Judgment Search Results Home > Cases Phrase: sale of goods act 1930 section 15 sale by description Court: supreme court of india Page 1 of about 297 results (0.200 seconds)

Marwar Tent Factory Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1990SC1753; JT1989(4)SC307; (1990)97PLR166; 1989(2)SCALE1149; (1990)1SCC71; [1989]Supp2SCR127; 1990(1)LC200(SC); 1990(1)WLN5

..... for the period from 1.1.1969 to 1.12.1971. it is appropriate to refer in this connection to the relevant provisions of section 61(2) of the sale of goods act, 1930 (act 3 of 1930) which reads as follows :61(2) : in the absence of a contract to the contrary, the court may award interest as such rate as it thinks ..... , it was within the discretion of the court to award interest to the plaintiff at a reasonable rate on the amount of the price under section 61(2) of the sale of goods act. the price was undoubtedly payable when the notice of demand (ex. 2) was served by the plaintiff upon the defendant and there cnn be no doubt that the rate ..... the tax on the respondent on the ground inter alia that the property in the logs passed from the respondent to the factory consignee under section 23 of the indian sale of goods act, 1930 when the logs were loaded in the wagons at railway stations within the central provinces and the railway receipts taken in the name of the factory were forwarded .....

Juggilal Kamlapat Vs. Pratapmal Rameshwar

Court : Supreme Court of India

Reported in : AIR1978SC389; (1978)1SCC69; [1978]2SCR219

..... possession. another question which was raised, whether the delivery orders concerned in that case could be called documents of title within the meaning of section 2(4) of the sale of goods act, was left open. thus, this case also does not help the appellant. bayyana bhimayya v. the government of andhra pradesh : [1961]3scr267 and state of andhra ..... for 'delivery orders' used the term in any other sense. it must therefore be held that the pucca delivery orders were not documents of title under the sale of goods act and were not in conformity with what the parties had contracted for.20. there is yet another reason why the pucca delivery orders cannot be taken as ..... parties. he further found that on the evidence adduced the custom pleaded was not proved, that the custom alleged was contrary to sections 18 and 23 of the sale of goods act, 1930, and also to the terms of the written contracts. the learned judges composing the division bench that heard the appeal from his judgment, by two separate .....

M/S Shanti Conductors(P) Ltd. and Anr. Vs. Assam State Electricity Boa ...

Court : Supreme Court of India

..... case13 while adverting to the question of substantive law has chosen to indicate by way of illustration laws such as sale of goods act, 1930 [section 61(2)]., negotiable instruments act, 1881 (section 80), etc. the provisions of the interest act, 1839, which prescribe the general law of interest and become applicable in the absence of any contractual or other ..... cpc is the main provision under which interest could be awarded by the court and section 61 of the sale of goods act, 1930 is an offshoot of section 34 cpc. section 3 of the interest act, 1978 also makes the interest act subject to the provision of section 34 cpc. hence, we can safely deduce that the interest awarded is ..... the supplier could avail of the same under section 34 of the code of civil procedure, 1908 (hereinafter referred to as cpc ), section 61 of the sale of goods act, 1930 and section 3 of the interest act, 1978.37. in other words, the supplier whose payment was delayed by the buyer prior to the commencement of the .....

Ms. Purbanchal Cables and Conductors Pvt. Ltd. Vs. Assam State Electri ...

Court : Supreme Court of India

..... jena case while adverting to the question of substantive law has chosen to indicate by way of illustration laws such as sale of goods act, 1930 [section 61(2)], negotiable instruments act, 1881 (section 80), etc. the provisions of the interest act, 1839, which prescribe the general law of interest and become applicable in the absence of any contractual or other statutory ..... is the main provision under which interest could be awarded by the court and section 61 of the sale of goods act, 1930 is an offshoot of section 34 of the cpc. section 3 of the interest act, 1978 also makes the interest act subject to the provision of section 34 of the cpc. hence, we can safely deduce that the ..... . the supplier could avail of the same under section 34 of the code of civil procedure, 1908 (hereinafter referred to as 'the cpc'), section 61 of sale of goods act, 1930 and section 3 of interest act, 1978.26. in other words, the supplier whose payment was delayed by the buyer prior to the commencement of the .....

Phulchand Exports Ltd. Vs. Ooo Patriot

Court : Supreme Court of India

..... ceased to exist. in this connection he relied upon a decision of this court in maula bux vs. union of india3. he also referred to section 26 of the sale of goods act, 1930 (for short `1930 act'). 3 1969 (2) scc 554 15. learned senior counsel also submitted that the stipulation in clause 4, in case the ..... vide letters dated september 16, 1998 and december 29, 1998 that the liability of the insurers was not established and the parties (the sellers and the buyers) must act as the goods were uninsured.5. on november 27, 1998 the buyers lodged claim against the sellers for recovery of amount of usd 285,569.53 in the international court of commercial ..... exports limited, mumbai, india (`the sellers') and ooo patriot, moscow, russia (`the buyers'), a transaction relating to sale of 1000 metric tons of indian long grain 1.5 time polished rice pr-- 106 of 9 per cent broken maximum (for short, `the goods') for a price fixed at inr 12,450 (indian rupees twelve thousand four hundred fifty only) per one .....

