Judgment Search Results Home > Cases Phrase: sale of goods act 1930 section 5 contract of sale how made Page 1 of about 4,916 results (0.213 seconds)

Mettur Beardsell Limited, a Public Limited Company by Its Secretary, 4 ...

Court : Chennai

Reported in : AIR2001Mad466; (2001)2MLJ432

..... 82 for supply of certain quantity of yarn as claimed by the plaintiff. as per sub-section (1) of section 5 of sale of goods act, 1930, a contract of sale is made by an offer to buy or sell goods for the price and the acceptance of such offer. ex. a-32 cannot be termed as an offer, in the absence of ..... though it had no knowledge of what had happened. the plaintiff having had full knowledge of the transfer of business as and from 1.1.1983, having supplied goods to 3rd defendant and received payment from 3rd defendant, the first defendant is not liable to answer the suit claim as the plaintiff had recognised the transfer and agreed ..... as the same is completed, they will discharge their outstandings. the plaintiff has no knowledge of the change in the management of the first defendant. the plaintiff supplied the goods only to the first defendant. on 19.7.83 the plaintiff sent a registered notice to the mettur textiles private limited, rukmani sewing threads, silaiman, madurai and mettur .....

Motilal Channoolal Vaish Vs. Golden Tobacco Co.

Court : Madhya Pradesh

Reported in : AIR1957MP223

..... .this was the plaintiff's position so far as the supply of the goods was concerned, and in the absence of any liability to account for the sale proceeds, the transactions would be deemed to be made on the basis of contracts of sale within the meaning of section 5, sale of goods act, 1930. this conclusion is not affected by the fact that on one ..... occasion, as a special case as ext. p-21 shows, the defendant-company had taken back the soiled goods. other matters concern the plaintiff's position as the distributor, which .....

State of U.P. and Others. Vs. Combined Chemicals Company Private Limit ...

Court : Supreme Court of India

..... that the contract had not been executed. this view is consistent with the plain language of section 5 of the sale of goods act, 1930, sub-section (1) whereof lays down that a contract of sale is made by an offer to buy or sell goods for a price and the acceptance of such offer. that sub-section further lays down that the contract may ..... provide for the immediate delivery of the goods or immediate payment of the price or both, or for the delivery or payment ..... time being in force, a contract of sale may be made in writing or by word of mouth, or partly in writing and partly by word of mouth or may be implied from the conduct of the parties.16. in this case, the bid given by the respondent amounted to an offer to sell goods i.e., zinc sulphate of agriculture grade .....

Reliance Industries Limited and Others Vs. State of U.P. and Others

Court : Allahabad

..... . open access system (xv) construction of agreement (xvi) whether gspa/gta are colourable device to escape tax liability? (xvii) whether movement is necessary to constitute inter-state sale (xviii) situs of the sale (xix) sales of goods act (xx) assessing authority (xxi) main judgments relied upon by the state of u.p. (xxii) american law (xxiii) finding we have heard shri abhishek manu singhvi, shri ..... of rajasthan, a division bench of rajasthan high court ruled that the gas, water and electricity are not the goods covered by the sales of goods act which applies only to goods as defined in section 2 (7) of the sales of goods act. the court held that the goods must be movable property. rajasthan high court relied upon the apex court judgment reported in air 1965 sc 666 .....

C. Panneerselvam Vs. Manoharan

Court : Chennai

..... disputed by the plaintiff. 11. as rightly found by the trial court, the alleged transaction projected by the plaintiff would not satisfy the contract of sale contemplated under section 5 of the sale of goods act, 1930. as found earlier, a perusal of ex.a1 does not show that any offer has been made by the plaintiff to sell the groundnuts ..... 15. barring ex.x1, there is no other material on the side of the plaintiff to hold that there is a concluded contract of sale between the plaintiff and the defendant as contemplated in the sale of goods act, 1930 with reference to the groundnuts. 16. in this connection, the defendant counsel placed reliance upon the decision reported in 2002 -1- l ..... upon a letter between the parties with reference to supply of yarn, the high court was pleased to hold that it is not a contract to sell and buy goods and therefore, on the line of such authority, this court should also hold that ex.a1 cannot be termed as a receipt for fastening liability on the defendant. .....

District Board, Hoshiarpur Vs. F. Hira Singh Jagat Singh and ors.

