Court : Kerala
Reported in : II(1999)ACC142; 1999ACJ275; AIR1998Ker128
..... bench observed :'payment of price and delivery of the vehicle make the transaction complete and the title will pass to the purchaser under the provisions of the sale of goods act. for transfer of ownership of a motor vehicle mutation of, certificate is not necessary. obligation to register the vehicle for controlling and regulating the movements of ..... a considered judgment another division bench of this court in sumathy v. raghavan, (1996) 2 ker lt 1018, held:'if the sale of the vehicle is complete according to the provisions of the sale of goods act, 1930, notwithstanding the fact that there is no mutation in the registration certificate in favour of the transferee the transferee becomes its ..... the said kychit he got the vehicle released from police station as the owner of the vehicle.11. it is a settled position that the sale of motor vehicle is governed by the sale of goods act and is compiete when the consideration is paid and the vehicle is delivered irrespective of the fact that the .....
Tag this Judgment!Court : Mumbai
Reported in : I(1998)ACC210; 1997ACJ1374; 1998(4)BomCR446; 1997(1)MhLj737
..... mentioned in the agreement i.e. upon repayment of the entire loan together with interest by the present appellants. in the present case therefore, the section 19 of the sale of goods act would be attracted and not section 20.14. in united india insurance co, ltd. v. mathurabai and others, 1986 a.c.j. 1092, the division bench of ..... insurer only could be made liable and no liability could be fastened on the present appellants. mr. murthy relied on the agreement dated 1-4-1980, provisions of the sale of goods act and the division bench judgment of this court in united india insurance co. ltd. v. mathurabai and others, 1986 a.c.j. 1092.6. on the other hand ..... on to the present appellants at the time when the agreement was made on 17-4-1980. section 20 of the sale of goods act provides that where there is unconditional contract for the sale of specific goods, the property in the goods passes to the buyer when the contract is made and it is immaterial whether at that time payment of the price .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1994)96BOMLR933; (1995)1CALLT18(SC); [1994]81CompCas318(SC); JT1994(3)SC654; 1994(2)SCALE1121; (1994)4SCC225; [1994]Supp1SCR136
..... again in madho lal sindhu of bombay v. official assignee of bombay and ors. air (1950) fc 21, it was held thus :a sale according to the sale of goods act (and in india goods include shares of joint stock companies) takes place when the property passes from the seller to the buyer. therefore, at the stage of application ..... shares takes place, 'the shares do not exist'. therefore, they can never be called goods. under the sale of goods act, all actionable claims and money are excluded from the definition of goods since section 2(7) of the sale of goods act, 1930 is as under :'goods' means every kind of movable property other than actionable claims and money; and includes stock ..... attached to or forming part of the land which are agreed to be served before sale or under the contract of sale. it will be useful to refer to clause (6) of section 2 of the sale of goods act, 1930. that reads :further goods' means goods to be manufactured or produced or acquired by the seller after the making of the .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Delhi
Reported in : 46(1992)DLT224; 1992(38)ECC103
..... contract is lacking in such a case and we do not think we should bind the petitioner to the law of contract as understood normally under the contract act and the sale of goods act and deprive it the relief. in this connection principles laid down by the supreme court in central inland water transport corporation ltd. and another v. brozo ..... policy and prices are fixed by the pricing committee headed by cci&e; and goods could be imported on the basis of release orders. the buyer has no choice to negotiate ..... such offer. 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 by installments, or that the delivery or payment or both shall be postponed (sections 4 and 5 of the sale of goods act, 1930). here the stc is a canalising agency under the import .....
