Judgment Search Results Home > Cases Phrase: sale of goods act 1930 section 15 sale by description Court: punjab and haryana Page 1 of about 16 results (0.099 seconds)

Centre for Research in Rural and Industrial Development Vs. Madan Lal ...

Court : Punjab and Haryana

Reported in : (1996)112PLR594

..... been averred in the petition that as per the definition of 'consumer' and 'service', the consumer forum has the jurisdiction only to decide a dispute relating to 'goods' as defined in the sales of goods act and not the dispute arising out of contract of appointment or personal service. it has further been averred that only such persons will be covered as consumer who ..... are convinced that the consumer forum has the jurisdiction only to decide a dispute relating to 'goods' as defined in the sales of goods act and not a dispute arising out of contract of appointment or personal service. 'goods' as defined under section 2(7) of the sales of goods act means every kind of movable property other than actionable claims and money; and includes stock and shares .....

Raj Spinning Mills Vs. A. and G. King Ltd., Raglan Mills, England

Court : Punjab and Haryana

Reported in : AIR1959P& H45

..... aforesaid term was a condition, the plaintiff could not now be heard to say that it was so in view of the terms of section 13 of the sale of goods act.the contract of sale was not severable as it related to the plant as a whole and as the property had passed to the plaintiff the breach of the aforesaid condition could ..... to the sending of various invoices for packing, freight etc., as also with regard to dismantling, was a condition within the meaning of section 12(2) of the indian sale of goods act, 1930. he says that the contract was with regard to the machinery which had been sold at the spot and the undertaking with regard to sending it after getting tbe ..... contract. according to mr. suri the stipulation in the contract with regard to this matter was a condition within the meaning of section 12(2) of the indian sale of goods act 1930 and its breach gave rise so a right to treat the contract as repudiated.he has laid emphasis on the rule that in construing mercantile contracts it must be .....

Bareja Knipping Fastners Limited (In Liquidation) Vs. Swastika Trading ...

Court : Punjab and Haryana

Reported in : [1990]69CompCas552(P& H)

..... respondents. the petitioners are entitled to recover this amount from the respondents.issue no. 4. -- section 61(2) of the sale of goods act, 1930, reads as under :'(2) in the absence of a contract to the contrary, the court may award interest at ..... a statutory liability arising under sub-section (2) of section 61 of the sale of goods act. the respondent-company is liable to pay interest on the unpaid price of the goods supplied to it. in the. circumstances of this case, i hold that ..... not in conformity with the samples. it was brought to the notice of the petitioner about the poor quality of their goods. the petitioner-company advised the respondents that the unsold material be despatched to delhi by q. t. s. or road ..... such rate as it thinks fit on the amount of the price -- (a) to the seller in a suit by him for the amount of the price--from the date of the tender of the goods .....

Firm Sohan Lal Arjan Dass Vs. Firm Banwari Lal Vishwa Nath

Court : Punjab and Haryana

Reported in : AIR1960P& H549

..... own favour by stressing that although the contract was entered into in may 1943 the plaintiffs did not claim delivery of goods till as the late as 4th of october 1949. section 36 of the indian sale of goods act was also referred to by mr. aggarwal, but in my opinion it cannot appreciably advance the appellants' case.it is ..... the plaintiffs who have instituted the present suit. while developing his argument, the counsel also referred to sections 45 and 46 of the indian sale of goods act which deal with the subject of 'rights of unpaid seller against the goods'. in my opinion, however, these sections are of no relevancy in the present case.section 35 of the said ..... for three years and nine months. the counsel has also placed reliance on section 56 of the indian sale of goods act which is in the following terms:'56. where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may sue him for damages for non-acceptance.'according to the counsel, the plaintiffs having .....

Munjal Gases, Etc. and ors. Vs. Regional Manager, State Bank of India ...

Court : Punjab and Haryana

Reported in : 2004(1)CTLJ570(P& H); (2004)136PLR844

..... no authority to pledge.explanation.- in this section, the expressions 'mercantile agent' and 'documents of title' shall have the meanings assigned to them in the indian sale of goods act, 1930 (3 of 1930).12. a perusal of the record shows that it is a categorical stand of the plaintiffs that defendants no. 1 has been purchasing ..... whether defendant no. 1 is a mercantile agent as contemplated under section 2(9) of the sale of goods act, 1930. it would be beneficial to reproduce the definition of mercantile agent as contained in sale of goods act and section 178 of the indian contract act, which read as under:'2(9). 'mercantile agent' means a mercantile agent having in the ..... a mercantile agent as defined under section 2(9) of the sale of goods act, 1930. as per definition mercantile agent is the one who has either an authority to sell goods, or to consign goods for the purpose of sale or to buy goods or to receive money on security of goods in the course of his business.16. the defendant no. .....

