Judgment Search Results Home > Cases Phrase: sale of goods act 1930 section 5 contract of sale how made Sorted by: recent Page 1 of about 4,973 results (0.170 seconds)

State of U.P. and Others. Vs. Combined Chemicals Company Private Limit ...

Court : Supreme Court of India

..... that the contract had not been executed. this view is consistent with the plain language of section 5 of the sale of goods act, 1930, sub-section (1) whereof lays down that a contract of sale is made by an offer to buy or sell goods for a price and the acceptance of such offer. that sub-section further lays down that the contract may ..... provide for the immediate delivery of the goods or immediate payment of the price or both, or for the delivery or payment ..... time being in force, a contract of sale may be made in writing or by word of mouth, or partly in writing and partly by word of mouth or may be implied from the conduct of the parties.16. in this case, the bid given by the respondent amounted to an offer to sell goods i.e., zinc sulphate of agriculture grade .....

Mettur Beardsell Limited, a Public Limited Company by Its Secretary, 4 ...

Court : Chennai

Reported in : AIR2001Mad466; (2001)2MLJ432

..... 82 for supply of certain quantity of yarn as claimed by the plaintiff. as per sub-section (1) of section 5 of sale of goods act, 1930, a contract of sale is made by an offer to buy or sell goods for the price and the acceptance of such offer. ex. a-32 cannot be termed as an offer, in the absence of ..... though it had no knowledge of what had happened. the plaintiff having had full knowledge of the transfer of business as and from 1.1.1983, having supplied goods to 3rd defendant and received payment from 3rd defendant, the first defendant is not liable to answer the suit claim as the plaintiff had recognised the transfer and agreed ..... as the same is completed, they will discharge their outstandings. the plaintiff has no knowledge of the change in the management of the first defendant. the plaintiff supplied the goods only to the first defendant. on 19.7.83 the plaintiff sent a registered notice to the mettur textiles private limited, rukmani sewing threads, silaiman, madurai and mettur .....

Motilal Channoolal Vaish Vs. Golden Tobacco Co.

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 .....

M/S Speedcrafts Limited vs.the Union of India & Ors

Court : Delhi

..... of 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 64-a of the sale of goods act, 1930, 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, clear instructions were ..... by the dic and they cannot escape from this situation. in this connection, learned counsel has invited our attention to section 64-a of the sale of goods act, 1930 which reads as under: 64-a. in contracts of sale, amount of increased or decreased taxes to be added or deducted.- (1) unless a different intention appears from the terms of the contract, in .....

The Director Aiims vs.m/s Amtrak Technology Pvt. Ltd. & Anr

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 .....

Finolex Cables Limited vs.mahanagar Telephone Nigam Ltd. (Mtnl)

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 .....

C. Panneerselvam Vs. Manoharan

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. .....

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 .....

Reliance Industries Limited and Others Vs. State of U.P. and Others

Court : Allahabad

..... . open access system (xv) construction of agreement (xvi) whether gspa/gta are colourable device to escape tax liability? (xvii) whether movement is necessary to constitute inter-state sale (xviii) situs of the sale (xix) sales of goods act (xx) assessing authority (xxi) main judgments relied upon by the state of u.p. (xxii) american law (xxiii) finding we have heard shri abhishek manu singhvi, shri ..... of rajasthan, a division bench of rajasthan high court ruled that the gas, water and electricity are not the goods covered by the sales of goods act which applies only to goods as defined in section 2 (7) of the sales of goods act. the court held that the goods must be movable property. rajasthan high court relied upon the apex court judgment reported in air 1965 sc 666 .....

Kei Industries Ltd. Vs. D.V.B. (Since Renamed And#8220;delhi Power Sup ...

Court : Delhi

..... court. 24. in view of above legal position, the learned single judge was perhaps not justified in allowing desu to raise a plea predicated upon section 11 of the sale of goods act. that apart, in view of the law declared in trans trusts case (supra), the view taken is even otherwise incorrect. 25. on the subject whether the ..... to opening of a letter of credit by desu in favour of the appellant were not essential terms of the contract, a reasoning predicated upon section 11 of the sale of goods act, 1930, it is significant to note that a perusal of the pleadings of desu before the arbitral tribunal evidences no such stand being taken. 22. there can ..... contained in the contract between the parties were of the essence of the contract, which assumption was incorrect in view of the provisions of section 11 of the sale of goods act, 1930 which provision stipulates that unless a different intention appears from the terms of the contract, stipulations as to time of payment are not deemed to be of .....