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Judgment Search Results Home > Cases Phrase: sale of goods act 1930 section 5 contract of sale how made Sorted by: old Page 11 of about 5,141 results (0.264 seconds)

Feb 11 1993 (HC)

Ranjeet Trading Co. Vs. Commercial Tax Officer, Challakere Circle, Chi ...

Court : Karnataka

Reported in : [1994]94STC134(Kar)

..... and when offers are received by the manufacturer for their purchase. contracts of sale were finalised in the instant case at delhi and specific goods were manufactured at faridabad in pursuance of those contracts. those were 'future goods' within the meaning of section 2(6) of the sale of goods act, 1930. after the goods were manufactured to agreed specifications, they were despatched to the head office ..... at delhi for being forwarded to the respective customers at whose instance and pursuant to the contracts with whom the goods were manufactured. the goods could as well have been despatched .....

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Mar 17 1994 (HC)

Dabur India Ltd. and anr. Vs. Municipal Corporation, Jaipur

Court : Rajasthan

Reported in : AIR1995Raj78; 1994(2)WLC244

..... deemed to have taken place within the municipal limits if these were brought by the seller within the municipal limits and a contract of sale as contemplated by section 5 of the sale of goods act, 1930 has takenplace between the buyer and seller within the municipal limits whether or not the delivery or payment was deferred at the ..... to have taken place within the municipal limits if these were brought by the seller within the municipal limits and a contract of sale as contemplated by section 5 of the sale of goods act, 1930 has taken place between the buyer and seller within the municipal limits whether or not the delivery or payment was deferred at ..... similar is the position with regard to 'use' under explanation ii. explanation iii refers to sale. if the sale has taken place within the municipal limits in accordance with the contract of sale as contemplated by section 5 of the sale of goods act, 1930 then it will also be subject to charging section irrespective of the fact that whether .....

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May 20 1994 (SC)

Morgan Stanley Mutual Fund Vs. Kartick Das

Court : Supreme Court of India

Reported in : (1994)96BOMLR933; (1995)1CALLT18(SC); [1994]81CompCas318(SC); JT1994(3)SC654; 1994(2)SCALE1121; (1994)4SCC225; [1994]Supp1SCR136

..... again in madho lal sindhu of bombay v. official assignee of bombay and ors. air (1950) fc 21, it was held thus :a sale according to the sale of goods act (and in india goods include shares of joint stock companies) takes place when the property passes from the seller to the buyer. therefore, at the stage of application ..... shares takes place, 'the shares do not exist'. therefore, they can never be called goods. under the sale of goods act, all actionable claims and money are excluded from the definition of goods since section 2(7) of the sale of goods act, 1930 is as under :'goods' means every kind of movable property other than actionable claims and money; and includes stock ..... attached to or forming part of the land which are agreed to be served before sale or under the contract of sale. it will be useful to refer to clause (6) of section 2 of the sale of goods act, 1930. that reads :further goods' means goods to be manufactured or produced or acquired by the seller after the making of the .....

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Feb 13 1995 (HC)

Commissioner of Sales Tax, Maharashtra State, Bombay Vs. Mazgaon Docks ...

Court : Mumbai

Reported in : 1996(1)BomCR245

..... james laing sons limited v. barclay, curie co. ltd. [1907] ac 35. it was further submitted that english authorities on interpretation of different sections of english sale of goods act, 1893, deserve full consideration. reliance was also placed in support of this contention on the decision of the supreme court in consolidated coffee ltd. v. coffee board ..... reported in : [1980]3scr625 . our attention was also drawn to some of the provisions of the sale of goods act, 1930, particularly sections 21, 22 and 24 thereof, and the decisions of the supreme court in state of gujarat v. kailash engineering co. (pvt.) ltd. [ ..... contract was for the purchase of a 'complete ship,' and the materials in question could not be regarded as appropriated to the contract or sold under the sale of goods act, 1893. the following observations of the earl of halsbury l.c. in the above decision are pertinent for our purpose : '...... in my view in this .....

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Mar 07 1995 (HC)

i. T. C. Classic Finance and Services Vs. Commissioner of Commercial T ...

