Judgment Search Results Home > Cases Phrase: sale of goods act 1930 section 5 contract of sale how made Sorted by: old Court: mumbai Page 1 of about 330 results (0.074 seconds)

Mohamed Abdul Waheed Mohomed Nakim Khan Vs. Shyam Behari Rameshwar Kal ...

Court : Mumbai

Reported in : [1986]59CompCas284(Bom)

..... , in view of the provisions of s. 20 of the sale of good act, 1930. so far as this court is concerned, it is by now well settled that the sale or transfer of a motor vehicle is governed by the sale of goods act, 1930, and s. 31 of the motor vehicles act comes into operation after such transfer of the vehicle. this is ..... deals with the transfer of ownership of the motor vehicle, which like any movable property is governed by the sale of goods act. the provision in section 31, motor vehicles act, is only to the effect that after change of ownership corresponding change in registration certificate should be recorded, that is in place of previous owner, name of ..... 38: 1975 acj 100 governed by the provisions of the sale of goods act, 1930, then obviously section 20 of the said act will apply to such a transaction. it lays down that where there is an unconditional contract for the sale of specific goods in deliverable state, the property in the goods passes to the buyer when an offer is made and it .....

Jaysinghrao Dadu Patil and Another Vs. KutubuddIn Ismail Soudagar and ...

Court : Mumbai

Reported in : I(1998)ACC210; 1997ACJ1374; 1998(4)BomCR446; 1997(1)MhLj737

..... mentioned in the agreement i.e. upon repayment of the entire loan together with interest by the present appellants. in the present case therefore, the section 19 of the sale of goods act would be attracted and not section 20.14. in united india insurance co, ltd. v. mathurabai and others, 1986 a.c.j. 1092, the division bench of ..... insurer only could be made liable and no liability could be fastened on the present appellants. mr. murthy relied on the agreement dated 1-4-1980, provisions of the sale of goods act and the division bench judgment of this court in united india insurance co. ltd. v. mathurabai and others, 1986 a.c.j. 1092.6. on the other hand ..... on to the present appellants at the time when the agreement was made on 17-4-1980. section 20 of the sale of goods act provides that where there is unconditional contract for the sale of specific goods, the property in the goods passes to the buyer when the contract is made and it is immaterial whether at that time payment of the price .....

Mafatlal Holdings Ltd. Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2004)85TTJ(Mum.)821

..... ownership in the shares under consideration. thus, the shares have been transferred to m/s arvi associates as per the provisions of law. the provision of sale of goods act, 1930, relied upon by the learned departmental representative are moreover in favour of the assessee. the genuineness of this transaction, therefore, cannot be challenged.50 ..... by the assessee-company. in this connection, we would like to refer to some of the provisions of sale of goods act. section 2(4) of the sale of goods act, 1930, pertaining to definitions reads as follows : "document of title of goods includes a bill of lading, dock-warrant, warehouse keeper's certificate, wharfingers' certificate, railway receipt, ..... with the transfer process itself. so far as the transfer of shares is concerned, the same is guided solely by the provisions of sale of goods act, 1930, and the companies act merely provides for the mechanism in which such shares already transferred in the eyes of law, will be mutated in the books of the .....

Welspun Gujarat State Rohran Ltd. Vs. Commr. of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... view, in case of associated strips ltd. , has been approved by the apex court in the case of escorts jcb ltd. after considering the provision of these sections of sale of goods act, 1930 in the following manner. 12 the assessee also referred to a decision reported in 2002 (49) rlt 506 associated strips ltd. & am. v. cce, new ..... contracts entered were for supply of such pipes, as works contracts, the question of determining place of execution of such works contract and application of section 23 of sales of goods act, 1930 as is being pleaded by the learned dr would not be called for of excisable ms pipes (uncoated). the value determination of uncoated pipes, is only ..... decision in case of maruti udyog would come to the rescue of the assessee, to call delivery at buyers premises, to be contrary to section 2(12) of sale of goods act, 1939. transit insurance & transport costs cannot therefore be added on the grounds as arrived at by the id. adjudicator. the retention of any such possession, by .....

Mishapar Investments Ltd. Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)8SOT532(Mum.)

