Court : Punjab and Haryana
Reported in : [1990]69CompCas552(P& H)
..... respondents. the petitioners are entitled to recover this amount from the respondents.issue no. 4. -- section 61(2) of the sale of goods act, 1930, reads as under :'(2) in the absence of a contract to the contrary, the court may award interest at ..... a statutory liability arising under sub-section (2) of section 61 of the sale of goods act. the respondent-company is liable to pay interest on the unpaid price of the goods supplied to it. in the. circumstances of this case, i hold that ..... not in conformity with the samples. it was brought to the notice of the petitioner about the poor quality of their goods. the petitioner-company advised the respondents that the unsold material be despatched to delhi by q. t. s. or road ..... such rate as it thinks fit on the amount of the price -- (a) to the seller in a suit by him for the amount of the price--from the date of the tender of the goods .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1990]69CompCas59(P& H)
..... amount of rs. 25,743.84 is due from the respondent.19. issue no. 2 : section 61(2)(a) of the sale of goods act, 1930, reads as under :--'61(2). in the absence of a contract to the contrary, the court may award interest at ..... in the name of the respondents. some bills are short credited although there is no complaint about any shortage or the goods having been sent back to the respondents. the petitioners have deliberately not attached annexures i and ii with the copies of ..... petitioner but claimed that the payment of the bills was made by the petitioner within thirty days of the delivery of goods. it was further pleaded that the amount reflected in the various bills mentioned in annexure r-1 to the written statement ..... such rate as it thinks fit on the amount of the price --(a) to the seller in a suit by him for the amount of the price--from the date of the tender of the goods .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR2138
..... tulsa singh and ors. v. the board of revenue, u.p : air1971all430 . in that decision the question as to whether the document related to sale of future goods (within the meaning of sale of goods act) was left open to be considered.however, a reference was made to a decision of the supreme court in smt. shanta bai v. state of bombay ..... a licence. in this connection, learned counsel sri gundu rao, also placed reliance on the definition of the expression 'goods' as found in sub-clause (7) of section 2 of the sale of goods act, 1930. according to the definition 'goods means every kind of moveable property other than actionable claims and money; and includes stock and shares, growing crops, grass ..... municipal farm during the continuation of the contract dated 1-2-1971?7. whether exhibit p-2 represented or evidenced a transaction of sale of goods or a licence under section 52 of the easements act?8. having regard to the relief sought for in o.s.no. 83 of 1972 whether it is open to the plaintiff to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1989]73STC26(AP)
..... 1975 to 30th september, 1995, as per the contract dated 20th july, 1977 there is no 'contract of sale' or 'sale of bamboo' falling within the definition of 'sale' in the indian sale of goods act, 1930 or the andhra pradesh general sales tax act, 1957 and that what is granted to the petitioner is only a 'profit a prendre' or a right in ..... stc) and their lordships stated that if title had not passed to the buyer, the risk cannot be passed 'unless otherwise agreed' (section 26 of indian sale of goods act) and that this clause is a case where parties have otherwise so agreed for passing of risk before the passing of title. in the present case, this ..... there is a 'long-term selling arrangement' in regard to bamboos, there must be a 'sale' of bamboos. whatever nomenclature is applied unless there is a 'sale' of goods as contemplated by the indian sale of goods act, 1930, there cannot be a sale liable to sales tax, as held by the supreme court. we have shown, after referring to the various clauses .....
