Court : Mumbai Goa
..... of the vehicle under agreement with the manufacturer is expected to see that vehicle is insured when it is in his possession. 16. under sections 19 and 21 of sale of goods act, 1930 the sale becomes complete when the conditions laid down are satisfied, which read as under: 19. property passes when intended to pass (1) where there is a contract for the ..... co. reported in air 1958 s.c. 560. in this case, the apex court has discussed the conditions for transfer of property vehicle and held thus: to constitute a valid sale of the goods under the sale of goods act, there must be cogent and convincing evidence of : (i) agreement between the competent parties, (ii) the price for the .....
Tag this Judgment!Court : Mumbai Goa
..... on to the appellant, drawn with the aid of section 20 of the sale of goods act is perverse? 12. mr. s. d. lotlikar, learned senior counsel, on behalf of the defendant, after reading some averments made in the plaint and the prayer ..... contract and whether such an exercise was impermissible? b) whether the respondent could be said to be unpaid seller within the meaning of section 45 of the sale of goods act 1930 and whether the conclusion drawn by the learned trial judge that the respondent was an unpaid seller and that the property in the computer system had passed ..... the plaint to say that the plaintiff is unpaid seller. he read section 19 of the sale of goods act, 1930 (henceforth referred to as said act) and argued that the same pertains to the sale of specific or ascertained goods. according to him, since the goods were not received in the present case, the same cannot be called as specific or .....
Tag this Judgment!Court : Mumbai Goa
..... these two conditions are fulfilled, no fees can be levied or collected by the market committee even though the goods may be marketed in the area. the fees are leviable only on the sale transaction of agricultural produce as defined in the act read with schedule marketed in the market area and the liability for the payment of such fees is on the ..... an article. the commodity must be displayed for sale and by a seller and that commodity is purchased by purchaser. these acts constitute marketing of a commodity." "12. the word "market" as a verb is defined in the dictionary as "buy or sell in the market; sell (goods) in market". unless, therefore, the goods are offered for sale and are purchased by others, there is .....
Tag this Judgment!Court : Mumbai Goa
..... with defendant no.6. he submitted that each year the amount would vary and therefore it is a variable contract, and these phrases are well understood in the sale of goods act. the perusal of the agreement would show that there is a fixed increment every year. thus one can easily foresee what the amount would be after specified ..... the lease holder or any person involved in winning or mining of minerals other than member of family acting in capacity of agent or power of attorney and the like; and includes person who buys and processes minerals for sale or for utilization for their own purposes or a person who holds a mining lease granted under mineral ..... the mining leases which are to be granted and operated, will be strictly in terms of the act and rules, in consonance with constitutional provisions. 22. the rules of 2013 dealt with prevention of illegal mining and to regulate the sale, export and transit of ore, storage of mineral and transportation and winning of mineral. it defined certain .....
Tag this Judgment!Court : Mumbai Goa
..... arise from the pcc and not de hors the same. in para 12 of the judgment, the court observed that the negotiable instruments act, 1881, indian contract act, sale of goods act and transfer of property act were brought into effect in goa from 1st december, 1965. hence, these legislations came to be made applicable to the state of goa ..... presently). 4. it is seen that the period of limitation under the pcc is six months from the date of knowledge of the sale. 5. the limitation act, 1963, repealing the earlier limitation act, 1904, was enacted a year or so after the liberation of goa. it applies to the whole of india, except the state ..... by the appropriate legislative authority. the promissory note signed by the respondents in that case was under the negotiable instruments act. the deed of .....
Tag this Judgment!Court : Mumbai Goa
..... .. learned presiding officer pursuant to these observations, held that though the offending vehicle in the present case has been designated as a light goods vehicle, it cannot, in view of section 66 of the m.v. act. be held to be a transport vehicle. the finding of learned presiding officer, in my considered view, cannot be sustained. 9. ..... which is annexed at page 31 of the paper book. mr. timble submits that the vehicle, in question, was a goods carriage and therefore, is a transport vehicle within the meaning of section 2(47) of the m.v. act. he further submitted that respondent no.2, however, was authorised to drive only (i) motor cycle without gear, (ii) ..... of the accident, was authorised to drive the same? 10. the definition of goods carriage is given in section 2(14) of the m.v. act. as per this section, goods carriage means any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage .....
Tag this Judgment!Court : Mumbai Goa
..... respondent is engaged in the business of the extraction, processing and export of iron ore. the respondent company is having their mines in various parts of goa. the sale and administration work of the company, in connection with the operations, is carried out at its head office at chowgule house, mormugao harbour, goa. it was ..... the company could have destroyed the record pertaining to the period starting from the year 1977. the learned senior counsel has submitted that the provisions of the act of 1948 are beneficial in nature, aimed at securing various benefits to the employees of the factories and establishments as mentioned thereunder. the learned senior counsel has ..... administrative work is carried out, is distinct from the operations of the mines. as such, the respondent did not register the same under the provisions of the act of 1948. 4. the appellant, by a letter dated 03/04/1996, sought details from the respondent, claiming that the administrative office from where the business or .....
Tag this Judgment!Court : Mumbai Goa
..... the permission of the proper officer of customs. each ex-bond bill of entry was filed bearing identical endorsements goods sold on high seas sale. the sale of goods was fraudulently shown on high seas sale basis though the goods have been sold under customs bond on transfer of ownership basis. further, there was no declaration of any name ..... same to cbec, new delhi. upon examination and interpretation of section 14(1) of the customs act, 1962, the cbec issued the circular no. 11, dated 03/06/2010, which ultimately states that in case of sale of imported goods, after they are warehoused on indian territory, the value at which such transaction took place will not ..... qualify as the transaction value, as per section 14 of the customs act, 1962. 26. in view of the above circular, the petitioners cannot .....
Tag this Judgment!Court : Mumbai Goa
..... without the permission of the proper officer of customs. each ex-bond bill of entry was filed bearing identical endorsements goods sold on high seas sale . the sale of goods was fraudulently shown on high seas sale basis though the goods have been sold under customs bond on transfer of ownership basis. further, there was no declaration of any name ..... same to cbec, new delhi. upon examination and interpretation of section 14(1) of the customs act, 1962, the cbec issued the circular no. 11, dated 03/06/2010, which ultimately states that in case of sale of imported goods, after they are warehoused on indian territory, the value at which such transaction took place will not ..... qualify as the transaction value, as per section 14 of the customs act, 1962. 26. in view of the above circular, the petitioners cannot .....
Tag this Judgment!Court : Mumbai Goa
..... order failing which action for recovery as envisaged under section 20 of the act shall be initiated. the said order further directed that the licences both wholesale sale of imfl and retail sale of imfl and country liquor in packed bottles stood cancelled. the liquor goods attached were confiscated in favour of the government and ordered to be destroyed ..... liquor shall maintain a full account of his transactions in such article or foreign liquor in the prescribed form.? (c) section 9 of the act provides as under: 9. sale of excisable article or foreign liquor. no excisable article or foreign liquor shall be sold except under the authority of a licence issued under this ..... act; provided that the government may, by notification, direct that a licence for sale granted under any other law for the time being in force in the state may, subject to such conditions as may .....
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