Judgment Search Results Home > Cases Phrase: sale of goods act 1930 section 5 contract of sale how made Sorted by: old Court: kolkata Page 1 of about 261 results (0.125 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 .....

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 .....

Borakar Engineering and Foundry Works Vs. State of Bihar

Court : Kolkata

Reported in : AIR1960Cal513,64CWN744

..... delivered for consumption in the state of bihar the property therein shall be deemed to have passed inside the state notwithstanding that it has under the sale of goods act passed outside the state. on that construction those sales will fall within the definition and will be taxable. adaptation order by the president is not open to attack. in the andhra pradesh case. : [1958 ..... 1 july, 1947. on 26 january, 1950 the definition of sale under the act provided that notwithstanding anything to the contrary in the indian sale of goods act, 1930, the sale of any goods which are actually in bihar at the time when in respect thereof the contract of sale as defined in section 4 of the sale of goods act is made or which are produced or manufactured in bihar .....

Associated Electrical Industries (India) (P) Ltd. Vs. Commercial Tax O ...

Court : Kolkata

Reported in : AIR1965Cal236,68CWN776

..... a separately specified remuneration.23. (i) the first thing to be noted is that the agreement expressly describes itself as a contract within the meaning of the sale of goods act and in ann. d the government is described as the 'purchaser' and the price of the materials to be supplied is stated item by item. of course ..... , embodying the terms of the tender and acceptance and it was further stipulated that such contract should operate and also, be interpreted as a contract under the indian sale of goods act, 1930. such a contract has, in fact, been drawn up and it is in ann. f (p. 46) but it has not yet been executed by ..... an appropriation'. 32a. together with this we are to read section 23 of the sale of goods act, 1930 which is as follows-'sale of unascertained goods and appropriation.- (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 .....

Commissioners for the Port of Calcutta Vs. General Trading Corporation ...

Court : Kolkata

Reported in : AIR1964Cal290,68CWN410

..... 423, farina v. home, (1846) 16 m and w 119). this is the legal principle underlying section 29 (3) of the english sale of goods act.the corresponding provision in the indian sale of goods act, 1930 is sub-section (3) of section 36. though this was the position with regard to documents like delivery order or warehouseman's warrant or ..... attornment by the bailee is necessary) and the transfer of other documents of title (where such attornment is necessary has not been completely wiped out by the sale of goods act, english or indian.60. what exactly is transferred by the endorsement and delivery of the bill of lading is a more difficult question. a bill of ..... the endorsement between the endorsee and the railway company, the only remedy of the endorsee being against the endorser.(3) section 2(4) of the sale of goods act assimilates railway receipt and other documents of title enumerated therein to bills of lading for the purpose of the right of stoppage in transit under section 103, .....

Road Builder (M) Sdn Bhd Vs. Tantia Constructions Limited

Court : Kolkata

..... , 2009, 15th february, 2009, 15th march, 2009, 15th april, 2009 and 15th may, 2009. none of which was paid. the word insolvent defined in section 2(8) of the sale of goods act, 1930 reads as follows: a person is said to be insolvent who has ceased to pay his debts in the ordinary cours.of business, or cannot pay his debts as ..... creditor has been awaiting till date. we have considered the rival submissions. the transaction essentially was for sale of movables, therefore, is governed by the provisions of the sale of goods act. section 4 of the sale of goods act provides as follows:- 4 . sale and agreement to sell.-(1) a contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in .....

(International Taxation), Kolkata Vs. Income Tax Settlement Commission ...

Court : Kolkata

..... heard during the settlement proceedings. the impugned order is detailed. it records the rival contentions of the parties. it takes into consideration the provisions of the sale of goods act, 1930 as raised by the department as also by the private respondents. it considers the contracts in question. it takes into account to the authorities cited ..... for the reasons given. he draws the attention of the court to the various findings returned by the settlement commission and that, the provisions of the sale of goods act, 1930 were also taken into account. so far as the payment of the 15% of the price after completion of test and issue of acceptance certificate ..... are to be garnered from the terms and conditions of the contract. the sale of goods act, 1930 contemplates a situation where title to the goods passes, while the payment in respect of such goods may be deferred. he relies upon the equipment sale agreement as well as the supervisory services agreement and the various terms and conditions .....

The Tea Financing Syndicate Ltd. Vs. Chandra Kamal Bez Barua

Court : Kolkata

Reported in : AIR1931Cal359

..... the other. but the cases already referred to show that the cross claims may be rent and wages, rent and liquor supplied, money let and proceeds of sale of goods. the conditions of the applicability of article 85 are not i think obscure. there must be cross claims arising out of a course of dealing which evidences or ..... it is a transaction of mortgage to be worked out by the plaintiffs being ensured that all the tea would be sent to them, that they would act as consignees for sale and would from time to time credit the price thereof to the defendant in their books. in these circumstances i have some difficulty in seeing that it ..... as regards merchants' accounts in the statute of james.' he adds:the provision had been found so mischievous in england that it was abolished by section 9, mercantile amendment act. a singht consideration of the circumstances of this country would have effectually prevented its introduction here even without the lessons of that , experience.19. now, the exception in .....

Nanu Ram Pokharmal Agarwala Vs. Hedayet Ali Ahammad and anr.

Court : Kolkata

Reported in : AIR1935Cal769,159Ind.Cas.662

..... by a person who had obtained them under a hire purchase system. the latter has in my judgment possession. a gratuitous bailee has also possession. if such person deliver goods to their creditors by way of security, left to myself i cannot see why there would not be a valid pledge, provided the other elements of section 178 are ..... question. there the question was whether section 178 which includes within it an agent, also applied to the case of an owner intending to pledge his goods, not by actual delivery of the goods but by endorsing and delivering railway receipts. a short summing up of the effect of decisions of the high courts of india on the point before ..... of couch, c.j. and phear, j., in greenwood v. holquette (1874) 12 beng lr 42. that case was no doubt a case of sale, and depended upon the construction of section 108, contract act, but the principles laid down there have been applied to cases of pledge: roopchand jankidas v. national bank of india, 1919 cal 540, leon sanbolle v .....

Dukhineswar Sarkar and Brothers Ltd. Vs. Commercial Tax Officer and or ...

Court : Kolkata

Reported in : AIR1957Cal283,[1957]8STC478(Cal)

..... operation, the words had a definitive meaning in law and were governed by the indian sale of goods act which is based on the english sales of goods act. in other words, it was clearly understood what in law amounted to a sale of goods, and the intention in conferring power on the state legislature or the provincial legislature ..... and article 366(12) )', but not 'sale of goods'. 3. in india, sale of goods and the incidences thereof axe governed by the sale of goods act,being act ix of 1930 passed by the indian legislature. it is based on the english sale of goods act. 4. both under the government of india act, 1935 and under the constitution, the province and ..... constitution, a well established definition of the transaction known as sale of goods, in the indian sale of goods act, which in its turn is based on the english sale of goods act, it would be proper to interpret the expression 'sale of goods' in entry 48 of the government of india act, 1935, as also in entry 54 of the constitution of .....