Judgment Search Results Home > Cases Phrase: sale of goods act 1930 section 5 contract of sale how made Sorted by: recent Court: kolkata Page 1 of about 261 results (0.153 seconds)

Jute Corporation of India Ltd. Vs. Nellimaria Jute Mills Co. Ltd. and ...

Court : Kolkata

Reported in : (1993)1CALLT79(HC)

..... nellimarla on 2/5/88 by which time the letter of credit was already opened. in this connection, reference may also be made to section 11 of the sale of goods act, 1930 which provides as under-'stipulations as to time-unless a different intention appears from the terms of the contract, stipulations' as to time of payment are ..... purpose by the central govt. from time to time in india or anywhere else in the world.(c) to support, protect, maintain, increase and promote export of jute goods by such methods as may be necessary or expedient including market studies, sending out trade missions, opening foreign offices, conducting propaganda and publicity in foreign countries.5. on ..... not deemed to be of the essence of a contract of sale. whether any other stipulation as to time is of the essence of the contract or not depends .....

Union of India (Uoi) Vs. Bungo Steel Furniture (Pr.) Ltd.

Court : Kolkata

Reported in : AIR1963Cal70

..... for the wrongful cancellation of the contract'. obviously the respondents were not entitled to the price of the unfinished 2528 bins under section 55 of the indian sale of goods act 1930 and as a matter of fact the umpire did not give them such price. those bins had not been completely manufactured and the property therein could ..... a wrongful repudiation of the contract, were entitled to claim damage for non-acceptance of those 2528 bins under section 56 of the indian sale or goods act, 1930. section 73 of the indian contract act, provides for the measure of compensation for loss or damage caused by breach of the contract. the party damnified is entitled to compensation for ..... wrong doer any benefit received from him under the contract. sir george rankin observed at p. 48.'the fact that a party to a contract is in default affords good reason why he should pay damages, but further exaction is not justified by his default. where a payment has been made under a contract which has -- for .....

(International Taxation), Kolkata Vs. Income Tax Settlement Commission ...

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 .....

Road Builder (M) Sdn Bhd Vs. Tantia Constructions Limited

Court : Kolkata

..... , 2009, 15th february, 2009, 15th march, 2009, 15th april, 2009 and 15th may, 2009. none of which was paid. the word insolvent defined in section 2(8) of the sale of goods act, 1930 reads as follows: a person is said to be insolvent who has ceased to pay his debts in the ordinary cours.of business, or cannot pay his debts as ..... creditor has been awaiting till date. we have considered the rival submissions. the transaction essentially was for sale of movables, therefore, is governed by the provisions of the sale of goods act. section 4 of the sale of goods act provides as follows:- 4 . sale and agreement to sell.-(1) a contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in .....

Commissioners for the Port of Calcutta Vs. General Trading Corporation ...

Court : Kolkata

Reported in : AIR1964Cal290,68CWN410

..... 423, farina v. home, (1846) 16 m and w 119). this is the legal principle underlying section 29 (3) of the english sale of goods act.the corresponding provision in the indian sale of goods act, 1930 is sub-section (3) of section 36. though this was the position with regard to documents like delivery order or warehouseman's warrant or ..... attornment by the bailee is necessary) and the transfer of other documents of title (where such attornment is necessary has not been completely wiped out by the sale of goods act, english or indian.60. what exactly is transferred by the endorsement and delivery of the bill of lading is a more difficult question. a bill of ..... the endorsement between the endorsee and the railway company, the only remedy of the endorsee being against the endorser.(3) section 2(4) of the sale of goods act assimilates railway receipt and other documents of title enumerated therein to bills of lading for the purpose of the right of stoppage in transit under section 103, .....

Associated Electrical Industries (India) (P) Ltd. Vs. Commercial Tax O ...

Court : Kolkata

Reported in : AIR1965Cal236,68CWN776

..... a separately specified remuneration.23. (i) the first thing to be noted is that the agreement expressly describes itself as a contract within the meaning of the sale of goods act and in ann. d the government is described as the 'purchaser' and the price of the materials to be supplied is stated item by item. of course ..... , embodying the terms of the tender and acceptance and it was further stipulated that such contract should operate and also, be interpreted as a contract under the indian sale of goods act, 1930. such a contract has, in fact, been drawn up and it is in ann. f (p. 46) but it has not yet been executed by ..... an appropriation'. 32a. together with this we are to read section 23 of the sale of goods act, 1930 which is as follows-'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 the contract, either .....

Borakar Engineering and Foundry Works Vs. State of Bihar

Court : Kolkata

Reported in : AIR1960Cal513,64CWN744

..... delivered for consumption in the state of bihar the property therein shall be deemed to have passed inside the state notwithstanding that it has under the sale of goods act passed outside the state. on that construction those sales will fall within the definition and will be taxable. adaptation order by the president is not open to attack. in the andhra pradesh case. : [1958 ..... 1 july, 1947. on 26 january, 1950 the definition of sale under the act provided that notwithstanding anything to the contrary in the indian sale of goods act, 1930, the sale of any goods which are actually in bihar at the time when in respect thereof the contract of sale as defined in section 4 of the sale of goods act is made or which are produced or manufactured in bihar .....

Lindsay International Pvt. Ltd. and Ors. Vs. Laxmi Niwas Mittal and Or ...

Court : Kolkata

..... application has been filed. courts have a mandatory duty to refer parties to arbitration, and it has no jurisdiction to continue. in view of section 58 of the sale of goods act, 1930, no order can be passed. mr.rishad medora, the learned counsel representing the respondent no.40 submits that there has never been any exclusivity clause in ..... a clear breach of the implied negative covenant and a breach of implied covenant can be restrained by injunction although it may contain in a contract for the sale of goods. in the event such things happened, it would completely ruin the business of the plaintiffs and an action for damages would afford no protection and certainly no ..... agreements pleaded in the last 20 years.the parties have proceeded on the basis that the plaintiff no.1 shall act exclusively as a sole purchasing representative of the respondent nos.2 to 38 for procurement of goods and services from india and the petitioner no.1 in performance of the terms of the agreement have identified .....

Union of India Vs. Binod Kumar Agarwal

Court : Kolkata

..... arbitrator also found that there had been no lack of readiness and willingness on the part of the respondent to perform its obligation in terms of section 32 of the sales and goods act which would provide for reciprocal obligation and promises. the railway authority was unable to deliver the lots in terms of their promise and, accordingly, there was no corresponding obligation ..... obligation. the respondent has not submitted any evidence to show that the respondent was ever ready and willing to perform their part of obligation. (e) section 32 of the sale of goods act provides for reciprocal and concurrence obligation of the parties in payment and delivery. the claimant has shown that the claimant has always been and still is ready and willing to .....

Kalyan Kumar Chattopadhyay Vs. the State of West Bengal and ors.

Court : Kolkata

Reported in : (2006)2CALLT600(HC),[2006(111)FLR214]

..... buyer. that these duties are indirect taxes, meant to be passed on, is statutorily recognised by section 64-a of the sale of goods act, 1930 [which was introduced by the indian sale of goods (amendment) act, 1940 and substituted later by act 33 of 1963]. as originally introduced, section 64-a read:64-a. in the event of any duty of customs or ..... excise on any goods being imposed, increased, decreased or remitted after the making of any contract for the sale of such goods without stipulation as ..... to the payment of duty where duty was not chargeable at the time of the making of the contract, or for the sale of such goods duty-paid where duty was chargeable at that time -(a) if such an imposition or increase so takes effect that the duty or increased duty, as the .....