Court : Mumbai
Reported in : AIR1959Bom158; (1958)60BOMLR337; ILR1958Bom725
..... of the lahore high court, that there is no real distinction between rescission as contemplated under sub-section (4) of section 54 and section 60 of the sale of goods act. under section 60, which deals with anticipatory breach of the contract, one party may accept the other's repudiation and thereby relieve himself from all obligations under ..... urged on behalf of the defendant before the trial court. but the principal contention urged by him was that section 54, sub-section (4) of the sale of goods act led to a rescission of the entire contact between the plaintiff and the defendant and, therefore, the court was incompetent to file the arbitration agreement under section ..... which mentioned that the ahmedabad mill-owners' association was to be the arbitrator. the defendant's contention based on the provisions of section 54(4) of the sale of goods act was also negatived on the ground that the resale effected by the plaintiff was under the right created in his favour by virtue of clause (17) of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR2563
..... did not issue any notice, they were not entitled to damages as claimed in the suit; in view of the specific provision contained in section 54(2) of the sale of goods act. it appears to us that it is not possible to accept this contention. it may be pointed out that no such plea has been raised in the written statement and ..... sense that the price realized at the resale was a fair price. i answer issue no. 5 in the affirmative. so far as the claim for interest is concerned, the sale of goods act, section 61, applies. i, therefore, award the plaintiffs interest but at the rate of 6 per cent only instead of at the rate of 9 per cent as claimed ..... as contained in exs.p-4 and p-6. therefore, the interest awarded by the trial court cannot be held to be in contravention of section 61(2) of the sale of goods act.32. in the light of the findings recorded on points 1 to 6, the total denial of the suit claim becomes unsustainable. it is also relevant to notice that .....
Tag this Judgment!Court : Chennai
Reported in : AIR1955Mad722
..... from the terms of the contract, the conduct of the parties, and the circumstances of of case. then section 18 (corresponding to sections 20 to 24,indian sale of goods act) gives some general rulesrich are to apply 'unless' a different intention appears. of these rules the court of appeal relyrule 5 (i) (corresponding to section 23 indian ..... in himself till the documents are presented to the buyer and the payment is made. that is the case which is provided by section 25(3), sale of goods act.the other is that the property passes immediately and the seller retains possession of the bills only for the purpose of claiming a lien on the ..... ofthe buyer for being consigned under the contract.for this purpose reliance is placed on section 23(1),sale of goods act, which is in these terms :'23(1) where there is a contract for the sale of unascertained or future goods by description and goods of that description 'and in a deliverable state are unconditionally appropriated to the contract, either by .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1957]8STC61(AP)
..... us of the calcutta high court, are not of much assistance in determining whether electricity, gas or steam is goods within the meaning of the sale of goods act or under the hyderabad general sales tax act.8. with respect to electricity no doubt in the calcutta case the whole question turned on section 39 of the ..... obvious in that for purposes of sales tax act stocks and shares, growing crops, grass etc., are excluded though for purposes of sale of goods act they have been included. ignoring those specifically excluded or included things, 'goods' both for purposes of the sale of goods act as well as for the sales tax act generally man all or every kind of ..... out, improvement or repair of moveable or immoveable property.'6. this definition is somewhat different to the definition of 'goods' given in clause 7 of section 2 of the sale of goods act which is an under :''goods' means every kind of moveable property other than actionable claims and money and includes stocks and shares, growing crops .....
