becomes a sale when the time elapses or the conditions are fulfillled subject to which the property in the ..... . there are various difficulties in upholding this view-(i) even under the sale of goods act the dispatch of goods may nto be decisive of the passing of property or of the sites of sale: and (ii) the offence in this case consisted of selling the goods and consequently the jurisdiction must lie with the magistrate of the place where .....
Tag this Judgment!Court : Delhi
Reported in : AIR2005Delhi369; IV(2005)BC201; 121(2005)DLT357; 2005(83)DRJ140
..... transfer to the purchaser the goods for a price. a fortiori, contract for sale need only to specify the description of the seller ..... limited.4. our risk ceases soon after the goods leave our premises.'10. apart from the above four conditions, embodied in the four invoices, they carried the description of the goods and prices. crank shafts being goods within the meaning of sale of goods act, the requirement under section 4 of the sale of goods act for transfer of property in goods was only an agreement by the seller to .....
Tag this Judgment!Court : Delhi
Reported in : AIR1968Delhi233
..... disposal till payment was made by the defendant-appellants. the counsel has in the course of his arguments referred us to sections 54 and 60 of the sale of goods act (hereafter called the act) and has releid on some decided cases in support of his challenge to the impugned judgment and decree. i may first deal with the statutory provisions. ..... moll schutte and co. v. lachmi chand, (1898) 2nd 505, such a right is also provided in some special cases by section 54 of the sale of goods act. those special cases relate to goods of perishable nature or where the unpaid seller exercises his right of lien or stoppage in transit. in case where, however, there is no express right ..... account of and at the risk of the buyer'. after qutoing from gabarron v. krett, (1875) 10 ex. 274, and reproducing section 25 of the english sale of goods act, that decision proceeds to state:- 'the endorsement in the invoice merely indicated that the insurance charges were to be paid by the appellant and the clause has no .....
Tag this Judgment!Court : Delhi
Reported in : [1982]52CompCas80(Delhi); [1982]133ITR447(Delhi)
..... the shares was transferred to the assessed on 5-2-1948 must be repelled. that without the specification of the shares the contract for sale for specific goods as contemplated by section 21 of the sale of goods act cannot be held to be complete was also accepted by the said division bench. we can find no difference at all not only on ..... tribunal as to when the title in movable property passed to the buyer with the result that it has committed a patent error of law. (6) goods are moveable property in terms of sale of goods act. when and at what time a property can pass on to the buyer is laid down in chapter iii. section 19 provides' that where there ..... lordships do not desire to cast doubt on the proposition that in india a purchaser of shares (which under the indian sale of goods act come within the definition of 'goods') does not acquire an equitable interest by virtue of the contract of sale,'we may note that the supreme court in 0043/1977 : [1977]110itr644(sc) (6) seth r. dalmia v. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1971Delhi120
..... please, such as providing therein measure of damages in case of breach of contract and specifically exclude the conditions which law generally attaches to contract of sale of goods. in fact section 62 of the sale of goods act is a statutory recognition of this right in the parties. as was observed by bench of the andhra pradesh high court in dhulipudi namayya v. ..... the madhya bharat and the madras decisions.7. to my mind the principle is well settled that the measure of damages, normally, in case of breach of contact for sale of goods, is a difference between the contract price and the market price on the date of the breach. it is, however, open to the parties to the contract, to ..... madh bha 190. it was held by dixit, j. that :'in a suit for damages for beach of a contract for sale of goods it is not necessary for the plaintiff to prove that he purchased the goods from other sources at a price exceeding the contract price and sustained a loss. the fact that a buyer sustained no actual loss .....
Tag this Judgment!Court : Delhi
Reported in : 1999VIAD(Delhi)449; [2001]104CompCas53(Delhi); 86(2000)DLT361
..... arbitrators seem to be inconsistent. obviously the learned arbitrators have ignored the material on record and also the provisions of section 63 of the indian contract act and section 60 of sale of goods act. the petitioner had not treated the contract as repudiated when respondent did not furnish performance bank guarantee by 5.3.1987 and respondent did not ..... to fulfill its obligation to make april 1987. the respondent had also kept the contract alive till then.19. section 60 of the sale of goods act, 1930 provides :'where either party to a contract of sale repudiates the contract before the date of delivery, the other may either treat the contract as subsisting and wait till the date of delivery ..... can be, no doubt, we think, that both the buyer and the seller must agree to extend time for the delivery of goods it would not be open to the promiseby his unilateral act to extend the time for performance of his own accord for his own benefit. it is true that the agreement to extend time need .....
Tag this Judgment!Court : Delhi
Reported in : 1996IAD(Delhi)341; 1996(36)DRJ7
..... ascertained. the contract thereforee represented by the puce 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.....' (p.1222) (14) this being the law and the ..... 20 can be of no assistance to the plaintiff. (12) section 18 of the sale of goods act provides that where there is a contract for the sale of unascertained goods no property in the goods is transferred to the buyer unless and until the goods are ascertained. the supreme court tells us in p.s.n.s. a.c. ..... larger quantity, the required quantity not being separated, would be a contract of sale within the meaning of section 26 of the sale of goods act. when section 20 uses the expression 'specific goods', it necessarily means goods capable of being ascertained with certainty or goods whose delivery can be demanded in specie - cortum est quod corium reddi potest .....
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