Tag this Judgment!Court : Gujarat
Reported in : 1992(37)ECC123; 1994LC644(Gujarat); 1992(58)ELT9(Guj); (1992)1GLR172
..... in a position to say no to the manufacturers and the traders for payment of the excise duty on account of the provisions of section 64a of the indian sale of goods act, 1930 which inter alia provides for recovery by the seller of the amount of the increase in duty from the purchaser where the increase of tax is effected subsequent ..... 1962 sc 1006, section 64a of the indian sale of goods act, 1930 provides for recovery by the seller of the amount of increase in duty from the purchaser where the increase takes effect subsequent to the contract. it also provides for ..... . this amendment has been made in the year 1940. therefore, even if there be any concluded contract for manufacture of goods, the manufacturer is very well protected by the provisions of section 64a of the indian sale of goods act, 1930. 19. as held by the supreme court in the case of m/s. chhotabhai v. union of india, reported in air .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1992MP215
..... under pule 11(a) of order 7, a plaint is liable to be rejected when it does not disclose the cause of action. povisions of sections 4 and 5 of sale of goods act, 1930, for short, the act, are also to be juxtaposed at this stage. a distinction is made in section 4 between 'a contract of ..... sale' and 'an agreement to sell' and the formalities of the contract of sale are contemplated under section 5. reference may also be made in this context to section 9 which contemplates that price in a contract of sale 'may ..... aforecited and the language of sections 4, 5, 9 and 31 of the act, i have no hesitation to endorse that view. in regard to an enforceable contract of sale contemplated under section 5, it is to be stated how an 'offer' was made to buy or sell goods and how that was accepted and what was the stipulation in regard to the .....
Tag this Judgment!Court : Gujarat
Reported in : 1992(57)ELT529(Guj)
..... the case of chhotabhai v. union of india reported in air 1962 supreme court page 1006, the supreme court observed that the provisions of section 64a of the sale of goods act, 1930 provides for the recovery by the seller of the amount of increase in duty from the purchaser where the increase takes effect subsequent to the contract. it also ..... arises in respect of any earlier transactions or considerations.10. here reference may be made to the provisions of section 64a of the sale of goods act (3 of 1930). section 64a has been inserted in the act by way of amendment in the year 1940. therein it is provided that increase or decrease in the duty of customs or excise ..... a warehouse pending their clearance, and he may be permitted to do so. the other relevant provision is that contained in section 68 of the act which provides that the importer of any warehoused goods may clear them for 'home consumption' if, inter alia, the import duty leviable on them has been paid. that is why clause (b) of .....
Tag this Judgment!Court : Gujarat
Reported in : 1991LC16(Gujarat); (1992)1GLR548
..... of m/s. chhotabhai v. union of india reported in air 1962 supreme court page 1006, the supreme court observed that the provisions of section 64a of the sale of goods act, 1930 provides for the recovery be the seller of the amount of increase in duty from the purchaser where the increase takes effect subsequent to the contract. it also ..... arises in respect of any earlier transactions or considerations. 10. here reference may be made to the provisions of section 64a of the sale of goods act (3 of 1930). section 64a has been inserted in the act by way of amendment in the year 1940. therein it is provided that increase or decrease in the duty of customs or excise could ..... a warehouse pending their clearance, and he may be permitted to do so. the other relevant provision is that contained in section 68 of the act which provides that the importer of any warehoused goods may clear them for 'home consumption' if, inter alia, the import duty leviable on them has been paid. that is why clause (b) of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1990]77STC424(P& H)
..... these were made fit for use after fixing the above referred fixtures. reliance in this regard was placed on the provisions of section 21 of the sale of goods act, 1930. there is no dispute regarding the legal position but these provisions are not attracted to the case in hand as herein the controversy is whether the ..... appropriated to the board at sonepat branch of the factory before their despatch and that the movement of these goods took place in pursuance of the contract of sale as envisaged under section 3(a) of the central sales tax act. contents of clause (b) of para 22 of the purchase order annexure a-l pertaining to inspection by the ..... delhi, the movement of the goods was occasioned from faridabad to delhi as a result or incident of the contracts of sale made in delhi. the high court was, therefore, right in holding that the sales were inter-state sales and that the turnover of such sales was assessable to sales tax under the central act by the sales tax authorities of faridabad.12. .....
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