Court : Punjab and Haryana

Reported in : AIR1968P& H289

..... intention of the parties depends on the facts of each case. according to mr hoshiarpuri, the salas conducted by the dealer fall within the purview of section 22 of the sale of goods act. on the other hand, it is suggested by mr. d. n. aggarwal, the learned counsel for the dealer, that there is no evidence on the record of ..... time elapses or the conditions are fulfilled subject to which the property in the goods is to be transferred (section 4 of the sale of goods act, 1930). section 5 of the sale of goods act provides that a contract of sale is made by an offer to buy or sell goods for a price and the acceptance of such an offer. the contract may provide ..... the shop before the dealer s man goes to the godown to give delivery, but it has also been found that the goods are not weighed, measured, tested, etc., at the godown section 22 of the sale of goods act has therefore, no application to this case from the evidence on record, it appears that the purchasers enter into unconditional contracts .....

Mathew Thankachan Vs. V.G. Manoharan and ors.

Court : Kerala

Reported in : II(1999)ACC142; 1999ACJ275; AIR1998Ker128

..... bench observed :'payment of price and delivery of the vehicle make the transaction complete and the title will pass to the purchaser under the provisions of the sale of goods act. for transfer of ownership of a motor vehicle mutation of, certificate is not necessary. obligation to register the vehicle for controlling and regulating the movements of ..... a considered judgment another division bench of this court in sumathy v. raghavan, (1996) 2 ker lt 1018, held:'if the sale of the vehicle is complete according to the provisions of the sale of goods act, 1930, notwithstanding the fact that there is no mutation in the registration certificate in favour of the transferee the transferee becomes its ..... the said kychit he got the vehicle released from police station as the owner of the vehicle.11. it is a settled position that the sale of motor vehicle is governed by the sale of goods act and is compiete when the consideration is paid and the vehicle is delivered irrespective of the fact that the .....

Essar Steel Ltd. and ors. Vs. Union of India (Uoi), Through Secretary ...

Court : Gujarat

Reported in : 2004(176)ELT64(Guj); (2006)1GLR436

..... by the petitioner in respect of supplies effected by respondent no. 3 and received by the petitioner over a long period of time. he submitted that the provisions of sale of goods act clearly militate against such a claim. he has relied upon a decision in the case of dhanyalakshmi rice mills v. commissioner of civil supplies and anr., reported in : ..... is a contract in the realm of private law. it is not a statutory contract. it is governed by the provisions of the contract act or, may be, also by certain provisions of the sale of goods act. any dispute relating to interpretation of the terms and conditions of such a contract cannot be agitated, and could not have been agitated, in ..... 7.1996 is also in tune with the requirement of law. he relied upon the provisions of sale of goods act, 1930. he relied upon section 5 of the act which stipulates that 'a contract of sale is made by an offer to buy or sell goods for a price and the acceptance of such an offer. price is defined by section 2(10) .....

K.M. Hameed Sultan Vs. Collector of Customs and Central

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in : (1988)LC640Tri(Chennai)

..... is not a document of title. a way bill issued by the public carrier is not specifically included in the definition of documents of title under section 2(1) of sale of goods act, 1930.6. reference may usefully be made in this connection to the ratio of the division bench ruling of the karnataka high court in the case of the canara ..... ownership was produced before the authorities.if the title to the goods is lost to the apellant by reason of a sale under the provisions of the sale of goods act, 1930, the appellants in law do not have any right to claim the goods on the footing of ownership. under the provisions of sale of goods act, 1930, the controlling factor, such as the passing of transfer of .....

Mafatlal Holdings Ltd. Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2004)85TTJ(Mum.)821

..... ownership in the shares under consideration. thus, the shares have been transferred to m/s arvi associates as per the provisions of law. the provision of sale of goods act, 1930, relied upon by the learned departmental representative are moreover in favour of the assessee. the genuineness of this transaction, therefore, cannot be challenged.50 ..... by the assessee-company. in this connection, we would like to refer to some of the provisions of sale of goods act. section 2(4) of the sale of goods act, 1930, pertaining to definitions reads as follows : "document of title of goods includes a bill of lading, dock-warrant, warehouse keeper's certificate, wharfingers' certificate, railway receipt, ..... with the transfer process itself. so far as the transfer of shares is concerned, the same is guided solely by the provisions of sale of goods act, 1930, and the companies act merely provides for the mechanism in which such shares already transferred in the eyes of law, will be mutated in the books of the .....