Judgment Search Results Home > Cases Phrase: sale of goods act 1930 section 15 sale by description Court: kerala Page 1 of about 25 results (0.640 seconds)

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 .....

Raghava Menon Son of Kasturi Narayani Amma Vs. Kuttappan Nair, Proprie ...

Court : Kerala

Reported in : AIR1962Ker318

..... aforesaid circumstances, i am of theopinion that the defendant is bound to replace the watchunder the guarantee certificate and is liable for damagesfor breach of warranty under the sale of goods act. therefore, the civil revision petition is allowed and the defendant is directed to supply another kenson dayter wrist-watchand chain of the description of the watch and ..... watch from them, not for any special purpose, but for the common purpose of knowing the correct time. in such a case. section 16(1] of the sale of goods act must apply, because the buyar makes known to the seller, by implication, the purpose for which he purchases the watch and also relies on the seller's ..... may do so by an express warranty or condition; and that is what obtains in this case in the guarantee certificate. moreover, under section 16 of the indian sale of goods act two or three exceptions are also recognised to the rule of caveat emptor. the first is contained in sub-section (i) of section ib, which provides that .....

Jacob Philip and ors. Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : AIR1985Ker255

..... later date depending on the priorities in making the payments. under section 23 of the sale of goods act where there is a contract for the sale of unascertained or future goods by description, the property in the goods passes to the buyer when goods of that description in a deliverable state are unconditionally appropriated to the contract. the present ..... k.n. narayana kaimal appearing for one of the petitioners in this batch relies on section 34 of the sale of goods act in support of the proposition that if there is part-delivery, the property in the goods passes to the purchaser. section 34 has no application to the present case for, there had been no ..... cases will fall under section 23 of the sale of goods act as the contract related to unascertained as well as future goods by description. none of the petitioners has a case that the goods for delivery had been ascertained and put in a deliverable state to be appropriated towards the .....

Eternit Everest Ltd. Vs. Abraham

Court : Kerala

Reported in : AIR2003Ker273; 2003(2)KLT907

..... also would be attracted as the above article should be of mercantile quality. an implied warranty of merchantilability of the goods, ie., the goods were free from latent defects, was also there. thus, section 16 of the sale of goods act would be applicable and there was an implied warranty as to the quality or fitness for the particular purpose for ..... the usage of trade.(4) an express warranty or condition does not negative a warranty or condition implied by this act unless inconsistent therewith'. sub-section (1) of section 16 of the sale of goods act (for short, the act) deals with the implied conditions as to the quality or fitness of the articles sold. section 16 is an exception ..... respondent submitted that there was an implied warranty as to the quality of the article which was sold in view of section 16 of the sale of goods act. section 16 of the sale of goods act which deals with the implied warranty reads:-'implied conditions as to quality or fitness.subject to the provisions of this .....

Suresh Kumar Rajendra Kumar Vs. K. Assan Koya and Sons

Court : Kerala

Reported in : AIR1990Ker20

..... , or, if no time is fixed, within a reasonable time. he is also bound to make a reasonable contract with the carrier under section 32(2) of the sale of goods act, 1979. as delivery to the carrier is prima facie deemed to be a delivery to the buyer, the latter is (unless the contract otherwise provides) bound to pay ..... supplied, is only a slight deficiency which comes within the 'de minimis rule' and we hold that the defendant was not justified in rejecting the goods even under section 37(1) of the sale of goods act.16. the further question to be considered is about the quantum of damages claimable by the plaintiff. in the light of the findings recorded above, ..... of the buyer. this is also the general law unless otherwise agreed is clear from the provisions contained in section 40 of the indian sale of goods act which is to the following effect.'where the seller of goods agrees to deliver them at his own risk at a place other than that where they are when sold, the buyer shall, nevertheless, .....

