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 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1990MP64
..... satisfactorily with the legal complexion of the issues involved. indeed, there is no reference at all in the impugned judgment to the relevant provisions of the contract act, the sale of goods act, or even the general law of torts on which the foundation of plaintiffs' claim actually rested. shortly put, the plaintiffs sued the contesting defendant for ..... accepted in his place', see also, liladhar nemchand v. rawji jugjiwan, air 1935 pc 93. 9. according to section 19 of the sale of goods act, 1930, the property in goods contracted for sale 'is transferred to the buyer at such time as the parties to the contract intend it to be transferred,' and it is also contemplated ..... except that the plaintiffs' association were 'buyers' within the meaning of the term defined in section 2(1) of the sale of goods act, 1930, and m/s tata iron & steel company, ltd., were 'sellers' of disputed goods, as defined in sub-section (13) of section 2 thereof. even if there was a contract earlier between the said .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP120
..... of the indian statute law to determine whether a transaction involving sale of goods having potential existence should be regarded as a sale of goods or merely an agreement to sell. 14. section 4 of the sale of goods act, 1930, is as follows:-- '4(1). a contract of sale of goods is a contract whereby the seller transfers or agrees to ..... view that the transactions which the plaintiff made with the several proprietors were merely executory contracts of sale or agreements to sell under sub-section (3) of section 4 of the sale of goods act, 1930. since the property in the goods forming the subject-matter of the several contracts had not passed, the contracts created only a ..... than to warrant an inference that the property passes when it comes into existence without any act of appropriation.' (williston on sales, volume i, section 134, pages 377-8).12. sir m. d. chalmers, in his commentary on the english sale of goods act, 1893, says; 'there was one case in which it was supposed at common law .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1957]8STC845(MP)
..... and the word 'purchase' shall be construed accordingly.explanation (ii) to this section which is relevant in this connection is reproduced below : --notwithstanding anything to the contrary in the indian sale of goods act, 1930, but subject to the provision contained in the explanation to clause (1) of article 286 of the constitution, the ..... of bidis made in the circumstances described in paragraphs 1 and 2 above constitute sales taxable under the sales tax act ?5. the term 'sale' has been defined in section 2 (g) of the act as below :-'sale' with all its grammatical variations and cognate expressions means any transfer of property in goods for cash or deferred payment or other valuable consideration, including a transfer of property .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1971MPLJ560; [1971]28STC532(MP)
..... of more than 12 inches girth. it had to be ascertained which trees fell within that description. till this was ascertained, they were not 'ascertained goods' within section 19 of the sale of goods act. clause 5 of the contract contemplated that stumps of trees, after cutting, had to be 3 inches high. in other words, the contract was not ..... r. 1970 s.c. 706, if it be shown that there was an agreement that the trees would be severed before sale or under the contract of sale, the trees would be goods for the purposes of the sale of goods act, 1930, and the property in the trees would pass when the trees are felled. clause 2(b) of the lease deed ..... contention of the learned counsel that under the contract the plaintiff had become owner of trees as goods. it is true that trees which are agreed to be severed before sale or under the contract of sale are 'goods' for the purposes of the sale of goods act. but before they cease to be 'proprietary' right or interest in proprietary rights within the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1992MP250; 1992(0)MPLJ423
..... out' is not held to be illegal at common law in englandor by any statutory law in india. see the observations under the head 'knock out' in the sale of goods act by pollock and mulla, fifth edition, at page 399 :-- 'knock-outs'.-- a conbination between intending bidders to refrain from bidding against each other, commonly known as a ..... of a sale by auction - (1) where goods are put up for sale in lots, each lot is prima facie deemed ..... to eliminate competition and to depress the prices. 7. the contract of sale becomes complete when offer is made by one and accepted by the other party. auction sales are covered by the provisions of section 64 of the sale of goods act, 1930, hereinafter referred to as 'the act, and the provisions thereof read as under :-- '64. in the case .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1964MP101
..... the claim of surcharge prior to october 15, 1953, was barred by time. now, the word 'goods' occurring in article 52 of the limitation act is not defined in it; it has been defined in section 2 of the sale of goods act 1930, thus:'every kind of moveable property other than actionable claims and money; and includes stock and shares ..... , growing crops, grass, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale.'we are not concerned here ..... on the basis of the supplementary agreement. there was an infructnous attempt before us when it was urged that article 52 of the limitation act is applicable to 'goods': but electricity is not 'goods'. that argument recoils against the company and only transfers the claim from frving pan to fire, became then section 44 of the municipalities .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1964MP242; [1964]15STC254(MP)
..... list ii of the seventh schedule of the constitution. the legislature cannot, in the purported exercise 61 its power to tax sales, tax transactions which are not sales under the sale of goods act, 1930, by merely enacting that they shall be deemed to be sales. explanation i to section 2(n) is, therefore, dearly ultra vires. 10. on the question of the nature and ..... purchase of motor vehicles that have been entered into between them and some persons do not amount to sale of goods according to the meaning of 'sale' in the sale of goods act, 1930; that those transactions are merely contracts of hire, the hirerhaving an option to return goods and an options to purchase, which he may exercise or not according to his desire; that so ..... the hirer is not a person who has agreed to buy them within the meaning of sections 2(1), (13) and 30(2) of the sale of goods act. this position has been well pointed out in 1895 ac 471. that was a case where the house of lords had to decide whether a person, who had .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1965MP177; 1965MPLJ829
..... them, it was stipulated in the agreement that the defendant will on payment of the balance of rs. 9801/-within 8 days by the plaintiffs execute a separate registered sale dead in favour of each of the plaintiffs. it was also agreed that in case of default the plaintiffs will be entitled to take legal proosedings for execution and ..... 'pucca' tenant could sell his holding as provided for in section 70 of the m. b. land revenue and tenancy act. it was further held that the period of 8 days stipulated in the agreement for execution of the sale deed was not of the essence of the contract. the contract could, therefore, be specifically enforced even after the stipulated ..... purchase the land. in this view of the matter it cannot be said that the former suit was prosecuted in good faith by the plaintiffs. i am, therefore, clearly of the opinion that benefit of section 14 of the limitation act could not be given to the plaintiffs in the present case.5. for the reasons stated above the finding .....
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