Judgment Search Results Home > Cases Phrase: sale of goods act 1930 section 15 sale by description Court: mumbai Page 7 of about 125 results (0.212 seconds)

Jamshedpur Utilities and Services Company Limited, a Company Incorpora ...

Court : Mumbai

..... of each of the said factors and giving of marks at different stages. objectivity was thus provided. 17. the learned counsel also made a reference to section 64a of the sale of goods act to argue that the principle that no party shall be made to unnecessarily gain or suffer on account of increase or decrease of the purchase price of the ..... goods, will be attracted to support the petitioners' case.18. learned counsel mr. rajadhyaksha, appearing for respondent no. 2, contended that the central government was pleased to exempt from the whole .....

M/S. R. Sureshchandra and Co. Vs. M/S. Vadnere Chemical Works and Othe ...

Court : Mumbai

Reported in : AIR1991Bom44; 1990(2)BomCR692

..... 6 1/4% per annum if interest be at all admissible. as to whether or not it is admissible, the dues represent advances and price of goods supplied. whether under the sale of goods act or the interest act, plaintiff would be entitled to interest. the suit was instituted after service of notice dt. 20-1-1975 (ex. c). at the permissible rate, ..... given below with my findings recorded against them.issuesfindings1.does plaintiff prove that it was and is a firm registered under the indian partnership act?yes2.does plaintiff prove that as from 1966 onwards it sold goods and advanced monies to the defendants and that (he total thereof comes to rs. 6,20,623.40 ps.?yes3.does plaintiff prove ..... three years of 13-11-1974, is within time.10. there is another reason why the claim is good in law even if we assume that ex. d was not executed before the expiry of period of limitation. section 25(3) contract act validates a promise to pay a debt barred by limitation. this, it was argued, is not the stand .....

M/S. Mahavir Khandsari Sugar Mill and Others Vs. Maharashtra State Ele ...

Court : Mumbai

Reported in : AIR1993Bom279; 1993(1)BomCR331; 1993(1)MhLj544

..... right when he contends that the interest should not be as high as 15% per annum. electric energy is 'goods' within the meaning of section 2(7) of the. sale of goods act, 1936, section 61(2) of the said act empowers the court to award interest at a reasonable rate. we would therefore allow interest at rate 6% per annum ..... plaintiff was not required to supply energy to defendant no. 1 after nov. 1976. but the expenditure already incurred was there and section 24 of the indian electricity act seems to stipulate that the consumer could havedemanded a reconnection at any time. in fact the appellants had sought a reconnection by their letter dated 5-1-1977. ..... supply of electrical energy. to enable the supply being made, the plaintiff maharashtra state electricity board (mseb), which is a licensee within the meaning of the indian electricity act, 1910, also described as a supplier, agreed to provide the energy required subject to the terms and conditions set out in exh. 96. the agreement at exh. .....

Sadanand S. Varde and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2000(4)ALLMR510; 2001(1)BomCR261; [2001]247ITR609(Bom)

..... a transfer of ownership in exchange for a price, the 'price' being defined in section 2(10) of the sale of goods act as any consideration paid for sale of the goods. in cit v. motors and general stores (p.) ltd. : [1967]66itr692(sc) , it was pointed out by the supreme court that the presence of money consideration ..... is an essential element in a transaction of sale. tested by this yardstick, it would appear that in anamalgamation no consideration in any form ..... personality of its own and its property cannot be said to be the property of the union of india. hence, it is contended that by the act of amalgamation, there was no sale of any assets by the transferor-company (the sixth respondent) to the transferee-company (the ninth respondent) in the amalgamation. thus, it is urged .....

Mohamed Abdul Waheed Mohomed Nakim Khan Vs. Shyam Behari Rameshwar Kal ...

Court : Mumbai

Reported in : [1986]59CompCas284(Bom)

..... , in view of the provisions of s. 20 of the sale of good act, 1930. so far as this court is concerned, it is by now well settled that the sale or transfer of a motor vehicle is governed by the sale of goods act, 1930, and s. 31 of the motor vehicles act comes into operation after such transfer of the vehicle. this is ..... deals with the transfer of ownership of the motor vehicle, which like any movable property is governed by the sale of goods act. the provision in section 31, motor vehicles act, is only to the effect that after change of ownership corresponding change in registration certificate should be recorded, that is in place of previous owner, name of ..... 38: 1975 acj 100 governed by the provisions of the sale of goods act, 1930, then obviously section 20 of the said act will apply to such a transaction. it lays down that where there is an unconditional contract for the sale of specific goods in deliverable state, the property in the goods passes to the buyer when an offer is made and it .....

