Judgment Search Results Home > Cases Phrase: sale of goods act 1930 section 5 contract of sale how made Sorted by: old Court: kolkata Page 4 of about 261 results (0.102 seconds)

(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 .....

Aunath Nath Deb Vs. Bishtu Chunder Roy and ors.

Court : Kolkata

Reported in : (1879)ILR4Cal783

..... , the plaintiff brings the present suit against the defendant no. 1, the ijaradar of that portion of the property, and assuming that the title derived in this way is a good one, there is no doubt as to his right to recover the rent as against the defendant no. 1. the only question then would be a matter of a few ..... plaintiff himself was in some way or other a party to the fraud (if any) which isur chunder attempted to perpetrate, and that he was himself well aware that the sale to kripomoye and dhankristo was a benami one, and that isur chunder still remained the true owner of the darpatni.18. we have carefully examined the evidence to see whether ..... of pickard v. sears (6 ad. & el, 40), that where a man by his words or conduct wilfully induces another to believe in a certain state of facts, and to act upon that belief, so as to alter his own previous position, the former is estopped as against the latter from averring a different state of facts as existing at the .....

Ram Gobind Chowdhry and anr. Vs. Tarachand Biswas and ors.

Court : Kolkata

Reported in : (1879)ILR4Cal778

..... proved altogether void. on its being pointed out that the regulation in such cases expressly protected the purchaser of the tenure which had been sold and of which the sale had been afterwards set aside, the learned counsel suggested that the express provision for protection in his case would seem to exclude the protection going further. but it ..... from stipulations or omissions here as we should draw in england, it seems plain enough that the parties in this case sought to provide for the consequence of any act of bad faith as between the grantor and the grantee. it may be that they overlooked the fact that the law already provided sufficient protection, but at any rate ..... that the decree by which the sale is set aside shall contain a provision for his being indemnified.6. then, in the absence of any precise rule, this court is called upon to apply the principles of equity and good conscience. we find that the transaction between the plaintiff's and the defendants in this case is the direct .....

Harbuns Sahai and ors. Vs. Bhairo Pershad Singh and ors.

Court : Kolkata

Reported in : (1880)ILR5Cal259

..... civil procedure code came into operation. it is objected that no appeal lies, on the ground that the case is governed by act viii of 1859, and that section 257 of that act (the old procedure code) enacts that an order setting aside the sale shall be final.2. it is contended, on the other hand, that the order is appealable under section 588(m ..... made an application which the court could have complied with under section 284. the fact that an eight-pie share had been sold for rs. 5,000 was good evidence that the application was reasonable, and therefore the court was bound to exercise its discretion. 'discretion, when applied to a court of law, means discretion guided by law. ..... we can judge, to sacrifice the property of the debtor, one-half of which might have been saved altogether, whereas it was all sold at an inadequate price. the sale of the entire two-annas share was irregular from want of due notice, and was moreover one which the court in the exercise of a sound discretion ought not to .....

In Re: the Goods of Hewson

Court : Kolkata

Reported in : (1879)ILR4Cal770

..... the rights or duties of administrators-general, i consider that those rights and duties cannot be affected by any addition which is subsequently made to the succession act.10. if a general grant of administration to the administrator general of bengal had the effect of vesting in him any property belonging to the estate of ..... our attention to the several enactments which bear upon the question, as well as to the practice which has prevailed in the other presidencies since the passing of act xiii of 1875.2. after considering his argument, i have arrived at the conclusion, that grants of administration to an administrator-general must still be limited to ..... with our present judgment.white, j.14. the petition presented by the administrator-general of bengal in the goods of lieutenant hewson, deceased, shows that the intestate died possessed of certain assets within the territorial area assigned by act ii of 1874 to the administrator-general of bengal, and also of assets to the extent of about .....

