Judgment Search Results Home > Cases Phrase: sale of goods act 1930 section 5 contract of sale how made Sorted by: old Page 16 of about 5,141 results (0.175 seconds)

Sunrise Associates Vs. Govt. of Nct of Delhi and ors.

Court : Supreme Court of India

Reported in : AIR2006SC1908; 2006(5)ALD51(SC); 129(2006)DLT719(SC); [2007(1)JCR110(SC)]; JT2006(5)SC168; 2006(2)KLT700(SC); RLW2006(3)SC2129; 2006(5)SCALE1; (2006)5SCC603; [2006]145STC57

..... considering various authorities as well as the provisions of the sales of goods act, 1930, the court held that the expression 'sale of goods' is what it means in the sale of goods act, 1930. a contract for the sale of goods, according to section 4(1) of the sale of goods act, 1930 'is a contract whereby the seller agrees to ..... this court considered the definition of 'goods' in the constitution, in the sales of goods act 1930, the central sales tax act, 1956 the tamil nadu general sales tax act, 1959, the karnataka sales tax act, 1957, as well as the kerala general sales tax act, 1963 and said that all these definitions provided that goods mean inter alia all kinds of moveable ..... claims are not transferable for value and that that was the difference between 'actionable claims' and those other goods which are covered by the definition of 'goods' in the sale of goods act, 1930 and the sales tax laws, the assumption was fallacious and the conclusion in so far as it was based on this erroneous .....

Himachal Pradesh State Industrial Development Corpn. Ltd. Vs. Pamwi Ti ...

Court : Himachal Pradesh

Reported in : [2008]82SCL137(HP)

..... act are applicable. section 5 of the act, speaks of the manner of contract of sale. as per this provision, a contract is made by an offer to buy ..... or sell goods for a price and the acceptance of such offer. the provision ..... no. 2 had caused breach of the agreement for the sale of shares, inasmuch as it did not buy the entire quantity (numerical) of shares.14. it may not be out of place to point out that shares are 'goods' within the meaning of sub-section (7) of section 2, of the sale of goods act, 1930, and therefore all the provisions of this .....

MartIn Lottery Agencies Ltd. Vs. Union of India (Uoi)

Court : Sikkim

Reported in : 2007[8]STR562

..... :(7) 'goods' means every kind of moveable property other than actionable claims and money; and includes stock and share, growing crops, grass, and things ..... ; or5. the next important provision is section 4(c) of the 1998 act and the same is set out below:4. (c) the state government shall sell the tickets either itself or through distributors or selling agents;6. the third material provision is the definition of goods in the sale of goods act, 1930 and sub-section (7) of section 2 is set out below .....

Smti Namita Paul Vs. Food Corporation of India and ors.

Court : Guwahati

..... to the 46th amendment, 'sales tax' could be imposed only upon transfer ..... as contracts for 'sale' of goods inasmuch as the contracts, which were indivisible, could not have become subject to levy sales tax.6. before the constitution (46th amendment) act, 1982, the word 'sale' which occurred in the expression 'sale of goods', in the seventh schedule to the constitution of india, had carried the same meaning as a 'sale' defined in section 4 of the sale of goods act, 1930. hence, prior .....

Namita Paul and ors. Vs. Food Corporation of India and ors.

Court : Guwahati

..... to the 46th amendment, 'sales tax' could be imposed only upon transfer ..... as contracts for 'sale' of goods inasmuch as the contracts, which were indivisible, could not have become subject to levy sales tax.6. before the constitution (46th amendment) act, 1982, the word 'sale', which occurred in the expression 'sale of goods', in the seventh schedule to the constitution of india, had carried the same meaning as a 'sale' denied in section 4 of the sale of goods act. 1930. hence, prior .....

Numaligarh Refinery Ltd. Vs. Daelim Industrial Company Ltd.

