Judgment Search Results Home > Cases Phrase: sale of goods act 1930 section 5 contract of sale how made Page 9 of about 4,916 results (0.170 seconds)

Union of India (Uoi) Vs. Bungo Steel Furniture (Pr.) Ltd.

Court : Kolkata

Reported in : AIR1963Cal70

..... for the wrongful cancellation of the contract'. obviously the respondents were not entitled to the price of the unfinished 2528 bins under section 55 of the indian sale of goods act 1930 and as a matter of fact the umpire did not give them such price. those bins had not been completely manufactured and the property therein could ..... a wrongful repudiation of the contract, were entitled to claim damage for non-acceptance of those 2528 bins under section 56 of the indian sale or goods act, 1930. section 73 of the indian contract act, provides for the measure of compensation for loss or damage caused by breach of the contract. the party damnified is entitled to compensation for ..... wrong doer any benefit received from him under the contract. sir george rankin observed at p. 48.'the fact that a party to a contract is in default affords good reason why he should pay damages, but further exaction is not justified by his default. where a payment has been made under a contract which has -- for .....

Mrf Limited Vs. Commissioner of Trade and Taxes

Court : Delhi

..... received by the manufacturer for their purchase. the contracts of sales were finalized and only thereafter specific goods were manufactured in pursuance of such contracts. the goods in question were, thus, future goods within the meaning of section 2(6) of the sale of goods act, 1930. after the goods were manufactured as per the agreed specifications, they were ..... oerlikon (supra) to deduction on account of trade discount for the following reasons: 6. under the central sales tax act, the sale price which enters into the computation of the turnover is the consideration for which the goods are sold by the assessee. in a case where trade discount is allowed on the catalogue price, ..... making of turnover , it is essential to understand the expression sales price which, in turn, is defined in section 2 (m), of delhi sales tax act, 1975, as under: (m) sale price means the amount payable to a dealer as consideration for the sale of any goods, less any sum allowed as cash discount according to the .....

Devi Dass Gopal Krishan Private Ltd. Vs. the State of Punjab and anr.

Court : Punjab and Haryana

Reported in : [1986]63STC113(P& H)

..... and his principal under any 'trade custom' or as based on the terms of section 230 or any other provisions of the indian contract act or those of the sale of goods act, 1930, are totally irrelevant to the determination of the question as to whether the acquisition by a registered dealer of ..... agent to his constituent did not constitute sale so as to attract sales tax on the sale price of the goods so transferred on the turnover of the assessee-agent, on the customary relationship of agent and principal and their inter se duties and liabilities, besides the definition of 'sale' as given in the sale of goods act, which circumstances, in fact, as ..... already observed, in our view, are not relevant to the determination of the question as to whether a given transaction constituted a 'sale' or 'purchase', as the case may be--'sale' so far as it concerns the selling dealer .....

Collector of Commercial Taxes, Cuttack Vs. Bharat Sabai Grass Ltd.

Court : Supreme Court of India

Reported in : AIR1958SC764; [1958]9STC289(SC)

..... to the contrary in the indian sale of goods act 1930, the sale of any goods which are actually in orissa at the time when, in respect thereof, the contract of sale as defined in section 4 of that act is made, shall wherever the said contract of sale is made, be deemed for the purpose of this act to have taken place in orissa.' ..... in the circumstances of the case the assessment is legal being based on the position that mere contract for sale within the state of orissa and the export of goods from orissa is sufficient for taxation under the orissa sales tax act, 1947.'4. it is necessary to explain here, in somewhat greater detail, the reasons why the learned ..... respondents to different mills in bengal and orissa did not involve a transfer of property in goods for cash on deferred payment.8. the case of budh prakash jai prakash (a) (supra) dealt with the definition of 'sale'in the uttar pradesh sales tax act, xv of 1948, which definition included forward contracts and the point for decision was .....

Union of India Vs. B. Prahlad and Co.

Court : Delhi

Reported in : AIR1976Delhi236; 1976RLR278

..... morvi mercantile bank v. union of india, : [1965]3scr254 . the railway receipt is a document of title to goods. (see section 2(4), sale of goods act). an endorsee has sufficient interest in the goods covered by it to maintain an action for their loss. sixty years ago the privy council held this in ramdas vithaldas v. amar chand and co., ..... the carrier. in this case the consignee can sue. (d) where ownership in the goods passes on delivery to the carrier. this would be the normal state of affairs when goods are, consigned under a contract of sale, for the sale of goods act 1930 (see sections 23 and 39) expressly stipulates that in such circumstances delivery to the carrier is ..... (mullinson v. carver, (1843) 1 lt 59. but if the property in the goods passed to the consignee at the time of the delivery of the goods to the railway (as indeed it often can happen under section 23 of the indian sale of goods act), the consignee would be deemed to be the person who had entered into the contract .....

