Judgment Search Results Home > Cases Phrase: sale of goods act 1930 section 15 sale by description Page 9 of about 1,279 results (1.498 seconds)

Cotton Corporation of India Ltd. Having Its Regd. Office at Bombay and ...

Court : Chennai

Reported in : (2002)3MLJ266

..... damages for breach of warranty. even if there is no express warranty in the circumstances of this case, under section 16(2) of the sale of goods act there would be an implied condition that the goods shall be merchantable quality.'23. we are inclined to prefer the latter judgment, in the sense, the judgment reported in because in the ..... of the seller or when after the lapse of reasonable time, he retains the goods without intimating the seller that he has rejected the same. none of the ingredients as mentioned in section 42 of the sale of goods act is applicable to the facts of the present case, in the sense, that the defendant has not ..... conduct accepted the 'nicaragua cotton'.25. section 42 of the sale of goods act also made it clear that the buyer is deemed to have accepted the goods when he intimates the seller that he has accepted them or when the goods have been delivered to him and he does not act in relation to it, which is inconsistent with the ownership .....

Hindustan Steel Limited Vs. the Secretary-cum-commissioner, Water Reso ...

Court : Patna

..... that his place of business is in a particular town or city. he further contends that section 39(1) of the sale of goods act clearly shows that responsibility of the seller is not over by loading the goods for consignee. further contention of the learned counsel for the opposite parties is that after amendment of 2002 in the code ..... made was at dhanbad. learned counsel for the petitioner further submits that section 39 of the sale of goods act, 1930, specifically provides that the delivery of goods to a carrier or a wharfinger is delivery of goods to the buyer and hence the goods were delivered to the carrier at dhanbad. in this connection he relies upon several decisions of ..... for returning the plaint to the plaintiffs as the suit was not maintainable at supaul. he further contends that the agreement took place at dhanbad and delivery of goods to the carrier was also made at dhanbad, whereas payment was made at calcutta head office of the defendant. he also claimed that there is no office of .....

Official Receiver, Jhansi Vs. Jugal Kishore Lachhi Ram Jaina, Hyderaba ...

Court : Allahabad

Reported in : AIR1963All459

..... line of reasoning followed by my learned brother jagdish sahai equity was not being deployed to override law. there was, in my view, nothing in either the contract act or the sale of goods act which compelled a court to uphold the fraud practised in the instant case.3. i agree with the opinion of my learned brother jagdish sahai.jagdish sahai, j.4 ..... that mukerji had obtained possession of the shares with the consent of the agent of bhuiya, i.e. paul within the meaning of section 30(2) of the indian sale of goods act and it was immaterial as to whether or not paul's consent had been obtained by fraud. on appeal a division bench of the calcutta high court reversed the judgment ..... possession of the same with the consent of the seller with the result that the pledge would be effective under the provisions of section 30(2) of the indian sale of goods act in the same way as the right of the original seller did not exist. the case of the defendant bank on the other hand was that mukherji was not .....

B.O.i. Finance Ltd. Vs. Custodian and ors.

Court : Supreme Court of India

Reported in : AIR1997SC1952; 1997(4)ALLMR(SC)450; [1997]89CompCas74(SC); JT1997(4)SC15; 1996(5)SCALE17; (1997)10SCC488; [1997]3SCR51

..... the validity of the transfer of the securities has to depend on the provisions of the transfer of property act and the sale of goods act relating to transfer and not to the validity of the agreement preceding the transfer. like any other movable goods the securities could validly be purchased on delivery against payment of price as per sections 4 19 and 20 ..... of the sale of good act. the price paid, while taking delivery, was the consideration for the transfer of the securities. when the transfer of title has taken place the agreement between the parties preceding ..... regarding the object, purpose and scope of that law. if the statute is found to be directory a penalty may be incurred for non-compliance but the act or thing done is regarded as good. it is unnecessary to multiply these cases which are based upon the statement in maxwell which is quoted over and over again.32. it will also .....

M/s. Raj Shipping and Another Vs. The State of Maharashtra, Through th ...

Court : Mumbai

..... and deliverable state are done away with in section 4 of cst act, 1956. the rest of section 4(2(b)) of the cst act, 1956 is in pari materia with section 23 of the sale of goods act, 1930. 53.4) section 19(3) of sale of goods act, 1930 is to effect that rules contained in section 20 to section 24 ..... heavily by mr.sridharan. he sums up his arguments on this point as follows: 55.1) section 22 of the sale of goods act, 1930 similarly states that where the seller is bound to weigh or measure the goods, the property in the same does not pass until such measurement or weighment is completed. as stated in atiyah (supra ..... makes certain deviations from the exact terms of section 23 of the sale of goods act, 1930. 53.2) section 23 of the act provides as follows: 23. sale of unascertained goods and appropriation. (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 .....

