Judgment Search Results Home > Cases Phrase: sale of goods act 1930 section 5 contract of sale how made Sorted by: old Page 1 of about 5,141 results (0.276 seconds)

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 .....

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 .....

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 .....

Vedulapalli Satyanarayana Murhty and Brothers and ors. Vs. State of Ma ...

Court : Andhra Pradesh

Reported in : AIR1955AP248

..... not now material. explanation 2 to s. 2 of the act which defined the term 'sale runs as follows:'notwithstanding anything to the contrary in the indian sale of goods act, 1930, the sale or purcahse of any goods shall be deemd, for the purposes of this act, to have taken place in this state, wherever the contract of sale or purchase might have been made (a) if the ..... goods were actually in this state, at the time when the contract or sale or purchase in respect thereof was .....

Gandhi Sons Ltd. Vs. State of Madras, Represented by the Commercial Ta ...

Court : Chennai

Reported in : AIR1955Mad722

..... from the terms of the contract, the conduct of the parties, and the circumstances of of case. then section 18 (corresponding to sections 20 to 24,indian sale of goods act) gives some general rulesrich are to apply 'unless' a different intention appears. of these rules the court of appeal relyrule 5 (i) (corresponding to section 23 indian ..... in himself till the documents are presented to the buyer and the payment is made. that is the case which is provided by section 25(3), sale of goods act.the other is that the property passes immediately and the seller retains possession of the bills only for the purpose of claiming a lien on the ..... ofthe buyer for being consigned under the contract.for this purpose reliance is placed on section 23(1),sale of goods act, which is in these terms :'23(1) 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, either by .....

Kalka Prasad Ram Charan Vs. Harish Chandra

Court : Allahabad

Reported in : AIR1957All25

..... 9. there were 67 thans in all with the respondent and all these thans were agreed to be sold. thus the goods were ascertained and were in a deliverable state. under section 20, sale of goods act the property in the goods passed to the buyer as soon as the contract was made. but the seller was allowed to retain possession of 57 ..... that a valid contract was made as alleged in the plaint. the learned counsel has, however, taken his stand on section 54, sale of goods act (3 of 1930) and has contended that no notice of the intended sale was given tohis client and therefore his client is not bound to pay any damages whatsoever to the respondent. 5. in order to entertain ..... 's case throughout had been that he was exercising his right of lien and the right of re-sale conferred by section 54(2), sale of goods act.in the notice he gave credit to the extent of the price realised by there-sale of the goods. similarly, in the plaint he adjusted that amount in part satisfaction of his claim and sued for .....

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 .....

Sorabji Hormusha Joshi and Co. Vs. V.M. Ismail and anr.

Court : Chennai

Reported in : AIR1960Mad520

..... dominions and most of the american states re-enacted there as the uniform sales act (america).(8) the sale of goods act has been the subject-matter of extensive literature too numerous to be noted here. i have derived assistance in regard to the subject-matter of ..... of the late d. f. mulla who was then the law member of the government of india and the present sale of goods act (act iii of 1930) was enacted. it is practically based upon the english sale of goods act, 1893, which had stood the test of time and had been adopted in most of the colonies and overseas ..... the standard treatises viz., schmithhoff's sale of goods (1951) in regard to english law, williston's law governing sales of goods for american law and for our act iii of 1930, rameshwar dial's. the indian sale of goods act (1953), pollock and mulla's indian sale of goods and partnership act (1950) and g. n. sinha's sale of goods act (india and pakistan), 1957 edn .....

G. Gilda Textile Agency Vs. State of Andhra Pradesh

Court : Supreme Court of India

Reported in : AIR1966SC1402; [1963]2SCR248; [1962]13STC738(SC)

..... : [1959]1scr551 . in that case, this court was called upon to consider the bengal finance (sales tax) act, 1941 (6 of 1941). there also, the agent was sought to be made liable in respect of the sale of goods belonging to a non-resident principal under a section which may be taken to be in pari materia with ..... the appellant was not considered sufficient to constitute it the 'dealer', as defined in the madras general sales tax act, and such sales were omitted from the turnover. no dispute, therefore, arises about this category. the third category related to goods sold by the outside dealers to buyers in the state. the appellant in these transactions, besides booking ..... the case. in the first category, the appellant took delivery of the goods from the railway, stocked them in its own godowns, found buyers and delivered the goods to the buyers. this category of sales was held to be within the madras general sales tax act and the appellant, liable to the tax. the appellant does not question .....

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 .....