Judgment Search Results Home > Cases Phrase: sale of goods act 1930 section 15 sale by description Sorted by: old Court: mumbai Page 1 of about 125 results (0.134 seconds)

JSW Steel Ltd. Vs. AI Ghuriar Iron and Steel LLC

Court : Mumbai

..... the buyer in dubai. the option is, therefore, in vain and not contemplated to supercede the right of inspection statutorily provided in section 41 of the sale of goods act. the very contention is rather impertinent. the petitioner has claimed that the right of rejection was not exercised as per the terms of the contract. under clause ..... is held to be breached. indeed that would show that the implied condition in the contract was not complied for the sale by description/specification as mentioned in section 15 of the sale of goods act. consequently upon the evidence of the respective cases of the parties the learned arbitrators came to the conclusion that the delivery ..... with the specification as to id also. 6. the respondent exercised its statutory right of examining the goods under section 41 of the sale of goods act which runs thus: 41. buyer's right of examining the goods.- (1) where goods are delivered to the buyer which he has not previously examined, he is not deemed to have accepted .....

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 .....

In Re: the Last Will and Testament of Ramchandra Lakshmanji

Court : Mumbai

Reported in : (1877)ILR1Bom118

..... finding of the ecclesiastical registrar. the annuity, although not payable until october 1877, is an item of property capable of present valuation. the provision in section 12 of act xviii of 1869, that the whole amount secured for the payment of an annuity shall be taken to be ten times the annual payment, is in that same ..... 1870 must be limited to suits, and cannot be held to apply to probates. the fee payable in respect of the probate of a will is fixed by act vii of 1870, schedule i, clause 11, at 2 per cent, on the value of the property, and we consider that the value of this annuity for ..... section expressly stated to be made for the purposes of that act, and we do not see how we can extend it. it also seems to us that the provisions of chapter iii of ..... from the market value of the annuity, and the probate fee be charged at the rate of 2 per cent. on the balance (see in the goods of innes, 8 beng. l.r. 43, appx.). .....

Valaji Isaji and ors. Vs. Thomas

Court : Mumbai

Reported in : (1877)ILR1Bom190

..... his return after about (20) twenty days i will make and deliver a deed of sale in accordance with what is written above. should i not make and deliver the deed of sale within that time, or on the return of the said person. i will make good whatever loss you may sustain. and rs. (100) one hundred, which you have ..... does not appear to us that this difference affects the question of registration. the law applicable to the question is contained in clauses (2) and (3) of section 17 of act viii of 1871, which renders registration of the following instruments compulsory, viz.:3. 'instruments (not being wills) which purport or operate to create, declare, assign, limit or extinguish, ..... is of opinion that the yadi (receipt, exhibit no. 9) of the 18th april 1872 being unregistered was by section 17, clauses 2 and 3, and section 49 of act viii of 1871 inadmissible in evidence. if authority for this proposition were needed, we have it in futteh chund sahu v. leelumber singh doss (14 moore ind. ap. 129), .....

Narayan Moreshvar Pendse Vs. Yamunabai Wife of Narayan Moreshvar Pends ...

Court : Mumbai

Reported in : (1877)ILR1Bom164

..... that gross failure by the husband of the performance of the obligations which the marriage contract imposes on him for the benefit of the wife, might, if properly proved, afford good grounds for refusing to him the assistance of the court' (11 moore i.a. 615). in the present case we are only concerned with the question of cruelty; and on ..... of this description. but it is impossible to pay any attention to a mere verbal allegation made at this late period of the proceeding's. if the defendant had so good a defence, she should have made it distinctly, and have raised an issue regarding it. she should, at least, have come forward to give evidence. she was summoned as ..... to question; but, so long as their jurisdiction is not barred by legislation, our courts have no discretion in the matter. in the case of parsis the legislature has, by act xv of 1865, made express provision for such suits and for the enforcement of the decree [section 36]: and the cases to which we have referred are, we think, .....