AmIn Chand Bholanath Vs. Union of India

Court : Punjab and Haryana

Reported in : AIR1960P& H179

..... of damages was for him to decide and the court cannot speculate with regard to him real intention.in these circumstances, discussion of the relevant provisions of the sales of goods act relating to the passing of property and the competency of a suit for price reference to which has been made by the learned counsel is wholly unnecessary. the ..... chatterji has strenuously contended that the umpire had awarded as sum of rs. 1,07,200/- as price and not as damages and under s. 61 of the sale of goods act, interest could be awarded and had been rightly awarded by the umpire. my attention has been invited to the statement of claim of the appellant-firm according to which ..... which thus formed a part of the damages (if it be assumed that he has awarded damages and not price together with interest under s. 61 of the sale of goods act which is the alternative contention raised by mr. chatterji). the statement of law in pollock and mulla's book is based on three decisions-digbijai nath v. tirbeni .....

Present: Mr. S. K. Arora Advocate Vs. Raj Kaur and Another

Court : Punjab and Haryana

..... to be severed before sale or under the contract of sale, falls within the definition of 'goods' under the sale of goods act, 1930. in the sale of goods act, 1930, term specific goods . has also been defined which means goods identified and agreed upon at the time a contract of sale is made'. in commissioner of sales act, madhya pradesh, indore ..... . it is a decisive factor in litigation. since the electricity is a movable thing, thus, falls squarely within the definition of goods . under the provisions of sale of goods act. the electricity is moved through power lines and amounts are metered and connection number is allotted for particular place and therefore identifiable. ..... supplying the electricity. the question which often arises in litigation of power supply is whether the transaction can be governed by the provisions of sale of goods act, 1930 for the purpose of transferring the same in the name of purchaser by the licensee. admittedly, electricity is generated, transmitted and sold .....

Firm Paharia Mal Ram Sahai Vs. Birdhi Chand JaIn and Sons

Court : Punjab and Haryana

Reported in : AIR1956P& H217

..... or less technical nature to carry into effect the in-tention of the parties. these rules have been adopted by the legislature in india in sale of goods act, 1930.sections 18 to 25, sale of goods act lay down these rules with a view to assist courts to find out when the parties intended to pass the property in ..... this ground also that he assented to the appropriation of these three bales which were sent by lorry to jullundur. section 23(2), sale of goods act has no application to the present case because the goods were not sent by the seller to jullundur in pursuance of any contract but under subsequent instructions given by the buyer.7. it ..... supplied under the contract. such a contract cannot be said to be for sale of specific goods as these goods were not identified and agreed upon at the time of the contract (vide section 2(14), sale of goods act).when there is a contract for sale of unascertained goods, it is necessary that they should be identified and ascertained before the contract .....

instalment Supply Ltd., New Delhi Vs. State of Delhi and ors.

Court : Punjab and Haryana

Reported in : AIR1956P& H177; [1956]7STC586(P& H)

..... notice of the owners' rights. the owners demanded that it was not an agreement which fell within the words 'having agreed to buy' of section 25, sub-section (2), sale of goods act, and that the pledgee got no better title than the hirer. channell j. held that the case fell within the rule laid down in 1895 ac 471 (h).17. in ..... sc 274 (275) (air v 40)(p), by mukherjea j. who said:'in the legal sense, it imports passing of property in the goods and it is in this sense that the word is used in the sale of goods act.'23. in -- 'suraj and sons v. j. o. brien', 1951all 759 (air v 18) (q), where the agreement was that the hirer could ..... to the party aggrieved.28. i would, therefore, hold that-(1) the state legislature has not the power to enlarge the meaning of the words 'sale of goods' by going beyond the meaning attached to it by its definition in the sale of goods act, because it is in that sense that these words were used in item 48 of sch. 7 of the constitution .....

Punjab Breweries Limited Vs. State of Punjab and Others

Court : Punjab and Haryana

Reported in : (1998)120PLR423

..... credit notes. at the time of the booking of the next consignment, the customers would get advantage of the credit notes.' their lordships then referred to the provisions of the sale of goods act and held : 'from the memorandum issued by ub, it appears that ub was very anxious not to lose the bottles and crates in which the beer was supplied. forty ..... bottles in case of non-retum of the bottles. 23. section 24 of the sale of goods act, 1930, reads as under '24. goods sent on approval or 'on sale or return'. - when goods are delivered to the buyer on approval or 'on sale or return' or other similar terms, the property therein passes to the buyer - (a) when he signifies his approval or acceptance to the ..... to pass to the buyer. section 24 appears to be practically in the same terms as section 18 of the english sale of goods act, 1979, which itself is but a repetition for the common law rule to that effect. the law in this behalf is stated in halsbury's laws of england, iv edition, .....