Vikas Sales Corporation and Another, Etc. Etc. Vs. Commissioner of Com ...

Court : Supreme Court of India

Reported in : AIR1996SC2082; 1997(57)ECC1; JT1996(5)SC482; 1996(4)SCALE622; (1996)4SCC433; [1996]Supp2SCR204; [1996]102STC106(SC)

..... the definition of 'goods' in tamil nadu, karnataka and kerala sales tax acts. all of them uniformly say 'goods' mean 'every kind of movable property' (sale of goods act) and 'all kinds of movable property' (tamil nadu, karnataka and ..... . on the basis of this decision, it is contended that the expression 'goods' and 'sale of good' must be understood in the sense they are used in the sale of goods act. we need not quarrel with this proposition. we have not only referred hereinbefore the definition of 'goods' and 'property' in the sale of goods act but have also pointed out that in material particulars it is similar to .....

Krishi Utpadan Mandi Samiti Ghaziabad and anr. Vs. Metal Craft and ors ...

Court : Supreme Court of India

Reported in : AIR2008SC2883; 2008(4)AWC3758(SC); 106(2008)CLT606(SC); 2008(10)SCALE26; (2008)7SCC780; 2008AIRSCW4757

..... ascertained. the contract therefore represented by the pucca delivery orders is a contract for the sale of unascertained goods and no property in the goods is transferred to the buyer in view of section 18 of the indian sale of goods act till the goods are ascertained by appropriation, which in this case takes place at the time only of ..... newspapers ltd. : [1968]2scr293 it was observed as follows:section 18 of the sale of goods act provides that where there is a contract for the sale of unascertained goods no property in the goods is transferred to the buyer unless and until the goods are ascertained. it is a condition precedent to the passing of property under a contract ..... in this connection is placed on section 18 of the indian sale of goods act, no iii of 1930. that section lays down that 'where there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained.' in the present case, as we have already .....

Central National Bank Ltd. Vs. United Industrial Bank Ltd.

Court : Supreme Court of India

Reported in : AIR1954SC181; [1954]1SCR391

..... can be rescinded at the option of the owner, the consent which followed false representation is a sufficient consent within the meaning of section 30(2) of the sale of goods act. but where the fraud induced an error regarding the identity of the person to whom or the property in respect of which possession was given, the whole thing is ..... point as to whether on the facts that transpired in evidence, the plaintiff bank was entitled to avail itself of the provision of section 30(2) of the indian sale of goods act. mr. justice sarkar of the calcutta high court, who tried the suit, decided this question in favour of the plaintiff. the learned judge was of opinion that mukherjee ..... and had actual possession of the same with the consent of the seller. consequently, the pledge would be effective under the provision of section 30(2) of the sales of goods act in the same way as if the right of the original seller did not exist. 5. the contention of the defendant bank on the other hand was that .....

Commissioner of Central Excise, Noida Vs. Accurate Meters Ltd.

Court : Supreme Court of India

Reported in : 2009(164)LC239(SC); 2009(235)ELT581(SC); JT2009(3)SC481; 2009(4)SCALE333; (2009)6SCC52; 2009(2)LC931(SC)

..... payment is to be made before despatch of the goods from the factory premises. the machinery, handed over to the carrier/transporter is as good as delivery to the buyer in terms of section 39 of the sale of goods act apart from terms and conditions of sale. section 39 of the sale of goods act reads as under:39. delivery to carrier or ..... to send the goods to the buyer, delivery of the goods to a carrier, whether ..... wharfinger: (1) where, in pursuance of a contract of sale, the seller is authorized or required .....

Jute and Gunny Brokers Ltd. and anr. Vs. the Union of India (Uoi) and ...

Court : Supreme Court of India

Reported in : AIR1961SC1214; [1962]32CompCas845(SC); [1961]3SCR820

..... are not ascertained. the contract therefore represented by the pucca delivery orders is a contract for the sale of unascertained goods and no property in the goods is transferred to the buyer in view of s. 18 of the indian sale of goods act till the goods are ascertained by appropriation, which in this case takes place at the time only of actual ..... and were therefore estopped from challenging the title of the holders of delivery orders. it also held that property in the goods could not pass by estoppel in the face of the provisions of the sale of goods act, iii of 1930. accordingly it held that it was not necessary to serve the holders of the delivery orders with ..... reliance in this connection is placed on s. 18 of the indian sale of goods act, no iii of 1930. that section lays down that 'where there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained.' in the present case, as we have already said .....