Shepherd Vs. the Trustees of the Port of Bombay

Court : Mumbai

Reported in : (1877)ILR1Bom132

..... the corporation. it is contended that, as the resolutions complained of are calculated to injure the character of the plaintiff in his business of contractor for the carriage of goods and passengers, and specially in respect of this that such resolutions are transmitted and brought to the notice of the local government, with whom the plaintiff's contracts ..... such that the learned counsel for the plaintiff attempts to sustain his application. i understood his argument to be this. the defendants are constituted a corporation by their act (bombay act i of 1873) with certain defined trusts and powers. it is no part of the trusts and powers so vested in them to pass, record, and transmit ..... vires of the port trustees as being connected with business which it is not disputed they had powers to transact, viz., the hiring and possible sale of their steamer, the 'dromedary,' and as being an expression of an opinion or advice, whether right or wrong, for the guidance of their successors in office. .....

Lallubhai Bapubhai Kandas Mulchand Ramdas Jagmohandas and Manikji Dhan ...

Court : Mumbai

Reported in : (1878)ILR2Bom388

..... in placita 4 and 5, and amongst them are the paternal great-grandfather's mother and the paternal great-grandfather's grandmother, and he says that the same analogy holds good amongst the samanodakas (see colebrooke's note to section v, pl. 5, of the mitakshara). there does not appear to be any better reason for supposing that vijnyanesvara's ..... that, if she have not disposed of them in her life-time, the executors may either retain them as part of the trust estate, or realize their value by sale for the benefit of the estate. having regard to the whole of the will, we do not think that there was any intention to give to the executors a beneficial ..... of mulji nandlal, and as such entitled to his undisposed of estate. the issues originally framed were:1. whether this suit is barred by the provisions of act xiv of 1859, an act to provide for the limitation of suits.2. whether the plaintiffs lallubhai bapubhai and kasidas mulchand are the nearest heirs of mulji nandlal according to hindu law.3 .....

Maniklal Atmaram Vs. Manohershi Dinsha Coachman

Court : Mumbai

Reported in : (1877)ILR1Bom269

..... different notions prevailed amongst professional men, or most of them, in bombay, with reference to the powers of a hindu executor who had obtained probate to give a good title to a purchaser for value of immovable property belonging to the testator, to the notions which may be said to prevail now with respect to such powers, ..... is prescribed as the period of limitation for suits 'to recover possession of immoveable property, conveyed in trust, or mortgaged, and afterwards purchased from the trustee, or mortgagee, in good faith and for value'. the words 'conveyed in trust' must, i think, be construed to include devises in trust, or, perhaps, as equivalent to the words 'vested in ..... , but bona fide, within the meaning of article 134 of schedule 2 and of section 10 of the indian limitation act ix of 1871.12. there is another question worthy of consideration and that is, whether the sale of the property by rajkuver (i say nothing of the application by her of the purchase-money) was, in the .....

Reg Vs. Hanmant Gavda

Court : Mumbai

Reported in : (1877)ILR1Bom228

..... bring a person within the penalties provided in section 2 of the act, it would have been useless to enact the penalties provided by sections 3 and 8 of the act for fraudulently offering adulterated cotton for sale or for compression. the possession of stolen goods soon after the theft justifies a presumption that the person in possession is ..... either the thief or has received the goods, knowing them to be stolen (section 114, evidence act), if the same analogy be applied to ..... such receipt would be punishable. in the present instance it is just as likely that the prisoner bought dirty cotton from the cultivators, intending to sell it as good cotton, as that he adulterated it himself; but, if that were so, there is nothing in the law which would make him liable to punishment, until .....

Reg Vs. Hanmanta

Court : Mumbai

Reported in : (1877)ILR1Bom610

..... has been rejected by the sessions judge for the same reason, as not being proved to have been regularly kept in the course of business. this might be a good reason for rejecting the accounts, if offered in evidence against any person other than the contractor, or his partners. but, as against the contractor or his partners, the ..... . the evidence against the principal respondents consists mainly of (1) the accounts of their broker, one ladak haji, of bombay, to whom all the wood was consigned for sale; (2) the genuine accounts of the firm, kept at the different depots in alibagh; and (3) the forged books, which it was intended to substitute for the ..... abetment took place in the kolaba collectorate, and the charge accordingly alleges that the abetment did take place in that collectorate. but we find no proofs of any act of abetment committed therein by hanmanta. a letter containing directions for the fabrication of evidence is alleged to have been written by his direction at alibagh: but it .....