Court : Chennai
Reported in : (1999)1MLJ487
..... when the pucca delivery orders were issued, the requirement is not satisfied. here the contracts were for the sale of unascertained goods by description. section 23 of the sale of goods act provides that in such cases, if goods of that description and in a deliverable state are unconditionally appropriated to the contract by the seller with the ..... seller or buyer should do, he would rely on section 2(4) of the sale of goods act and would state that the goods are in a 'deliverable state'. he would further rely on section 22 of the sale of goods act, which deals with 'specific goods in a deliverable state, when the seller has to do anything thereto in order ..... ascertained. the contract therefore represented by the pucca delivery orders is a contract for the sale of unascertained goods and no property in the goods is transferred to the buyer in view of section 18 of the indian sale of goods act till the goods are ascertained by appropriation, which in this case takes place at the time only of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(5)ALD188; 1998(5)ALT331
..... , they have asked for extension of time on many occasions. what is a reasonable time, as indicated under sub-section (2) of section 54 of the sale of goods act, has to be decided on the facts and circumstances of each case. having regard to the facts of this case, it cannot be said that the plaintiff has ..... hold auction till july, 1986 which is unduly long and unreasonable. learned counsel placed reliance on subsection (2) of section 54 of the sale of goods act, 1930 which is as follows:'where the goods are of a perishable nature, or where the unpaid seller who has exercised his right of lien or stoppage in transit gives notice to ..... not specificperformance. it is welt settled that granting of specific performance is within the discretion of the court. section 58 of sale of goods act is supplementary to the provisions of chapter ii of specific relief act as regards specific performance of contract relating to movable property which is an exception to the general rule of grant of damages, .....
Tag this Judgment!Court : Karnataka
Reported in : [1998]111STC403(Kar)
..... sufficient provisions to exclude such transactions in the case of leasing contracts where the rights to use is given it must be of goods and the goods as defined under section 2(7) of the sale of goods act which refers to only moveable property. in the case of gannon dunkerley & co. v. state of rajasthan : (1993)1scc364 ..... be an agreement relating to one kind of property and a sale as regards another. there must be an agreement between the parties for the sale of the very goods in which eventually property passes.' 8b. section 2(7) of the sale of goods act, defines 'goods' as under : ' 'goods' means every kind of movable property other than actionable claims and ..... place in the state wherever the contract of sale or purchase might have been made, if the goods are within the state,--........(d) notwithstanding anything contained in the sale of goods act, 1930 (central act 3 of 1930), for the purpose of this act, the transfer of the right to use any goods for any purpose (whether or not for a .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR3435
..... sufficient provisions to exclude such transactions in the case of leasing contracts where the rights to use is given it must be of goods and the goods as defined under section 2(7) of the sale of goods act which refers to only moveable property. in the case of gannon dunkerley & co. v. state of rajasthan & ors, 1993 ..... , be an agreement relating to one kind of property and a sale as regards another. there must be an agreement between the parties for the sale of the very goods in which eventually property passes.' section 2(7) of the sale of goods act, defines 'goods' as under:'goods' means every kind of movable property other than actionable claims and money ..... place in the state wherever the contract of sale or purchase might have been made, if the goods are within the state.-- *** *** ***(d) notwithstanding anything contained in the sale of goods act, 1930 (central act 3 of 1930) for the purpose of this act, the transfer of the right to use any goods for any purpose (whether or not for a .....
Tag this Judgment!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 : Delhi
Reported in : 65(1997)DLT997
..... well within this right in praying for the vacation of injunction. (8) learned senior counsel referred to a few authorities on the premise that the provision of sale of goods act, 1930 would apply to the facts of this case. having regard to the specific terms of the agreement, i am not able to accept the argument advanced ..... to section 55 and other provisions of the sale of goods act, 1930 and show that the remedy of the plaintiff is only to sue for damages or for the balance and the plaintiff cannot claim relief of injunction ..... on the date of the agreement and, thereforee, the plaintiff is not entitled to any injunction. (ii)section 20 of the sale of goods act, 1930 provides that if there is an unconditional contract of sale some legal consequences follows and in that context the plaintiff would not be entitled to any injunction. (iii)learned senior counsel referred .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1997Raj42; 1996(1)WLN511
..... to have taken place within the muni-ciapl limits if these were brought by the seller within the municipal limits and a contract of sale as contemplated by section 5 of the sale of goods act, 1930 has taken place between the buyer and seller within the municipal limits whether or not the delivery or payment was deferred at ..... defendants indubitably possess the right and the power to assess and recover octroi duty and double duty on goods which are brought within the municipal limits for sale, consumption or use therein. the circumstance that the defendants might have acted in excess of or irregularly in the exercise of that power cannot support the conclusion that the assessment ..... the time of entering into the contract. deferment of such delivery or payment or both shall be deemed to be an act of postponement of the delivery .....
Tag this Judgment!Court : Mumbai
Reported in : 1997(89)ELT463(Bom)
..... of the schedule to the said tariff act as amounting to manufacture. significantly, the said act is silent as to the definition of the word 'goods' although the said word forms part of 'excisable goods' which are defined in section 2(d) as mentioned above. although the 'goods' are not defined here, the definition of 'goods' in the sale of goods act, 1930 is ordinarily followed which definition says ..... that 'goods' means every kind of movable property other .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All1
..... counsel for the petitioner, is that under subsection (4) of section 4 of the sale of goods act 1930 (referred to hereinafter as 'the act') an agreement to sell becomes a sale when the time elapses or the conditions are fulfilled subject to which the property in the goods is to be transferred. he drew our attention to condition no. 33 of the ..... absolute and not conditional.11. under the sub-section (3) of section 4 of the act when property in the goods is transferred from the seller to the buyer, the contract is called a sale, but where the transfer of the property in the goods is to take place at a future time or upon fulfilment of some conditions or subject ..... of the supreme court, it clearly appears that section 20 of the act would apply even if the payment of price was postponed. section 20 states that where there is an unconditional contract for the sale of specific goods in a deliverable state, the property in the goods passes to the buyer when the contract is made and it is immaterial .....
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