Tag this Judgment!Court : Kerala
Reported in : AIR2003Ker273; 2003(2)KLT907
..... also would be attracted as the above article should be of mercantile quality. an implied warranty of merchantilability of the goods, ie., the goods were free from latent defects, was also there. thus, section 16 of the sale of goods act would be applicable and there was an implied warranty as to the quality or fitness for the particular purpose for ..... the usage of trade.(4) an express warranty or condition does not negative a warranty or condition implied by this act unless inconsistent therewith'. sub-section (1) of section 16 of the sale of goods act (for short, the act) deals with the implied conditions as to the quality or fitness of the articles sold. section 16 is an exception ..... respondent submitted that there was an implied warranty as to the quality of the article which was sold in view of section 16 of the sale of goods act. section 16 of the sale of goods act which deals with the implied warranty reads:-'implied conditions as to quality or fitness.subject to the provisions of this .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1968Kant133; AIR1968Mys133; (1967)1MysLJ490
..... concerned in the case was a railway receipt. but at that time the railway receipt had not been included in the definition of 'document of title' in the sale of goods act, 1930. to decide whether the railway receipt is a 'document of title' the privy council prescribed the test as follows:'whenever any doubt arises as to whether ..... receipt, which was the document concerned, is included within the definition of the term 'documents of title' under s. 2, sub-section (4) of the indian sale of goods act, 1930. if the documents of entrustment like the way bills in the instant case had been included within the above definition, then it would have followed that the ..... of title, we shall have to see the definition of the term 'document of title' under section 2, sub-section (4) of the sale of goods act. it is as follows:' 'document of title to goods' includes a bill of lading dock warrant, warehouse keeper's certificates, wharfinger's certificate, railway receipt, warrant or order for the delivery of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC908; (1970)1SCC611; [1971]1SCR46; [1971]27STC116(SC)
..... defined as inclusive of 'all materials, commodities and articles'. that is, however an inclusive definition and does not throw much light on the meaning of the expression 'goods'. but the definition of 'goods' in the sale of goods act, 1930, as meaning 'every kind of moveable property other than actionable claims and money; and includes stock and shares, growing crops, grass, and things attached to ..... timber agreed to be sold shall be severed under the contract of sale. the timber was therefore 'goods' within the meaning of section 2(7) of the sale of goods act and the expression 'sale of goods' in the constitution in entry 54 list if having the same meaning as that expression has in the sale of good act, sale of timber agreed to be severed under the terms of the .....
Tag this Judgment!Court : Delhi
Reported in : [2008]145CompCas377(Delhi); 141(2007)DLT378
..... the power plant and the relief is based on section 59 of the sale of goods act.40. the respondent companies claim that the petitioner supplied defective medicines since from its packing it claimed to have been manufactured in germany though the same had been manufactured ..... capacity of the power plant being of 108 mw was a condition. thereforee, the plaintiff could have repudiated the contract as provided in section 12(2) of the sale of goods act or treated as a warranty by waiving the condition or elect to treat the breach of the condition as a breach of warranty and not as a ground for treating ..... been treated by the plaintiff as a breach of warranty and in view of section 12(3) of the sale of goods act, the breach of warranty gives a right to claim for damages but not to a right to reject the goods and treat the contract as repudiated. even the prayer in the plaint is for diminution of the price of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2002Bom185; 2002(2)BomCR355
..... of rs. 56,532/-. in this respect, shri vhatkar, the learned advocate for the defendant relied upon the provisions of section 64-a of the sale of goods act. 1930, which reads as under :'64-a. in contracts of sale, amount of increased or decreased taxes to be added or deducted.-- (1) unless different intention appears from the terms of the contract, in the ..... per kg. was valid only up to 31-7-1974. the defendant has also referred to section 64 of the sale of goods act and contended that if the government imposes any increase or reduction in duty after a contract for sale of goods is entered into and if the contract did not disclose any contrary intention, the buyer is required to pay the increased ..... already manufactured. therefore, any increase or reduction in the excise duty after 9-7-1974 is irrelevant and section 61 of the sale of goods act has no application. the defendant was bound to supply the brass tubes at the rate of rs. 65/- per kg. and was not justified in demanding a higher rate .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1963AP185
..... loss occasioned by his breach of contract, but the buyer shall not be entitled to any profit which may occur on the resale. these provisions of the indian sale of goods act make it clear that the defendant in the case before us is fully justified in selling the 400 pallas of cotton seeds when the plaintiff, in spiteof repeated notices ..... the present, when the principal, in spite of reasonable notice, failed to pay the price. the learned judge also pointed out that this principle is now expressly recognised by the sale of goods act, 1930 and referred to the definition of 'seller' in section 45, clause (2).the same view is taken in jagram das v. eanarsi das, ilr 12 luck. 247 ..... the high court of bombay and chief court of oudh. in any view, this decision cannot be held to be laying down the correct law after the indian sale of goods act came into force.10. it follows that the lower court has rightly rejected the claim made by the plaintiff in theplaint. but the defendant in his written statement, .....
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