The Britannia Biscuit Co. Ltd. Vs. the State of Maharashtra

Court : Mumbai

Reported in : [1983]53STC179(Bom)

..... transactions between the assessees and their customers. it is well-settled that for the purpose of the bombay sales tax act, 1959, a sale is that transaction which is understood as a sale under the provisions of the sale of goods act, 1930. a sale is the exchange of property for a price and it involves a transfer of ownership of the thing ..... sold from the seller to the buyer. sales tax can be imposed only when there is a completed sale involving transfer of title in the goods sold from the ..... be returned, or its equivalent in kind, with or without compensation for its use.''bailment' is defined in section 148 of the indian contract act as follows :'a 'bailment' is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise .....

Jaysinghrao Dadu Patil and Another Vs. KutubuddIn Ismail Soudagar and ...

Court : Mumbai

Reported in : I(1998)ACC210; 1997ACJ1374; 1998(4)BomCR446; 1997(1)MhLj737

..... mentioned in the agreement i.e. upon repayment of the entire loan together with interest by the present appellants. in the present case therefore, the section 19 of the sale of goods act would be attracted and not section 20.14. in united india insurance co, ltd. v. mathurabai and others, 1986 a.c.j. 1092, the division bench of ..... insurer only could be made liable and no liability could be fastened on the present appellants. mr. murthy relied on the agreement dated 1-4-1980, provisions of the sale of goods act and the division bench judgment of this court in united india insurance co. ltd. v. mathurabai and others, 1986 a.c.j. 1092.6. on the other hand ..... on to the present appellants at the time when the agreement was made on 17-4-1980. section 20 of the sale of goods act provides that where there is unconditional contract for the sale of specific goods, the property in the goods passes to the buyer when the contract is made and it is immaterial whether at that time payment of the price .....

B.K. Paper Mills Pvt. Ltd. Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : 1984(3)ECC292; 1984(18)ELT701(Bom)

..... the duty of excise payable. 13. what is normal price under section 2(10) of the sale of goods act, 'price means money consideration for the sale of goods.' normal price therefore is the amount paid by the buyer for the purchase of goods. it is the sum total of amounts at the foot of the invoice which constitutes price. price ..... tariff entry 17 of the first schedule to the central excises and salt act, 1944.4. the petitioners sold the paper manufactured by them to wholesale dealers and prepared invoices in respect of such sales by showing in the invoice the price charged for the goods and the trade discount. on the discounted price they added excise duty ..... trade at the time of removal in respect of such goods sold or contracted for sale. explanation.-for the purpose of this sub-clause, the amount of the duty of excise payable on any excisable goods shall be the sum total of- (a) the effective duty of excise payable on such goods under this act; and(b) ... ... ... ...and the effective .....

City and Industrial Development Corporation of Maharashtra Ltd., Bomba ...

Court : Mumbai

Reported in : AIR1992Bom55; 1993(1)MhLj193

..... as a breach of warranty and it was entitled to set up the breach of warranty in diminution of the price as provided under section 59 of the sale of goods act (the act).9. the documentary evidence consists of the tender notice, purchase order and correspondence between the parties. the seller examined its managing director dr. banerjee who ..... in future.(viii) there is no proof about actual damage to the buyer or its extent.12. now, section 12 of the act specifies that a stipulation in the contract of sale of goods may be a condition or a warranty depending upon whether the stipulation is essential to the main purpose of the contract is merely collateral ..... of price does not disentitle the buyer from availing of remedy under section 59 of the act.the case of sorabji hormusha joshi and co. v. v. m. ismail, : air1960mad520 is of a sale by description and implied warranty about the goods being merchantable. the following observations of that case are worth reproduction :'on this evidence it .....

Jyotsna K. Valia Vs. T.S. Parekh and Co.

Court : Mumbai

Reported in : 2007(4)ALLMR718; 2007(3)BomCR772; 2007(4)CTC257; 2007(4)MhLj517; 2007(5)AIRKarR180; AIR2007NOC2237(FB)(Bom)

..... parties, but on a rule of law, such as the terms, warranties or conditions, which if not expressly excluded the law imports, as for instance under the sale of goods act, marine insurance act, master and servant and landlord and tenant. to imply a term in the contract as implied term in our opinion the test laid down by kim lewison in ' ..... but on a rule of law such as the terms, warranties or conditions which, if not expressly excluded, the law imports, as for instance under the sale of goods act and the marine insurance act. but a case like the present is different because what it is sought to imply is based on an intention imputed to the parties from their actual ..... .c., 239, as under:when it implies a term in a contract the court is sometimes laying down a general rule that in all contracts of a certain type-sale of goods, master and servant, landlord and tenant, and so on-some provision is to be implied unless the parties have expressly excluded it. in deciding whether or not to .....