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 .....
Tag this Judgment!Court : Kerala
Reported in : AIR1959Ker29; [1959]10STC1(Ker)
..... , charge or pledge.'(explanations are omitted as they are immaterial for purposes of this case). section 4 (1) of the indian sale of goods act, 1930, defines a contract of sale of goods as :'a contract whereby' the seller transfers or agrees to transfer the property in goods to the buyer for a price.'clause (3) of the same section enacts :'where under a contract of ..... by the petitioners to the 'ultimate purchasers' and that there was only one sale by the madura mills direct to the 'ultimate purchasers'.10. section 23 (1) of the indian sale of goods act, 1930, provides :'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 .....
Tag this Judgment!Court : Kerala
Reported in : AIR2001Ker98
..... , according to the counsel for the appellant-plaintiff. 4. counsel also placed reliance on s. 14 of the sale of goods act and contended in a contract of sale, unless the circumstances of the contract are such as to show adifferent intention there is an implied condition on the ..... an ambassador car dhb 8043 to the plaintiff on 6.8.1972 fora sum of rs. 13,750/-. he purchased the car in good faith, though defendant had not transferred the registration in the name of the plaintiff. plaintiff was made to believe that defendant had the ..... part of the seller that, in the case of a sale, he has a right to sell the goods and that, ..... in the case of an agreement to sell, he will have a right to sell the goods at the time when the property is to pass. .....
Tag this Judgment!Court : Kerala
Reported in : 2006(2)KLT417
..... be confiscated, it is submitted. the learned counsel made persuasive submissions elaborately referring to the legal position as obtaining from the sale of goods act, transfer of property act, motor vehicles act and the abkari act. reference also was invited to several decisions of the supreme court as well as this court. the sheet anchor of the ..... versa. the transfer of ownership of a vehicle is a matter governed not by the provisions of the motor vehicles act but by the provisions of the sale of goods act. a transfer made in accordance with the sale of goods act must precede registration certificate and that such certificate is not a document of title. (the oriental fire & general ..... far as a vehicle is concerned. as a matter of fact ownership depends on the conduct of the parties in terms of section 19 of the sale of goods act regarding the passing of the property. unless the vehicle has factually been transferred, there cannot be any change in the registration. in other words, ownership .....
Tag this Judgment!Court : Kerala
Reported in : (2007)10VST195(Ker)
..... . further insurance documents, financing documents are also not raised in favour of csd but in favour of individual purchasers. no transfer of property as defined under the sale of goods act has been effected in favour of csd, and no consideration has been passed between the assessee and the csd. we therefore find no infirmity in the stand of ..... of the apex court in agricultural market committee v. shalimar chemical works ltd. : air1997sc2502 and submitted that section 19 of the sale of goods act attempts to give effect to the elementary principle of law of contract that the party may fix the time when the property in the ..... the benefit of the abovemen-tioned s.r.o. referring to sections 19 and 20 of the sale of goods act, 1930 counsel submitted that in effect the transfer was in favour of csd though the certificate of sale, etc., under the motor vehicles act and rules, stood in the name of individual purchasers.5. counsel placed reliance on the decision .....
Tag this Judgment!Court : Kerala
Reported in : [1957]8STC854(Ker)
..... trivandrum address. there is a full discussion of the cases dealing with the endorsement of railway receipts at pages 37 to 40 of aggarwala's commentary on the indian sale of goods act, 1930. the view that appeals to us is the view expressed in sheo prasad v. dominion of india a.i.r. 1954 all. 747 wherein it is ..... that the seller retains the title in the goods as security for payment of the price, be deemed to be a sale.explanation (2).-notwithstanding anything to the contrary in the sale of goods act for the time being in force, the sale or purchase of any goods shall be deemed for the purpose of this act, to have taken place in the state of ..... travancore-cochin wherever the contract of sale or purchase might have been made-(a) if the goods were actually in the state of travancore- .....
Tag this Judgment!Court : Kerala
Reported in : AIR1964Ker256
..... title and interest of the mortgagor in these properties. by successive assignments some of the propertis purchased by him came to be vestsd in the plaintiff. in the sale deed in favour of the plaintiff there was a direction by the veador that the plaintiff should discharge the decree debt in o.s. 337/1109 out of the ..... the mortgage he gets two distinct rights; one for contribution and the other for subrogation......... the former right he gets under section 82 of the transfer of property act and section 100 confers a charge by operation of law in his favour on the properties which have not contributed towards the liquidation of the debt. the other right ..... the defendants' mother under ext. p 2.4. the question for consideration is whether the plaintiff is entitled to contribution. section 82 of the transfer of property act is as follows:'where property subject to a mortgage belongs to two or more persons having distinct and separate rights of ownership therein, the different shares in or parts .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Kerala
Reported in : AIR1985Ker255
..... later date depending on the priorities in making the payments. under section 23 of the sale of goods act where there is a contract for the sale of unascertained or future goods by description, the property in the goods passes to the buyer when goods of that description in a deliverable state are unconditionally appropriated to the contract. the present ..... k.n. narayana kaimal appearing for one of the petitioners in this batch relies on section 34 of the sale of goods act in support of the proposition that if there is part-delivery, the property in the goods passes to the purchaser. section 34 has no application to the present case for, there had been no ..... cases will fall under section 23 of the sale of goods act as the contract related to unascertained as well as future goods by description. none of the petitioners has a case that the goods for delivery had been ascertained and put in a deliverable state to be appropriated towards the .....
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!