Hassankunju Vs. Asst. Excise Commissioner

Court : Kerala

Reported in : 2006(2)KLT417

..... be confiscated, it is submitted. the learned counsel made persuasive submissions elaborately referring to the legal position as obtaining from the sale of goods act, transfer of property act, motor vehicles act and the abkari act. reference also was invited to several decisions of the supreme court as well as this court. the sheet anchor of the ..... versa. the transfer of ownership of a vehicle is a matter governed not by the provisions of the motor vehicles act but by the provisions of the sale of goods act. a transfer made in accordance with the sale of goods act must precede registration certificate and that such certificate is not a document of title. (the oriental fire & general ..... far as a vehicle is concerned. as a matter of fact ownership depends on the conduct of the parties in terms of section 19 of the sale of goods act regarding the passing of the property. unless the vehicle has factually been transferred, there cannot be any change in the registration. in other words, ownership .....

M. Mohammed Sherif and Vs. Official Liquidator, the Seetharam Spinning ...

Court : Kerala

Reported in : AIR1964Ker135

..... claims. we think that so far as the 2nd respondent is concerned it was bona fide transferee for value and that under section 30(2) of the sale of goods act it had obtained an indefeasible title to the property although the mills themselves had no title to the property. in central national bank ltd. v. united industrial ..... delivery of possession of the 50 bales from the railway administration. there was no unconditional appropriation of the goods to the mills. section 23 of the indian sale of goods act makes it clear that if under a contract for sale of unascertained goods, goods have been unconditionally appropriated by the seller with the assent of the buyer the property in the ..... of the principles made above. in the case in hand, the fact that the mills could have passed a title to the goods to a bona fide purchaser for value under section 30(2) of the sale of goods act, will not make any difference in the conclusion that the mills were constructive trustees of the money obtained by .....

P. Muraleedharan Vs. Union of India and Others

Court : Kerala

..... held that lottery ticket is actionable claim and it is only by virtue of the exclusion clause in the above definition in the sale of goods act it is outside the scope of goods. so much so, the petitioners contention that liability for service tax in relation to lottery should be considered by keeping in mind ..... above wherein the supreme court has held that an actionable claim also answers the description of goods and exemption from sales tax is available only because of the exclusion clause contained in the definition of goods under the sale of goods act. relying on this judgment, the contention advanced by the petitioners is that lottery being actionable claim ..... said sub-section deals with only service rendered for promotion or marketing or sale of goods. since section 65(50) of the finance act, 1994 read with section 2(7) of the sale of goods act excludes lottery i.e. actionable claim, from the scope of goods, sub-section (i) obviously has no application. the supreme court has .....

Paragon Steels Pvt. Ltd. Vs. European Metal Recycling Ltd.

Court : Kerala

Reported in : AIR2006Ker303; 2006(4)ARBLR299(Kerala); 2006(2)KLT917

..... contended that seller can claim damages for the difference between the contract price and the price fetched on resale of the goods where the seller had the right to resell under section 54(2) of the sale of goods act.4. counsel appearing for the first respondent sri prasanth s. pratap contended that there was a binding contract between the ..... to any other buyer and then only recover the difference from the first respondent. counsel made reference to sub-section (4) of section 54 of the sale of goods act and submitted that where the seller expressly reserves a right of resale on the buyer making default, seller has to resell the ..... purposes of arbitral proceedings; or(ii) for an interim measure of protection in respect of any of the following matters, namely:(a) the preservation, interim custody or sale of any goods which are the subject matter of the arbitration agreement;(b) securing the amount in dispute in the arbitration;(c) the detention, preservation or inspection of any property .....

Bismi Abdullah and Sons, Merchants and Commission Agents Vs. the Regio ...

Court : Kerala

Reported in : AIR1987Ker56

..... the date of breach, if there is no right of resale for the seller. in the case where the property in the goods have passed, the seller can resell the goods under section 54(2) of the sale of goods act and claim the difference between the contract price and the price fetched in the resale. so also in a case where the property ..... seller has no right of resale under section 54(2).'in that particular case the property in the goods had not passed to the buyer and consequently the seller had no right to resell the goods under section 54(2) of the sale of goods act. while declining the seller's claim to recover the deficiency on resale their lordships went on to ..... damages the difference between the contract price and the amount realised on resale of the goods where he had the right of resale under section 54(2) of the sale of goods act. the statutory power of resale under section 54(2) arises if the property in the goods has passed to the buyer subject to the lien of the unpaid seller. where .....