Greender Chunder Ghose Vs. Mackintosh

Court : Kolkata

Reported in : (1879)ILR4Cal897

..... suit is brought to recover moveable or immoveable property conveyed in trust, deposited, or pawned or mortgaged, and afterwards bought from the trustee, depository, pawnee or mortgagee in good faith and for value. such a suit is in effect a suit to follow the trust property in the hands of a purchaser, and when the purchase is made ..... his or their hands such property shall be barred by any length of time.' an explanation is appended to that section, which is as follows: 'a purchaser in good faith and for value from a trustee is not his representative within the meaning of this section.' the plaintiffs contend that, upon the facts assumed, the defendant mackintosh is ..... twelve years from the date of the purchase. but where the purchase is not made in good faith, the twelve years' limitation does not apply. what then in the latter case is the period of limitation prescribed by the act, or does the act prescribe any period of limitation in the latter case? section 10 furnishes the answer which is .....

Fuzludeen Khan Vs. Fakir Mahomed Khan

Court : Kolkata

Reported in : (1880)ILR5Cal336

..... a subsequent registered deed relating to the same property on the other.14. an oral agreement for the sale or letting of land, coupled with possession, is protected by section 48 as against a subsequent registered deed; and there is good reason in this, because an oral agreement is, of course, not capable of registration, whereas the ..... purchaser--jolland v. stainbridge (3 ves., 485). lord eldon, in davis v. earl of strathmore (16 ves., 428) has pointed out the distinction between an act of parliament denying legal effect to certain instruments, and declaring them void to all intents and purposes; and a court of equity collecting from the more extensive words the ..... of the prior incumbrance.the conscience of a purchaser is affected through the conscience of the person through whom he buys; that person is precluded by his previous acts from honestly entering into a contract to sell, and, therefore, anyone who purchases with the knowledge that his vendor is precluded from selling, is subject to .....

Abdool Hakim and ors. Vs. Doorga Proshad Banerjee

Court : Kolkata

Reported in : (1880)ILR5Cal4

..... plaint any indication of the suit being tainted with any of the corrupt motives which the judge attributes to its originators.13. we fail to see in it anything 'against good policy and justice'; anything 'tending to promote unnecessary litigation'; anything 'that is in a legal sense immoral, and to the constitution of which a bad motive is in the same ..... law-suit, have sold 14 annas share of their claim to plaintiff no. 3, sree narain mitter, for the sum of rs. 4,000, and that by virtue of that sale, the said sree narain mitter stands in their place as plaintiff to the extent of fourteen-sixteenths of the sum claimed as damages from the defendant for breach of his ..... taluk was sold by the collector for its arrears, the defendant should be liable to the plaintiffs and their heirs for damages for the loss incurred by them by the sale of their patni taluk. that such being the condition, the defendant in breach thereof allowed the tenure to fall into arrears, and the patni was put up to auction .....

Miller Vs. Brindabun

Court : Kolkata

Reported in : (1879)ILR4Cal946

..... execution of a decree of the calcutta small cause court.3. several objections to the validity of the sale and removal were raised. first, it was said that such things are not goods and chattels within the meaning of section 58 of act ix of 1850. now i think it clear, that the things in question, bedded and fixed as they were ..... they would be held to be trade fixtures under english law. but the only thing we are concerned with, is the meaning of the words, 'goods and chattels,' in the calcutta small cause courts act, and i can see no reason why the english doctrines as to the difference between trade fixtures and other fixtures should be imported into the matter ..... as against his landlord has nothing to do with the question whether they are seizable in execution as goods and chattels. i think, therefore, that on this ground the plaintiff is entitled to succeed.4. the plaintiff further objected to the seizure and sale on the ground that, on the facts of the case, his title as assignee was a .....

Nundo Kishore Lall Vs. Musst. Ramsookhee Kooer

Court : Kolkata

Reported in : (1880)ILR5Cal215

..... judge is erroneous. although the document is not admissible as evidence in respect of any question relating to the property covered by it, still it may be good evidence between the parties for any other purpose. and the fact that there was an alteration in the date of the document amounting to forgery would not make ..... whether the plaintiff's claim is barred by limitation.4. the munsif was of opinion that, under section 20 of the limitation act of 1871, the claim was not barred, because, in the deed of sale executed by the defendant's husband in favour of the plaintiff, which transaction afterwards fell through for want of registration, the defendant' ..... years from the date of suit, the claim was not barred under the provisions of the section aforesaid.3. it appears that, when this alleged deed of sale in which the acknowledgment in question is contained was presented for registration, the defendant's husband admitted the document as having been executed by him before the registrar, .....