Court : Andhra Pradesh

Reported in : 1995(1)ALT563

..... a contract was an integral one which could not be split-up. the madras high court held that the transactions were not contracts for sale of goods as defined under the provisions of the sale of goods act, 1930, which was in force on the date on which the constitution of india came into force and, therefore, the company was ..... a state. these limitations are incorporated in section 38 of the apgst act. 14. by virtue of the constitution (forty-sixth amendment) act, legislative power was conferred on state legislatures to levy sales tax on transactions which are strictly not sales falling within the purview of the sale of goods act but covered by sub-clauses (a) to (f) of clause (29a ..... or of any person authorised to hold them on his behalf. sub-section (2) of section 23 of the sale of goods act lays down, inter alia, that if in pursuance of a contract, the seller delivers the goods to a common carrier for the purpose of transmission to the buyer, he is deemed to have unconditionally appropriated .....

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Apr 13 1995 (HC)

M/S. Digamber Pershad Kirti Prasad Vs. State of Uttar Pradesh and Othe ...

Court : Allahabad

Reported in : AIR1996All1

..... counsel for the petitioner, is that under subsection (4) of section 4 of the sale of goods act 1930 (referred to hereinafter as 'the act') an agreement to sell becomes a sale when the time elapses or the conditions are fulfilled subject to which the property in the goods is to be transferred. he drew our attention to condition no. 33 of the ..... absolute and not conditional.11. under the sub-section (3) of section 4 of the act when property in the goods is transferred from the seller to the buyer, the contract is called a sale, but where the transfer of the property in the goods is to take place at a future time or upon fulfilment of some conditions or subject ..... of the supreme court, it clearly appears that section 20 of the act would apply even if the payment of price was postponed. section 20 states that where there is an unconditional contract for the sale of specific goods in a deliverable state, the property in the goods passes to the buyer when the contract is made and it is immaterial .....

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Dec 13 1995 (HC)

Tata Engineering and Locomotive Co. Ltd. Vs. Union of India

Court : Mumbai

Reported in : 1997(89)ELT463(Bom)

..... of the schedule to the said tariff act as amounting to manufacture. significantly, the said act is silent as to the definition of the word 'goods' although the said word forms part of 'excisable goods' which are defined in section 2(d) as mentioned above. although the 'goods' are not defined here, the definition of 'goods' in the sale of goods act, 1930 is ordinarily followed which definition says ..... that 'goods' means every kind of movable property other .....

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Jul 24 1996 (HC)

J.K. Industries Ltd., Kankroli Vs. the Municipal Board, Rajsamand

Court : Rajasthan

Reported in : AIR1997Raj42; 1996(1)WLN511

..... to have taken place within the muni-ciapl limits if these were brought by the seller within the municipal limits and a contract of sale as contemplated by section 5 of the sale of goods act, 1930 has taken place between the buyer and seller within the municipal limits whether or not the delivery or payment was deferred at ..... defendants indubitably possess the right and the power to assess and recover octroi duty and double duty on goods which are brought within the municipal limits for sale, consumption or use therein. the circumstance that the defendants might have acted in excess of or irregularly in the exercise of that power cannot support the conclusion that the assessment ..... the time of entering into the contract. deferment of such delivery or payment or both shall be deemed to be an act of postponement of the delivery .....

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Nov 20 1996 (HC)

Delhi Steel Rolling Mills Vs. New India Metal Traders Madarsa Sadat

Court : Delhi

Reported in : 65(1997)DLT997

..... well within this right in praying for the vacation of injunction. (8) learned senior counsel referred to a few authorities on the premise that the provision of sale of goods act, 1930 would apply to the facts of this case. having regard to the specific terms of the agreement, i am not able to accept the argument advanced ..... to section 55 and other provisions of the sale of goods act, 1930 and show that the remedy of the plaintiff is only to sue for damages or for the balance and the plaintiff cannot claim relief of injunction ..... on the date of the agreement and, thereforee, the plaintiff is not entitled to any injunction. (ii)section 20 of the sale of goods act, 1930 provides that if there is an unconditional contract of sale some legal consequences follows and in that context the plaintiff would not be entitled to any injunction. (iii)learned senior counsel referred .....

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Nov 27 1996 (HC)

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 .....

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