Judgment Search Results Home > Cases Phrase: sale of goods act 1930 section 15 sale by description Page 2 of about 1,279 results (0.139 seconds)

National Traders, a Firm of Merchants in Partnership Vs. Hindustan Soa ...

Court : Chennai

Reported in : AIR1959Mad112; (1960)IIMLJ195

..... may treat it as if it had become so, and he becomes entitled to the remedies which attach to a breach of warranty.' 8. section 12 of the indian sale of goods act defines a condition and warranty section 12 (2) and (3) state:'a condition is a stipulation essential to the main purpose of the contract, the breach of which ..... as an authority on a matter which is essentially a question of fact namely whether the seller is a dealer within the terms of section 16(2) of the sale of goods act in a particular case. we hold that in the present case the respondent was a dealer in caustic soda.5. the next question is whether the ..... description in the contract, and (2) merchantablequality are embodied in sections 15 and 16 of the in-dian sale of goods act. section 15 runs as follows:'where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description .....'section 16 with reference to sub-clause (2) runs as follows:'subject to .....

In Re: Beharilal Baldeoprasad Firm of Merchants by Partner Tagoor Pras ...

Court : Chennai

Reported in : AIR1955Mad271

..... ). section 15 lays down that a contract for sale of goods may be (i ..... sale of goods act are sections 15, 16 and 41. (for section 15 analogous law: section 13 english sale of goods act; section 113 indian contract act, 1872; for 'section 16, section 14, english sale of goods act, 1893 and sections 110-111, 114-115, indian contract act, 1872; for section 41, section 39 english sale of goods act, section 38(2), indian contract act ..... by the seller. deli-very to the buyer does not necessarily mean that he has accepted the goods. he is required to accept the goods under section 42 of the indian sale of goods act only after he has actually examined them, or, at any rate, had a reasonable opportunity of examining .....

Sha Thilokchand Poosaji Vs. Crystal and Co., by Its Authorised Agent a ...

Court : Chennai

Reported in : AIR1955Mad481

..... the plaintiff, the appellants now seek in appeal to put forward a different set of facts and a case based upon the acceptance of the goods by them and a right to relief under section 59, sale of goods act.even assuming that they can put forward such a claim, we have shown that they cannot legally succeed on such a ground since their ..... pay the contract price less any claim for set off for the breach of warranty. section 59, indian sale of goods act does not state the principle on which such damages are to be computed, but this is set out in section53, english sale of goods act as the estimated loss directly and naturally resulting in the ordinary course of events from the breach of ..... to their possession and effect a resale in exercise of such lien.in other words, a buyer who has rejected the goods after paying for them is not an unpaid seller within the meaning of sections 45 and 46, sale of goods act so' as to have a lien on them for his purchase money. see - 'lyon's and co. v. may and .....

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 .....

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 .....

Tirumala Tirupati Devasthanam Vs. Madras Port Trust

Court : Chennai

Reported in : 1994(46)ECC48; 1995(79)ELT387(Mad); (1992)IIMLJ159

..... baldeoprasad : air1955mad271 and in sorabji h. joshi & company v. v. m. ismail : air1960mad520 . the learned counsel further relies upon chalmers 'sale of goods' and refers to section 40 of the sale of goods act to substantiate his contention. the sum and substance of the argument of the learned counsel appearing for the petitioner-devasthanam is that insofar as there is ..... re-vest with the second respondent on the fact of the case. the learned counsel refers to the effect of section 45 of the sale of goods act and contends that since the goods are routed out through the state trading corporation, the contract is made by the state trading corporation with foreign seller and it is done ..... defect and the extent of examination needed for its discovery and it is a question of fact in each case. section 41 of the sale of goods act reads as follows :- '(1) where goods are delivered to the buyer which he has not previously examined, he is not deemed to have accepted them unless and until he has .....

Tirumala Tirupathi Devasthanam Represented by Its Marketing Officer, V ...

Court : Chennai

Reported in : (1992)2MLJ159

..... m.w.n. 279 : : air1955mad271 and sorabji h.joshi & company v. v.m. ismail : air1960mad520 . the learned counsel further relies upon 'chalmers sale of goods' and refers to section 40 of the sale of goods act to substantiate his contention. the sum and substance of the argument of the learned counsel appearing for the petitioner-devasthanam is that in so far as ..... not re-vest with the second respondent on the facts of the case. the learned counsel refers to the effect of section 45 of the sale of goods act and contends that since the goods are routed out through the state trading corporation, the contract is made by the state trading corporation with foreign seller and it is done only ..... the defect and the extent of examination needed for its discovery and it is a question of fact in each case. section 41 of the sale of goods act reads as follows:.(1) where goods are delivered to the buyer which he has not previously examined, he is not deemed to have accepted them unless and until he has had .....

Santosh Kumar Chopda Vs. State of M.P. and ors.

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 .....

Uoi (thr.g.m.northern Railway) vs.mohammad Akhtar & Anr.

Court : Delhi

..... which trees fell within that description. till this was ascertained, they were not ascertained goods , within section 19 of the sale of goods act. 19. similarly, in the context of section 58 of the sale of goods act, 1930, p. ramanathan aiyar defines ascertained goods as goods, the identity of which have by some means or another been determined . reference, to ..... 3 scc23 though rendered in the context of section 19 of the sale of goods act, 1930, are also instructive: it is true that trees which are agreed to be severed before sale or under the contract of sale are goods for the purposes of the sale of goods act. but before they cease to be proprietary right or interest in proprietary ..... the statutory, and precedential law, under the sale of goods act, 1930, is not being made so as to draw some kind of analogy between the pension rule, and the said act. what is being sought to be emphasised is that, jurisprudentially, the concept of w.p.(c .....

The Director Aiims vs.m/s Amtrak Technology Pvt. Ltd. & Anr

Court : Delhi

..... discussion i do not find any merit in the appeal because respondent no.1/plaintiff was entitled to interest for delayed payment in view of the section 61 of the sale of goods act. there is no dispute and doubt that the payment of the invoices were made with delay and the issue before the trial court was only for claim of interest ..... the door of rfa no.1010/2017 page 5 of 8 respondent no.1/plaintiff. trial court has also, in my opinion, rightly relied upon section 61 of the sale of goods act, 1930 which provides that in case of delay of making of payment the seller is entitled to interest for the delay in payment. these aspects are noted by the trial ..... been supplied but the price is not paid, it might be useful to refer to section 61 of the sale of goods act which is reproduced as under:"61. interest by way of damages and special damages.-. (1) nothing in this act shall affect the right of the seller or the buyer to recover interest of special damages in any case where by law .....