..... in the books of the assessee, this amount was shown to be recovered from the partnership firm. according to provisions of section 20 of the sales of goods act, if the goods are identified and parties intend to pass the property to the buyer, the payments can be deferred. but, in the instant case, necessary entries ..... in the shares under consideration. thus, the shares have been transferred to m /s. arvi associates as per the provisions of law. the provision of sale of goods act, 1930 relied upon by the learned departmental representative are moreover, in favour of the assessee.the genuineness of this transaction, thereforc, cannot be challenged.50. ..... the assessee-company. in this connection, we would like to refer to some of the provisions of sale of goods act. section 2(4) of the sale of goods act, 1930 pertaining to definitions reads as follows: '"document of title of goods" includes a bill of lading, dock-warrant, warehouse keeper's certificate, whare fingers 'certificate, railway receipt .....

JSW Steel Ltd. Vs. AI Ghuriar Iron and Steel LLC

Court : Mumbai

..... the buyer in dubai. the option is, therefore, in vain and not contemplated to supercede the right of inspection statutorily provided in section 41 of the sale of goods act. the very contention is rather impertinent. the petitioner has claimed that the right of rejection was not exercised as per the terms of the contract. under clause ..... is held to be breached. indeed that would show that the implied condition in the contract was not complied for the sale by description/specification as mentioned in section 15 of the sale of goods act. consequently upon the evidence of the respective cases of the parties the learned arbitrators came to the conclusion that the delivery ..... with the specification as to id also. 6. the respondent exercised its statutory right of examining the goods under section 41 of the sale of goods act which runs thus: 41. buyer's right of examining the goods.- (1) where goods are delivered to the buyer which he has not previously examined, he is not deemed to have accepted .....

Pranlal Bhaichand Vs. the Maneokji Petit Manufacturing Co. Ltd.

Court : Mumbai

Reported in : AIR1933Bom46; (1932)34BOMLR1252; 140Ind.Cas.610

..... 118 of the indian contract act, which governs this case, is similar. in the present case, however, the defendants did not take delivery of the whole of the ..... in respect of the whole of the goods. authority for this proposition is to be found in the case of e, hardy & co. (london) v. hillerns and fowler [1923] 1 k. b. 658 affirmed in appeal, [1923] 2 k. b. 490 that case turned on the construction of section 35 of the english sale of goods act, but i think the position under section ..... less the respondents took the initiative in offering to deliver the goods on the due date. under section 94 of the indian contract act, in the absence of any special promise as to delivery, goods sold are to be delivered at the place at which they are at the time of the sale; and goods contracted to be sold are to be delivered at the .....

Bhup NaraIn Singh Vs. Gokhul Chanda Mahton

Court : Mumbai

Reported in : (1934)36BOMLR421

..... asserted, but proved in the cause, and this case furnishes no such proof.14. although under section 54 of the transfer of property act, 1882, the appellant's agreement for sale does not of itself create any interest in or charge on the property, their lordships are of opinion that the rule of procedure stated by ..... bankruptcy ordinance of the straits settlements, which, so far as material, provides:any settlement of property, not being...a settlement made in favour of a purchaser. in good faith and for valuable consideration,...shall, if the settlor becomes bankrupt within two years after the date of the settlement, be absolutely void as against the official assignee ..... thereto;(b) any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract.12. in their lordships' opinion, the section lays down a general rule that the original contract may be specifically .....

Percy F. Fisher Vs. Ardeshir Hormasji Gazdar

Court : Mumbai

Reported in : AIR1935Bom213; (1935)37BOMLR165

..... be made available to the pawnee to satisfy the obligation. the pawnee can under section 176 of the indian contract act bring a suit on the debt, retaining the goods as security, and ask for a sale through the court, or he can sell the goods out of court himself. he has his right of action for the debt notwithstanding the possession of the ..... goods, subject to the pawner's right to redeem the goods upon tender of the amount due before the sale. he has also his right of action to have the pledged property sold in order to realize his security. now it is conceded that the right .....

Gulabchand Rawatmal Vs. Sarangpur Cotton Manufacturing Co. Ltd.

Court : Mumbai

Reported in : AIR1959Bom158; (1958)60BOMLR337; ILR1958Bom725

..... of the lahore high court, that there is no real distinction between rescission as contemplated under sub-section (4) of section 54 and section 60 of the sale of goods act. under section 60, which deals with anticipatory breach of the contract, one party may accept the other's repudiation and thereby relieve himself from all obligations under ..... urged on behalf of the defendant before the trial court. but the principal contention urged by him was that section 54, sub-section (4) of the sale of goods act led to a rescission of the entire contact between the plaintiff and the defendant and, therefore, the court was incompetent to file the arbitration agreement under section ..... which mentioned that the ahmedabad mill-owners' association was to be the arbitrator. the defendant's contention based on the provisions of section 54(4) of the sale of goods act was also negatived on the ground that the resale effected by the plaintiff was under the right created in his favour by virtue of clause (17) of .....