Tag this Judgment!Court : Gujarat
Reported in : (1988)2GLR925
..... notice of any lien or other right of the original seller.these exceptions are based upon sections 27, 28, 29 & 30 of the sale of goods act.9. therefore, the general principle is that where goods are sold by a person who is not the owner, and who does not sell under the authority or with the consent of the owner ..... act and of any other law for the time being in force, where goods are sold by a person who is not the owner there of and ..... in law. this principle of law is embodied in section 27 of the sale of goods act, 1930 but is subject to certain exceptions such as dealing with the currency notes or negotiable instruments and certain other exceptions provided under the sale of goods act.5. section 27 of the sale of goods act, 1930 provides as under:27. subject to the provisions of this .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC1520; JT1987(4)SC8; 1987(2)SCALE675; (1988)1SCC418; [1988]1SCR253
..... so whether possession of immovable property was taken away by private treaty or by compulsory acquisition. another instance where interest could be awarded was under section 61(2) of the sale of goods act which provided for the award of interest to the seller or the buyer, as the case may be, under the circumstances specified in that section. 21. section 80 of ..... had the power to do so. it was held that, in the case before them, interest prior to the suit could be awarded under section 61(2) of the sale of goods act, 1930 which expressly provides for the award of interest to the seller in any suit by him for the amount of the price-from the date of the tender of ..... interest even in a case where no rate of interest is specified in the promissory note or bill of exchange. we may also refer section 61(2) of the sale of goods act which provided for the award of interest to the seller or the buyer as the case may be under certain circumstances in suits filed by them. we may further cite .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1987)(13)ECC118
..... terms of the escalation clauses; (v) the escalation in the contract on various accounts is of the same genre as those specified in section 64(a) of the sale of goods act, 1930, which speaks of addition to or deduction from the contract price when duty is imposed or varied, after the making of the contract, to the extend of ..... the amounts paid by way of escalation are also, indisputably, part of the money consideration in terms of the definition of "price" in section 2(10) of the sale of goods act, 1930. that is why, the escalation clauses are incorporated in article 7 of the contract dealing with price. the price is, therefore, not only to be determined in ..... in terms of a contract between the parties. ships are not ordinarily manufactured or bought and sold in the course of wholesale trade. they are invariably "future goods" in terms of section 6 of the sale of goods act, 1930, constructed in terms of what is usually a works contract and sold; (iii) if, therefore, the normal price of such .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu
Reported in : (1988)LC640Tri(Chennai)
..... is not a document of title. a way bill issued by the public carrier is not specifically included in the definition of documents of title under section 2(1) of sale of goods act, 1930.6. reference may usefully be made in this connection to the ratio of the division bench ruling of the karnataka high court in the case of the canara ..... ownership was produced before the authorities.if the title to the goods is lost to the apellant by reason of a sale under the provisions of the sale of goods act, 1930, the appellants in law do not have any right to claim the goods on the footing of ownership. under the provisions of sale of goods act, 1930, the controlling factor, such as the passing of transfer of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR1803; [1986]63STC90(Kar)
..... wood products' case [1968] 21 stc 437 that the appropriation need not be an unconditional appropriation is opposed to the language of section 23 of the sale of goods act. it is clear from the decision of the supreme court in carona sahu co.'s case : [1966]2scr845 and the decision of the madras high ..... ................'explanation (3) to section 2(t) of the kst act read with section 23 of the sale of goods act provides that sale or purchase of unascertained or future goods shall be deemed to have taken place at the time when such goods are unconditionally appropriated to the contract of sale or purchase either by the seller or purchaser with the assent ..... other party is prior or subsequent to such appropriation.' section 23 of the sale of goods act in so far as is relevant for our purpose reads : '23. (1) where there is a contract for the sale of unascertained or future goods by description and goods of that description and in deliverable state are unconditionally appropriated to the contract .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1986]63STC40(AP)
..... but does not include a mortgage, hypothecation or pledge of, or a charge on goods. ..................13. explanation v. - notwithstanding anything contained in this act or in the sale of goods act, 1930 (central act iii of 1930), the sale of goods includes the supply, by way of or as part of any service or in any ..... manner whatsoever, of goods, being food or any other article for human consumption or any ..... ............. (iii)(d) the aggregate of amounts charged under section 5c or realisable under section 5e : .................' 14. 'section 2(q) 'tax' means a tax on the sale or purchase of goods payable under this act and includes, - (i) ............... (ii) ............... (iii) ............... (iv) ............... (v) ............... (vi) a tax on the supply, by way of or as part .....
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