Judgment Search Results Home > Cases Phrase: sale of goods act 1930 section 15 sale by description Page 3 of about 1,279 results (0.201 seconds)

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 .....

Metal Craft Vs. Rajya Krishi Utpadan Mandi Parishad and Others

Court : Allahabad

Reported in : 2001(3)AWC2067; (1999)3UPLBEC1689

..... (paragraph 44), it was held that in view of section 18 of the sale of goods act till the appropriation takes place and goods are actually delivered, 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 these authoritative pronouncements, there cannot ..... held as under in paragraph 11 of the reports :'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 ..... court in agricultural market committee v. shalimar chemical works ltd : air1997sc2502 , took into consideration the provisions of sales of goods act, 1930. the problem here may also be examined in the light of the said act. the admitted position is that after receipt of (he order, the petitioner purchased rice from millers in haryana, .....

Food Inspector of Puri Municipality Vs. K.C. Anjanayulu

Court : Orissa

Reported in : AIR1966Ori144; 1966CriLJ784

..... 1) cri. lj 152 (ker) where raman ayer j. observed that the obtaining of sample under section 10 of the act would not amount to sale as it is not a voluntary transaction, but in the nature of compulsory acquisition in exercise of statutory power. the supreme ..... the customers that it is unfit for human consumption. there is no bar for pure ghee being used for lighting purposes and good ghee may be used for both the purposes. it is however not a sufficient defence for the accused to contend that it ..... and were unable to accept the view. the supreme court have also in a number of other cases treated such transactions of sale to the food inspector as sales under the act: (see (1961) 3 scr 324 : (air 1961 sc 631); (1961) 3 scr 986 : (air 1961 sc 1494 ..... be adulterated. undisputedly ghee is a food-stuff as it is used in various forms in the preparation of human food and sale of adulterated ghee is prohibited by law. although the ghee might have an alternative use such as for lighting purposes, it .....

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 .....

Pranlal Bhaichand Vs. the Maneokji Petit Manufacturing Co. Ltd.

Court : Mumbai

Reported in : AIR1933Bom46; (1932)34BOMLR1252; 140Ind.Cas.610

..... 118 of the indian contract act, which governs this case, is similar. in the present case, however, the defendants did not take delivery of the whole of the ..... in respect of the whole of the goods. authority for this proposition is to be found in the case of e, hardy & co. (london) v. hillerns and fowler [1923] 1 k. b. 658 affirmed in appeal, [1923] 2 k. b. 490 that case turned on the construction of section 35 of the english sale of goods act, but i think the position under section ..... less the respondents took the initiative in offering to deliver the goods on the due date. under section 94 of the indian contract act, in the absence of any special promise as to delivery, goods sold are to be delivered at the place at which they are at the time of the sale; and goods contracted to be sold are to be delivered at the .....

Raghava Menon Son of Kasturi Narayani Amma Vs. Kuttappan Nair, Proprie ...

Court : Kerala

Reported in : AIR1962Ker318

..... aforesaid circumstances, i am of theopinion that the defendant is bound to replace the watchunder the guarantee certificate and is liable for damagesfor breach of warranty under the sale of goods act. therefore, the civil revision petition is allowed and the defendant is directed to supply another kenson dayter wrist-watchand chain of the description of the watch and ..... watch from them, not for any special purpose, but for the common purpose of knowing the correct time. in such a case. section 16(1] of the sale of goods act must apply, because the buyar makes known to the seller, by implication, the purpose for which he purchases the watch and also relies on the seller's ..... may do so by an express warranty or condition; and that is what obtains in this case in the guarantee certificate. moreover, under section 16 of the indian sale of goods act two or three exceptions are also recognised to the rule of caveat emptor. the first is contained in sub-section (i) of section ib, which provides that .....

Pranlal Jayanand Thakar Vs. Vasudev Ramachandra Shelat and ors.

Court : Gujarat

Reported in : [1973]43CompCas203(Guj); (1973)0GLR363

..... be goods, they are included in the enlarged definition of the word ..... the articles of the company. under the old indian contract act, sections which were in existence prior to the enactment of the indian sale of goods act, shares were goods and under section 2(7) of the indian sale of goods act, 1930, stocks and shares are included in the definition of goods. thus, by virtue of the indian sale of goods act, section 2(7), though stocks and shares may not .....

Hindustan Machine Tools Ltd. Vs. the Nedungadi Bank Ltd.

Court : Karnataka

Reported in : AIR1995Kant185; ILR1994KAR2441; 1994(3)KarLJ555

..... hypothecate is not entitled to any protection under section 30(1) of the sale of goods act. in the view, i have taken, it is impossible to hold that 'other disposition' in section 30(1) covers hypothecation as well. it is strenuously contended that 'other ..... two are the same. but the fact of possession gives the pledgee a property in the goods and this makes the difference between pledge and hypothecation to be vital for the purpose of section 30(1) of the sale of goods act. transfer by way of'sale, pledge or other disposition' referred to in section 30(1) has reference to property right ..... acquires no property right, what protection he can get under section 30(1) of the sale of goods act it is not to be forgotten that thehypothecate has not only no interest in the goods hypothecated, he has not even the right to get possession of the goods. having no right of property not even right to possession, i apprehend that a .....