Judgment Search Results Home > Cases Phrase: sale of goods act 1930 section 5 contract of sale how made Page 2 of about 4,916 results (0.176 seconds)

Fancy Corporation Ltd. and anr. Vs. Union of India and ors.

Court : Delhi

Reported in : 46(1992)DLT224; 1992(38)ECC103

..... contract is lacking in such a case and we do not think we should bind the petitioner to the law of contract as understood normally under the contract act and the sale of goods act and deprive it the relief. in this connection principles laid down by the supreme court in central inland water transport corporation ltd. and another v. brozo ..... policy and prices are fixed by the pricing committee headed by cci&e; and goods could be imported on the basis of release orders. the buyer has no choice to negotiate ..... such offer. 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 by installments, or that the delivery or payment or both shall be postponed (sections 4 and 5 of the sale of goods act, 1930). here the stc is a canalising agency under the import .....

Kei Industries Ltd. Vs. D.V.B. (Since Renamed And#8220;delhi Power Sup ...

Court : Delhi

..... court. 24. in view of above legal position, the learned single judge was perhaps not justified in allowing desu to raise a plea predicated upon section 11 of the sale of goods act. that apart, in view of the law declared in trans trusts case (supra), the view taken is even otherwise incorrect. 25. on the subject whether the ..... to opening of a letter of credit by desu in favour of the appellant were not essential terms of the contract, a reasoning predicated upon section 11 of the sale of goods act, 1930, it is significant to note that a perusal of the pleadings of desu before the arbitral tribunal evidences no such stand being taken. 22. there can ..... contained in the contract between the parties were of the essence of the contract, which assumption was incorrect in view of the provisions of section 11 of the sale of goods act, 1930 which provision stipulates that unless a different intention appears from the terms of the contract, stipulations as to time of payment are not deemed to be of .....

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 .....

M.P. Laghu Udhog Nigam Maryadit, Bhopal and anr. Vs. Gwalior Steel Sal ...

Court : Madhya Pradesh

Reported in : AIR1992MP215

..... under pule 11(a) of order 7, a plaint is liable to be rejected when it does not disclose the cause of action. povisions of sections 4 and 5 of sale of goods act, 1930, for short, the act, are also to be juxtaposed at this stage. a distinction is made in section 4 between 'a contract of ..... sale' and 'an agreement to sell' and the formalities of the contract of sale are contemplated under section 5. reference may also be made in this context to section 9 which contemplates that price in a contract of sale 'may ..... aforecited and the language of sections 4, 5, 9 and 31 of the act, i have no hesitation to endorse that view. in regard to an enforceable contract of sale contemplated under section 5, it is to be stated how an 'offer' was made to buy or sell goods and how that was accepted and what was the stipulation in regard to the .....

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 .....

E.i.D. Parry (India) Limited Vs. Assistant Commissioner of Commercial ...

Court : Chennai

Reported in : [2002]126STC399(Mad)

..... been made to meet the liability which the producer was required to discharge, namely the payment of the additional price under clause 5-a. section 11 of the sale of goods act, 1930 expressly provides that unless a different intention appears from the terms of the contract, stipulations as to time for payment is not deemed to be the essence ..... in fact part payments of the price for the sugarcane, and further that the assessee was liable to pay interest under section 24 of the tamil nadu general sales tax act, for not having paid the purchase tax at the time it was due and payable, the petitioner challenged those orders up to the tamil nadu taxation special tribunal ..... of contract of sale. here, it is the case of the petitioner that it had not agreed to pay any price other than the one provided for in the sugarcane ( .....

The Director Aiims vs.m/s Amtrak Technology Pvt. Ltd. & Anr

Court : Delhi

..... discussion i do not find any merit in the appeal because respondent no.1/plaintiff was entitled to interest for delayed payment in view of the section 61 of the sale of goods act. there is no dispute and doubt that the payment of the invoices were made with delay and the issue before the trial court was only for claim of interest ..... the door of rfa no.1010/2017 page 5 of 8 respondent no.1/plaintiff. trial court has also, in my opinion, rightly relied upon section 61 of the sale of goods act, 1930 which provides that in case of delay of making of payment the seller is entitled to interest for the delay in payment. these aspects are noted by the trial ..... been supplied but the price is not paid, it might be useful to refer to section 61 of the sale of goods act which is reproduced as under:"61. interest by way of damages and special damages.-. (1) nothing in this act shall affect the right of the seller or the buyer to recover interest of special damages in any case where by law .....

The Cashew Corporation of India Ltd. Vs. the State of Karnataka

Court : Karnataka

Reported in : ILR1987KAR1803; [1986]63STC90(Kar)

..... wood products' case [1968] 21 stc 437 that the appropriation need not be an unconditional appropriation is opposed to the language of section 23 of the sale of goods act. it is clear from the decision of the supreme court in carona sahu co.'s case : [1966]2scr845 and the decision of the madras high ..... ................'explanation (3) to section 2(t) of the kst act read with section 23 of the sale of goods act provides that sale or purchase of unascertained or future goods shall be deemed to have taken place at the time when such goods are unconditionally appropriated to the contract of sale or purchase either by the seller or purchaser with the assent ..... other party is prior or subsequent to such appropriation.' section 23 of the sale of goods act in so far as is relevant for our purpose reads : '23. (1) where there is a contract for the sale of unascertained or future goods by description and goods of that description and in deliverable state are unconditionally appropriated to the contract .....

Jute Corporation of India Ltd. Vs. Nellimaria Jute Mills Co. Ltd. and ...

Court : Kolkata

Reported in : (1993)1CALLT79(HC)

..... nellimarla on 2/5/88 by which time the letter of credit was already opened. in this connection, reference may also be made to section 11 of the sale of goods act, 1930 which provides as under-'stipulations as to time-unless a different intention appears from the terms of the contract, stipulations' as to time of payment are ..... purpose by the central govt. from time to time in india or anywhere else in the world.(c) to support, protect, maintain, increase and promote export of jute goods by such methods as may be necessary or expedient including market studies, sending out trade missions, opening foreign offices, conducting propaganda and publicity in foreign countries.5. on ..... not deemed to be of the essence of a contract of sale. whether any other stipulation as to time is of the essence of the contract or not depends .....

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 .....