Vishal Builders (P) Ltd. Vs. Delhi Development Authority

Court : Delhi

Reported in : ILR1977Delhi724; 1977RLR347

..... that a sale by auction is complete when the auctioneer announces its completion by the fall of the hammer or in other customary manner, and that until such announcement ..... established principles of auction sale thereforee are these. in the first place it was decided as long ago as 1789 that when an auction sale is held, a bid is only an offer which can be retracted at any time before the fall of the hammer. this rule has now been given statutory force. the sale of goods act, 1930 pro- vides ..... is made any bid may be retracted. section 64).(24) secondly, an advertisement by an auctioneer that a sale of certain articles will take place on .....

Himachal Pradesh State Industrial Development Corpn. Ltd. Vs. Pamwi Ti ...

Court : Himachal Pradesh

Reported in : [2008]82SCL137(HP)

..... act are applicable. section 5 of the act, speaks of the manner of contract of sale. as per this provision, a contract is made by an offer to buy ..... or sell goods for a price and the acceptance of such offer. the provision ..... no. 2 had caused breach of the agreement for the sale of shares, inasmuch as it did not buy the entire quantity (numerical) of shares.14. it may not be out of place to point out that shares are 'goods' within the meaning of sub-section (7) of section 2, of the sale of goods act, 1930, and therefore all the provisions of this .....

Peak Chemical Corporation Inc Vs. National Aluminium Co. Ltd

Court : Delhi

..... 1724 and m/s rickmers verwaltung gimb h. v. indian oil corporation ltd. air 1999 sc.504. reference was also made to section 38 (2) of the sale of goods act, 1930..31. it was pointed out by mr. ciccu mukhopadhyaya, learned senior advocate appearing for nalco that the correspondence between the parties as noticed by the learned ..... being unable to acquire the supplies covered by the contract with nalco. it was held that peak had failed to prove conclusively that the goods which it had sought to purchase for sale to nalco were to be acquired from identified manufacturers who were affected by the events..22. the learned arbitrator then considered whether the order ..... dated 19th march 1994 was defeated by frustration. after referring to section 56 of the contract act, 1872 it was held that despite the abnormal .....

Finolex Cables Limited vs.mahanagar Telephone Nigam Ltd. (Mtnl)

Court : Delhi

..... co. ltd. (2008) 1 scc503 iii. reference was made to section 2(6) of the sale of goods act, 1930 ( soga ), which defined future goods to mean goods to be manufactured or produced or acquired by the seller after making the contract of sale. this had to be read with section 6(3) of the soga, which states that where by ..... a contract of sale the seller purports to effect a present sale of future goods, the contract operates as an agreement to sell the goods ..... fcl s letter dated 7th april, 1992 in seeking short closure was an equally unusual act.38. while the court is unable to accept the plea of mr. chitale appearing on behalf of the fcl that the goods in question were future goods , there is merit in his contention based on section 35 of the soga that fcl .....

Lakshmi Insurance Co. Ltd. Vs. Bibi Padma Wati

Court : Punjab and Haryana

Reported in : AIR1961P& H253

..... the party to repudiate the contract in entirety. it is in this sense that these terms are used in section 12 of the indian sale of goods act, 1930 which corresponds to section 62(1) of the english sale of goods act, 1893. the above distinction between 'warranty' and 'condition' was brought out by lord blackburn in heyworth v. hutehinson, 1867-2 qb ..... is intended to provide, though in certain events such a contingency may never occur e.g. in the case of an accident. it is voluntary, as the parties acting in good faith, incorporate certain provisions and conditions as they choose, provided, of course, they are not prohibited by law. it is executory in the sense that it is ..... interest, and that it was open to the courts in india, to award interest in cases not coming within the purview of the interest act (32 of 1839) and on principles of equity, justice and good conscience. the next decision relied upon by the plaintiff-respondent's counsel was trojan and co. v. nagappa chettiar, air 1953 s. c .....