Court : Mumbai
..... and deliverable state are done away with in section 4 of cst act, 1956. the rest of section 4(2(b)) of the cst act, 1956 is in pari materia with section 23 of the sale of goods act, 1930. 53.4) section 19(3) of sale of goods act, 1930 is to effect that rules contained in section 20 to section 24 ..... heavily by mr.sridharan. he sums up his arguments on this point as follows: 55.1) section 22 of the sale of goods act, 1930 similarly states that where the seller is bound to weigh or measure the goods, the property in the same does not pass until such measurement or weighment is completed. as stated in atiyah (supra ..... makes certain deviations from the exact terms of section 23 of the sale of goods act, 1930. 53.2) section 23 of the act provides as follows: 23. sale of unascertained goods and appropriation. (1) where there is a contract for the sale of unascertained or future goods by description and goods of that description and in a deliverable state are unconditionally appropriated to .....
Tag this Judgment!Court : Chennai
..... disputed by the plaintiff. 11. as rightly found by the trial court, the alleged transaction projected by the plaintiff would not satisfy the contract of sale contemplated under section 5 of the sale of goods act, 1930. as found earlier, a perusal of ex.a1 does not show that any offer has been made by the plaintiff to sell the groundnuts ..... 15. barring ex.x1, there is no other material on the side of the plaintiff to hold that there is a concluded contract of sale between the plaintiff and the defendant as contemplated in the sale of goods act, 1930 with reference to the groundnuts. 16. in this connection, the defendant counsel placed reliance upon the decision reported in 2002 -1- l ..... upon a letter between the parties with reference to supply of yarn, the high court was pleased to hold that it is not a contract to sell and buy goods and therefore, on the line of such authority, this court should also hold that ex.a1 cannot be termed as a receipt for fastening liability on the defendant. .....
Tag this Judgment!Court : Delhi
..... the learned arbitrator is based on an erroneous understanding of the legal position and is unsustainable in law. importantly, the learned arbitrator also overlooks section 64a of sale of goods act which treated the increases in taxes to be added to the contract price. even on this score, increase in the price in diesel, which was a statutory ..... diesel and oil was only on account of a statutory increase in prices. further, it is pointed out that under section 64a of the sales of goods act, 1930, there was a deemed sale of diesel while performing the transportation contract and increases in taxes were to be added to the contract price. this was analogous to a ..... works contract where services are provided and there is also a sale of goods. the... petitioner was thus entitled to be compensated for increase in price of hsdd oil and diesel under section 64a of the sale of goods act, 1930. (xix) as regards issue no.9 relating to claim of interest by the... petitioner .....
Tag this Judgment!Court : Delhi
..... co. ltd. (2008) 1 scc503 iii. reference was made to section 2(6) of the sale of goods act, 1930 ( soga ), which defined future goods to mean goods to be manufactured or produced or acquired by the seller after making the contract of sale. this had to be read with section 6(3) of the soga, which states that where by ..... a contract of sale the seller purports to effect a present sale of future goods, the contract operates as an agreement to sell the goods ..... fcl s letter dated 7th april, 1992 in seeking short closure was an equally unusual act.38. while the court is unable to accept the plea of mr. chitale appearing on behalf of the fcl that the goods in question were future goods , there is merit in his contention based on section 35 of the soga that fcl .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Delhi
..... which trees fell within that description. till this was ascertained, they were not ascertained goods , within section 19 of the sale of goods act. 19. similarly, in the context of section 58 of the sale of goods act, 1930, p. ramanathan aiyar defines ascertained goods as goods, the identity of which have by some means or another been determined . reference, to ..... 3 scc23 though rendered in the context of section 19 of the sale of goods act, 1930, are also instructive: 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 ..... the statutory, and precedential law, under the sale of goods act, 1930, is not being made so as to draw some kind of analogy between the pension rule, and the said act. what is being sought to be emphasised is that, jurisprudentially, the concept of w.p.(c .....
Tag this Judgment!Court : Delhi
..... discussion i do not find any merit in the appeal because respondent no.1/plaintiff was entitled to interest for delayed payment in view of the section 61 of the sale of goods act. there is no dispute and doubt that the payment of the invoices were made with delay and the issue before the trial court was only for claim of interest ..... the door of rfa no.1010/2017 page 5 of 8 respondent no.1/plaintiff. trial court has also, in my opinion, rightly relied upon section 61 of the sale of goods act, 1930 which provides that in case of delay of making of payment the seller is entitled to interest for the delay in payment. these aspects are noted by the trial ..... been supplied but the price is not paid, it might be useful to refer to section 61 of the sale of goods act which is reproduced as under:"61. interest by way of damages and special damages.-. (1) nothing in this act shall affect the right of the seller or the buyer to recover interest of special damages in any case where by law .....
Tag this Judgment!Court : Delhi
..... entitled to any payments under the contract. it is submitted that the arbitrator has wrongly relied upon section 42 of the sale of goods act as the present was not a contract for sale of goods as defined in section 4 of the sale of goods act, 1930. further, relying upon clause 10 of the commercial terms and conditions , it was submitted that the contract ..... from the respondent to the petitioner was sent. in view of the same, whether the reliance of the arbitrator on section 42 of the sales of goods act was correct or incorrect, pales into insignificance. the goods having remained in the custody of the petitioner, would be deemed to have been accepted by it.19. it is also relevant that this ..... builder v. dda (2015) 3 scc49.17. once it is held that the petitioner was in breach of the agreement, the question whether the contract was one of sale of goods or works omp (comm) no.7/2018 page 6 contract, is of no significance. it is not the case of the petitioner that upon supply of the material, .....
Tag this Judgment!Court : Delhi
..... by the assessee. tribunal in the impugned order has referred to the expression sale defined in section 4 of the sales of goods act, 1930 to hold that sale would take place on transfer of title in the goods from the seller to the buyer, and where transfer of property in the goods would take place at a future time or was subject to some condition to ..... be fulfilled, the contract would not be a contract for sale, but an agreement for .....
Tag this Judgment!Court : Delhi
..... by the assessee. tribunal in the impugned order has referred to the expression sale defined in section 4 of the sales of goods act, 1930 to hold that sale would take place on transfer of title in the goods from the seller to the buyer, and where transfer of property in the goods would take place at a future time or was subject to some condition to ..... be fulfilled, the contract would not be a contract for sale, but an agreement for .....
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