Court : Madhya Pradesh
Reported in : 2003(1)MPHT343; 2002(4)MPLJ440
..... was bad in law. if petitioner was careless in not inspecting tendu leaves before offering his bid, he cannot invoke the aid of sections 6 and 7 of sale of goods act.17. the contention of the learned counsel that it was not open to accept the bid below the upset price as such forfeiture of even earnest money is ..... .16. the submission raised by learned counsel for petitioner that agreement itself is void under sections 6 and 7 of sale of goods act, 1930, cannot be accepted. the factual matrix for invoking sections 6 and 7 of sale of goods act is that tendu leaves are used for manufacture of bidis; when petitioner had inspected the leaves they had perished in ..... they did not take any action immediately to cancel the bid of the petitioner; tendu leaves are perishable commodity by their nature and reason for not fetching the good prices is that they were already rotten at the time they were put belatedly to first auction by the respondents; their quality was further deteriorated by the time .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1972MP40
..... about the loss to the third person and because he placed the agent in the position which enabled him to do an act causing the loss to an innocent party.9. section 2(9) of the sale of goods act, 1930, defines a mercantile agent as follows:--'(9) 'mercantile agent' means a mercantile agent having in the customary course of ..... five elements: (1) the pledger must be a mercantile agent, (2) the pledgor must be in possession of the goods or of title deeds within the meaning of sale of goods act, (3) the mercantile agent was in such possession with the consent of the owner, (4) the mercantile agent made the pledge while in the ordinary course ..... business as such agent authority either to sell goods or to consign goods for the purposes of sale, or to buy goods, or to raise money on the security of goods.'10. in the present case .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1976MP101
..... , within the meaning of sub-section (3) of section 6 and, therefore, the plaintiffs remedy, if any, lay by way of damages under section 57 of the sale of goods act, and not by a suit for damages for conversion; and, lastly, whether the stipulations of the restrictive covenant in the agreement of 15-6-1968 clearly envisaged that, ..... groups of sections comprising of sections 76 to 123, which stand repealed by the sale of goods act, was as follows :--'87. where there is a contract for the sale of goods not yet in existence, the ownership of the goods may be transferred by acts done after the goods are produced in pursuance of the contract, by the seller, or by the buyer ..... of such coal-ash if any,7. sub-section (3) of section 6 of the sale of goods act, enacts :'(3) where by a contract of sale the seller purports to effect a present sale of future goods, the contract operates as an agreement to sell the goods.'8. in our opinion, the learned addl. district judge was in error in decreeing the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1982]50STC287(MP)
..... the contract. it is true that under condition no. 11 risk passed from the petitioner to the export promoter on shipment; but section 26 of the sale of goods act, which lays down the rule that risk prima facie passes with property, is subject to a contrary agreement between the parties. the contrary agreement is contained ..... the property did not pass at that stage. section 25(2) of our sale of goods act is similar in terms to section 19(2) of the english sale of goods act. although there had been some suggestion that section 19(2) of the english act did not apply to f.o.b. contracts, but this suggestion has been ..... negatively, that property does not pass before shipment' (benjamin, sale of goods, paragraph 1690, page 878). under section 23(1) of the sale of goods act, 1930, where there is a contract for the sale of unascertained or future goods by description, the property in the goods passes when the goods of that description and in a deliverable state are unconditionally appropriated. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP274
..... be a disqualification for election and would not, for that reason, attract section 22 (2) of the act also. an auction is only a manner of selling goods and, when goods are thus sold, a contract is undoubtedly formed: section 64 of the sale of goods act. in such a case, the seller impliedly warrants that he is entitled to sell the ..... (1) of section 64 of the sale of goods act, which deals with sales by auction, provides that where goods are put up for sale in lots, each lot is prima facie deemed to be the subject of a separate contract of sale. this clearly shows that there is a contract of sale in the case of auction sales also, however momentary its existence may be ..... the seller to the purchaser. this contention is not well founded. every sale is preceded by an agreement to sell as would be apparent from the definitions given in section 4 of the sale of goods act, which is as follows: '4. (1) a contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1966MP95
..... transaction is a 'sale'. but. if the property in the goods is to be transferred at a future time, the transaction is an 'agreement to sell'. as the tendu leaves, the ..... and january and is gathered by june. the agreement to sale was thus of 'future goods' within the meaning of section 2, clause (6), of the indian sale of goods act. it is possible for a person to agree to sell goods which are not in existence on the date of the contract of sale, if it be the natural product of something to which ..... the seller has a present right. the distinction between 'a sale' and 'an agreement to sell' has been well brought out in section 4 of the sale of goods act. where the property in the goods is transferred in praesenti to the buyer, the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1973]31STC9(MP)
..... under clause (b) of sub-section (2) of section 8 of the central sales tax act the sales tax on goods other than declared goods is to be calculated at the rate of 10 per cent. or at the rate applicable to the sale or purchase of such goods inside the state, whichever is higher, the rate may depend entirely at the sweet ..... adopted. here the position is entirely different. there is a charging section namely section 6 in the central sales tax act. there are specific provisions in relation to declared goods to which no objection can be taken. in regard to other goods the minimum rate of tax has been fixed at 10 per cent., but the impugned provision further provides ..... its guidance by the delegating authority. this is not a case of delegation because there is no provision in the act conferring any power on the state legislature to determine the rate of central sales tax in respect of any goods. it may, therefore, not be necessary to examine the impugned provision in order to see if it suffers .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1960]11STC316(MP)
..... the order of his successor.5. 'dealer' is defined in section 2(c) of the c.p. and berar sales tax act as 'any person who, whether as principal or agent, carries on in madhya pradesh the business of selling or supplying goods, whether for commission, remuneration or otherwise'. the essence of this definition is that the dealer himself should be selling or ..... the property in the goods at no time vested in him. subsequently, the sales tax officer excluded those transactions from assessment,3. the successor of the sales tax commissioner who held that the transactions were not sales subsequently called upon the assessee to show cause under section 22(5) of the c.p. and berar sales tax act why the assessment should not be set aside .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1973]30STC291(MP)
..... of the sale price of goods or as a guarantor for such collection or payment, and every local ..... outside the state and buys, sells, supplies or distributes goods in the state or acts on behalf of such dealer as-(i) a mercantile agent as defined in the indian sale of goods act, 1930 (iii of 1930), or(ii) an agent for handling goods or documents of title relating to goods or(iii) an agent for the collection or the payment ..... be rendered void as being in conflict with certain statutes framed by the parliament, namely, the additional duties of excise (goods of special importance) act, 1957, the central excises and salt act, 1944, and the central sales tax act, 1956.presently, we propose to refer to the relevant provisions a little later.(iii) that the levy is violative of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1964MP242; [1964]15STC254(MP)
..... list ii of the seventh schedule of the constitution. the legislature cannot, in the purported exercise 61 its power to tax sales, tax transactions which are not sales under the sale of goods act, 1930, by merely enacting that they shall be deemed to be sales. explanation i to section 2(n) is, therefore, dearly ultra vires. 10. on the question of the nature and ..... purchase of motor vehicles that have been entered into between them and some persons do not amount to sale of goods according to the meaning of 'sale' in the sale of goods act, 1930; that those transactions are merely contracts of hire, the hirerhaving an option to return goods and an options to purchase, which he may exercise or not according to his desire; that so ..... the hirer is not a person who has agreed to buy them within the meaning of sections 2(1), (13) and 30(2) of the sale of goods act. this position has been well pointed out in 1895 ac 471. that was a case where the house of lords had to decide whether a person, who had .....
Tag this Judgment!