Court : Supreme Court of India

Reported in : 2007(3)ARBLR378(SC); 2007(4)AWC3998(SC); 2007BusLR88(SC); (2008)1CompLJ136(SC); JT2007(11)SC73; 2007(10)SCALE577; (2007)8SCC466; 2007(2)LC1057(SC)

..... dic was that at the relevant time there was no countervailing duty and it came into force subsequent to the contract, therefore as per section 64a of the sale of goods act, 1930, the dic is entitled to get this claim reimbursed. nrl contended that as per clause 14.1 in the statement of claim pertaining to the contract ..... ganguli, learned senior counsel for the appellant in this case submitted that the view taken by the high court is not correct and as per section 64a of the sale of goods act, 1930, if there is no contract to the contrary, then the parties are entitled to include the amount of duties to the contract the equivalent amount paid. ..... p. state electricity board v. r.j. shah and companylearned senior counsel for the appellant also invited our attention to section 64a of the sale of goods act, 1930 and section 69 of the contract act, 1872 and submitted that the contract party is entitled to reimbursement of tax liability. as against this, learned counsel for the respondent submitted .....

Tata MaIn Hospital Vs. the State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2008(2)JCR174(Jhr)]

..... sale price of goods or as a guarantor for such collection or payment,and every local branch or ..... legal sense and should be given the same meaning which it has in the sale of goods act, 1930. it was also held that in order to constitute a sale it is necessary that there should be an agreement between the parties for the purpose of transferring title to goods, which pre-supposes capacity to contract, it must be supported by money consideration, ..... the state of bihar and buys, sells, supplies or distributes, in the state or acts on behalf of such dealer as- (i) a mercantile agent as defined in the sale of goods act, 1930 (3 of 1930);or(ii) an agent for handling of goods or documents of title relating to goods; or(iii) an agent for the collection or the payment of the .....

Yog Systems India Ltd. Vs. Su-kam Power Systems Ltd.

Court : Delhi

Reported in : 2007(2)CTLJ282(Del)

..... learned senior counsel for the appellant, relying upon sections 19, 20, 23 and 39 of the sale of goods act, 1930, on the basis that the contract in question was a fob contract. it was submitted that in a fob contract, title ..... appellant. the transporter had been asked by the appellant not to supply goods to the respondent.16. in view of the above prima facie findings, we are not examining the sections of the sale of goods act, 1930 in detail. we may, however, state that it is ..... appellant. it is also difficult to conceive that the transporter could not have made alternative arrangements for delivery. prima facie, the goods were deliberately not delivered to the respondent and this was at the behest and on instructions of the appellant.14. the ..... in the goods passes on to the buyer (i.e. in the present case to the respondent) once the goods were handed over to .....

State of Karnataka and ors. Vs. Sri Chamundeswari Sugar Ltd.

Court : Supreme Court of India

Reported in : JT2008(6)SC69; 2008(7)SCALE62; (2008)7SCC469; (2008)14VST355(SC); 2008AIRSCW4462

..... with a lawful object and is not void under any provisions of law. the agreements are enforceable by law and are contracts of sale of sugarcane as defined in section 4 of the indian sale of goods act. the purchases of sugarcane under the agreement can be taxed by the state legislature under entry 54 list ii. again at scr ..... claim to have purchased the property. 17. in the sale of goods act and also in the central sales tax act or in any of the sales tax laws made in the several states, the definition includes the sale of goods, and not to the purchase of goods. that must be so because the sale of a commodity must include within its ambit the concept ..... section 4(1) of the indian sale of goods act, 1930, a contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price. by section 3 of this act, the provisions of the indian contract act, 1872 apply to contracts of sale of goods save insofar as they are inconsistent with .....

Krishi Utpadan Mandi Samiti Ghaziabad and anr. Vs. Metal Craft and ors ...

Court : Supreme Court of India

Reported in : AIR2008SC2883; 2008(4)AWC3758(SC); 106(2008)CLT606(SC); 2008(10)SCALE26; (2008)7SCC780; 2008AIRSCW4757

..... ascertained. the contract therefore represented by the pucca delivery orders is a contract for the sale of unascertained goods and no property in the goods is transferred to the buyer in view of section 18 of the indian sale of goods act till the goods are ascertained by appropriation, which in this case takes place at the time only of ..... newspapers ltd. : [1968]2scr293 it was observed as follows:section 18 of the sale of goods act provides that where there is a contract for the sale of unascertained goods no property in the goods is transferred to the buyer unless and until the goods are ascertained. it is a condition precedent to the passing of property under a contract ..... in this connection is placed on section 18 of the indian sale of goods act, no iii of 1930. that section lays down that 'where there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained.' in the present case, as we have already .....