Court : Rajasthan
Reported in : 1970WLN133
..... the learned senior civil judge in that respect cannot be accepted for there is no evidence to support this part of usage. section 32 of the sales of goods act, however, lays down that the delivery of goods and the payment of price are concurrent conditions and therefore the price is payable at the time of the delivery. we therefore hold as a matter ..... . we are unable to agree with the finding of the learned senior civil judge on issue no. 5.we may refer to to following provisions of law:sales of goods act.section 31--it is the duty of the seller to deliver the goods and of the buyer to accept and pay for them, in accordance with the terms of the contract of ..... sale.section 32.--unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions, that is to say, the seller shall be ready and willing to .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1974Raj194; 1973()WLN994
..... such circumstances, the lower courts should have exercised discretion in favour of the plaintiff and awarded interest on the amount of the price of the goods under section 61(2) of the sale of goods act. i therefore allow interest at the rate of six per cent per annum which i consider to be a reasonable rate of interest.the learned ..... upto 18-9-62 and in normal case the price of the goods ought to have been paid by the defendant within a reasonable time of the deliveries but the ..... no stipulation for payment of interest in case the price of the goods supplied remained unpaid. it is contended by the learned counsel for the plaintiff that even in the absence of the contract the plaintiff is entitled to reasonable interest under section 61(2) of the sale of goods act, 1930. the supply in the present case had been effected .....
Tag this Judgment!Court : Rajasthan
Reported in : [1967]63ITR109(Raj)
..... the payment of the price to the bank and that it could not, therefore, be said that it was a case of an unconditional contract of sale within the meaning of section 20 of the sale of goods act. the learned counsel has placed reliance on commissioner of income-tax v. mysore chromite ltd., commissioner of income-tax v. p.m. rathod & ..... consigned to 'self'. that being so, we are not prepared to hold that the assessee had transferred its right of disposal over the goods within the meaning of section 23(2). section 23 of the sale of goods act is thus of no avail to the assessee. accordingly, the profits accrued to the assessee at kodarma or girdih, so that the assessee ..... question is when the property in respect of them could be said to have passed to the buyers. section 19 of the sale of goods act provides that, where there is a contract for the sale of specific or ascertained goods, the property in them is transferred to the buyer 'at such time as the parties to the contract intend it to be .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1963Raj162
..... case clearly applies to the facts of the present case and we see no force in the argument of mr. agarwal based on section 23(1)of the sale of goods act.13. mr. agarwal had hinted during the course of his arguments that the trial judge committed a mistake in dismissing his application praying for addition of nandkishore ..... divested themselves of the title and ownership of the goods.mr. agarwal relied upon section 23(1) of the indian sale of goods act and contended that the goods having been unconditionally appropriated to the contract by delivery of the goods to the railway for transmission to the buyer, the property in the goods should be treated as having passed on to the ..... price was not paid by s the property in the goods never passed to him under section 25, sale of goods act; and (4) as the property in the goods never passed from p to s, p alone was entitled to sue the railway for compensation for loss of the goods represented by the railway receipt because he alone had entered into .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1962Raj122
..... bank which endorses the railway receipt in his favour and delivers it to him.13. the property in the goods does not pass to the buyer upon the delivery of the goods to the railway under section 39 of the sale of goods act as the goods are not delivered for transmission to the buyer within the meaning of that section. for the ..... goods are consigned to self so far as the railway is concerned.section 25(1) of the sale of goods act becomes applicable in such a case. ..... the seller reserves right of disposal of goods until delivery o the railway receipt is taken on payment. it is only .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN200
..... . the learned district judge dealt with this objection under issue no. 5 and held that the provisions of the sale of goods act were not applicable to the dealings between the parties and it could not be said that the plaintiff was seller and the defendant a buyer, and in view of the ..... time of arguments in the lower court, it seems that objection was raised that if the plaintiff is taken to be a seller of coal under the provisions of the sale of goods act, it cannot maintain a suit for the price of the coal, because it did not rah the defendant hnd instead a suit for damages ought to have been filed ..... and 375). the decisions relied upon on behalf of the appellant lay down the same principle as is contained in section 19 to 25 of the sale of goods act regarding the passing of title in the goods, and, as already observed, it is intention of the parties which is a determing factor for it.15. it is, therefore, not necessary to consider each .....
Tag this Judgment!Court : Rajasthan
Reported in : 1980WLN(UC)466
..... amount found due against the defendant should have been awarded on the basis of the provisions of section 61 of the sale of goods act, as the transactions between the parties related to sale of silver ornaments section 61(2) of the sale of goods act runs as under:61(2) in the absence of contract to the contrary, the court may award interest at such rate ..... seller is entitled to get interest on the amount of the price of the goods, in the suit filed by him, from the date of delivery of goods the date of payment.8. as regards the rate at which ..... not of 100% purity and it must be held that the sale price might have been fixed keeping in view this factor viz. that the goods sold were of 75 to 80% purity. as such i find that there was absence of contract to the contrary and section 61 of the sale of goods act was clearly attracted to the facts of the case. the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1957Raj104; [1957]8STC463(Raj)
..... which is the leading case for the view pressed by the applicants. the basis of that decision is the meaning of the words 'sale of goods' to be deduced from section 4 of the sale of goods act.the learned judges were certainly conscious of the well-known principle that a constitution is not to be construed in a narrow and pedantic sense ..... of madh-ya pradesh 1955-6 stc 93 (b), decided by the nag-pur high court, which represents the other view. section 2(7) of the sale of goods act is in these terms:'goods' means every kind of moveable property other than actionable claims and money, and includes stocks and shares, growing crops, grass, and things attached to or forming ..... with section 2(7).if we look at the words of entry 54, without any pre-conceived notion derived from the provisions of the sale of goods act, that entry authorises taxes whenever there is a sale of goods. let us look at the substance of the transaction which is a building contract of the nature with which we are dealing. in .....
Tag this Judgment!Court : Rajasthan
Reported in : [2003]132STC489(Raj)
..... of controlled commodities. all other transactions not falling in one or more area of the amplified definition, still stand to be tested on the touchstone of sales under the sale of goods act, 1930.36. the above statement of object and reasons for insertion of various sub-clauses including sub-clause (a) to clause (29a) of article ..... for human consumption and for drinks. all these amendments had behind them a history of such transaction falling on the altar of test under sales of goods act, as a contract for sale of such goods when sought to be taxed.35. if one were to look at the statement of objects and reasons for inserting clause (29a) of ..... an agreement to sell the commodity intended to be transacted, which could constitute a contract is considered to be an essential condition to constitute 'sale' within the meaning of the sale of goods act. since it needs free consent by the parties to the agreement to bring into existence a valid contract, the transactions which were compelled under .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj132; 1972()WLN803
..... on the part ofthe seller -- from the date on which payment was made.' 17. electricity is not goods covered by the sale of goods act. the reason is that the sale of goods act applies to goods as defined in section 2(7) of the said act. the principal ingredient is that it is movable property. the supreme court in avtarsingh v. state of punjab ..... , air 1965 sc 666 has observed that 'electricity is not movable property'. the claim of interest under the sale of goods act is therefore not tenable. accordingly we are not inclined to award interest in the circumstances of the case. 18. the result is that the judgment and decree of ..... /-. 16. the last point that remains to be determined is whether the plaintiff company is entitled to any interest. section 61 of the sale of goods act reads:-- '61. (1) nothing in this act shall affect the right of the seller or the buyer to recover interest or special damages in any case where by law interest or special .....
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