Arun (1953) (Private) Ltd. Vs. State of Madras Represented by Commerci ...

Court : Chennai

Reported in : AIR1961Mad216; [1960]11STC723(Mad)

..... or section 22 would apply, because unless the goods sold are specific goods, as defined by section 2(14) of the sale of goods act, the further question whether the transaction falls within the scope of section 20 or 21 or 22 may not arise.the transaction, in our ..... crossed the customs frontier.4. learned counsel for the assessee urged that it would be a case of sale of specific goods coming within the scope of section 20 of the sale of goods act. on the facts of this case, we are un-able to see any real basis for that contention. therefore, it is not necessary for us to consider whether section 21 .....

Moulana Traders, Rep. by Its Sole Proprietor, P. Kather Oli Vs. the Of ...

Court : Chennai

Reported in : 2005(2)CTC520

..... mr. harishankar.5. having regard to the points brought to my notice by the learned counsel on either side, i went through the records. as provided in the sale of goods act itself (i.e.) section 19(2), the terms of the contract, the conduct of the parties and the circumstances of the case must be borne in mind before ..... role. since the transaction in question is covered by the provisions of the sale of goods act, the court has to look into chapter iii of the said act. here is a case of sale of specific/ascertained goods. under section 19(1) of the sale of goods act, the property in the goods passes to the buyer at such time as the parties to the contract ..... of india in the judgment referred to above had held as follows:'a contract of sale, like any other contract, is a consensual act inasmuch as parties are at liberty to settle, amongst themselves, any terms they may choose. section 19 of the sale of goods act attempts to give effect to the elementary principle of the law of contract that the .....

Pl. Palaniappan Vs. the Jankiram Mills Ltd.

Court : Chennai

Reported in : 1997(3)CTC423

..... will be made hereinafter. both the learned counsel invited our attention to the evidence on record as also the findings recorded, the relevant provisions contained in the sale of goods act and tried to draw inspiration for their respective sand from some of the judgments, which will be noticed hereinafter.8. strong reliance has been placed by the ..... unsuccessfully and thereafter, the matter was taken before the apex court. it was in the said context, the relevant scope of sections 23 and 25 of the sale of goods act came to be considered by the apex court us hereunder:'learned solicitor-general appearing in 'support of this appeal contends that having regard to the terms of the ..... of the buyer. in gobarron v. kreeft (2875) 10 ex 271, lord parker laid down the principle as follows:'the english cases, however, on which the sale of goods act, was founded seem to show that the appropriation would not be such as to pass the property if it appears or can be inferred that there was no actual .....

Dhiraj Lal Mehta Vs. Commissioner of Commercial Taxes and ors.

Court : Kolkata

Reported in : AIR1963Cal442

..... to make a reference to certain relevant sections of the sale of goods act and the bengal finance (sales tax) act, 1941 on this point of sale of goods.27. the bengal finance (sales tax) act, 1941 has for its preamble 'an act to impose a general tax on the sale of goods in bengal'; it also says in the preamble:--'whereas it ..... and specification. i have already said that the petitioner does not manufacture of produce these goods. the term 'ascertained goods' although used in section 58 of the sale of goods act is not defined by that act. sir dinshah mulla's commentary on the sale of goods act, second edition, edited by sir b. l. mitter at page 92 suggests ' ..... mukherjee for the petitioner, on the other hand, has contended that the goods under the contract are not specific goods but future goods and relied on the definition of 'future goods' in section 2(6) of the sale of goods act which says that 'future goods' mean goods to be manufactured or produced or acquired by the seller after the .....

indralaya Ltd. Vs. Additional Commissioner, Commercial Taxes, West Ben ...

Court : Kolkata

Reported in : AIR1958Cal343,[1958]9STC633(Cal)

..... of buttons or thread etc., which may be considered as sale of goods. in so far as the bengal finance (sales tax) act attempts to include within its ambit and declares such transaction as sale of goods it is doing so contrary to the definition of sale of goods to be found in the sale of goods act. for reasons stated in dukhineswar sarkar's case (c) ..... derived from the latter case is the principle delineated therein that sale for the purpose of the bengal finance (sales tax) act, must mean sale as known to law and as governed by the sale of goods act. it has been pointed out there that if any other definition of the sale of goods is attempted, there was a way of making it legal ..... (supra) this cannot be allowed and the provision of law contained in section 2(4), of the act is to that extent ultra vires .....