Judgment Search Results Home > Cases Phrase: sale of goods act 1930 section 56 damages for non acceptance Page 1 of about 1,346 results (0.284 seconds)

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

Court : Kolkata

Reported in : AIR1963Cal70

..... respondents having elected to treat the cancellation of the balance of 2528 bins by the government as 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. ..... 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. ..... ordinary damages for non-acceptance of the 2528 bins would be their contract price less the cost of the labour and material required for their manufacture ..... but even assuming for a moment that the cost of the labour required for the manufacture of the 2528 bins was nil, the highest damages which could be awarded for their non-acceptance would be ..... the amount representing the value of the steel used up in making the component parts of the unfinished 2528 bins could not be the true measure of damages for their non-acceptance. ..... in the instant case the arbitration agreement is couched in wide terms and provides for reference of all disputes and questions arising in connection with the contract subject to the restrictions, if any, imposed by section 29 of the indian arbitration act 1940, the umpire acting under this arbitration agreement has power to award interest after the date of the award, on the principal sum ..... section 73 of the indian contract act, provides for the measure of compensation for loss or damage caused by breach of the .....

The Salween Timber and Construction Company (India) Vs. Union of India

Court : Delhi

Reported in : 4(1968)DLT93

..... contract.(39) section 56 of the indian sale of goods act, 1930, provides for damages foe non- ..... in view of the previous in section 56 of the indian sale of goods act and section 73 of the indian contract act, the seller was only entitled by way of compensation to the amount by which the contract price exceeds that which can be obtained by the seller at the time of its re-sale in the market, that it the seller tenders for acceptance a large quantity of goods and it was nto accepted, the government would nto be liable to pay damages by way of compensation for the whole of the quantity tendered for inspection, but would be liable ..... only for the quantity which .....

S.K.A.R.S.M. Ramanathan Chettiar Vs. National Textile Corporation Ltd. ...

Court : Kerala

Reported in : AIR1985Ker262

..... section 56, sale of goods act, 1930, says :'where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may sue him for damages for non-acceptance ..... the measure of damages for non acceptance is the estimated loss directly and naturally resulting, in the ordinary course of events, from ..... specifically stated that unless the goods were immediately cleared by him, it would take steps for the sale of the goods, and the defendant would be held liable for all consequential loss and damages. ..... where there is an available market for the goods in question, the proper measure of damages is prima facie to be ascertained by reference to the difference between the contract price and the market or current price at ..... this section reads :'where a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course ..... to the market on the date of the breach, and where there is evidence as to market for the goods in question on any subsequent day, it is the rate prevalent on the subsequent date that would be relevant for the purpose of determining the measure of damages. ..... breach is not available, it is open to the court to take into account the surrounding circumstances and the evidence regarding rate of the market on the subsequent dates with a view to awarding proper damages in terms of section 73, contract act. .....

Sha Thilokchand Poosaji Vs. Crystal and Co., by Its Authorised Agent a ...

Court : Chennai

Reported in : AIR1955Mad481

..... that would amount to an acceptance o( these goods and the claim put forward in the counter claim is in the nature of damages for breach of warranty.as admittedly there has been a breach of the condition on the acceptance of the goods by the buyer they have a right to sue for damages as for breach of warranty under the terms of section 59, sale of goods act and the learned judge was not therefore justified in rejecting the counter claim.9. ..... the counter claim in substance is an action by a seller for damages for non-acceptance. ..... 26-11-0 per dozen, in which event of course the defendants would not be entitled to any damages for a breach by a buyer for non-acceptance. ..... where goods not answering to the description contracted for are delivered to a buyer he has a right to one of two alternative remedies, (a) reject the goods and obtain a refund of the price if paid in advance and sue for damages for non-delivery. ..... just to clarify the position the corresponding situation when the buyer having rightly rejected the goods sues for damages for non-delivery may be considered. ..... where however the buyer rejects the goods there is no question of his suing for any other relief -than damages for non-delivery.15. ..... if, however, the time for performance has already expired and the buyer does not extend the same, he can sue the seller for i damages for non-delivery.the damages would then be calculated on the difference between the contract price and the market price on the date of the breach. .....

Norman J. Hamilton and anr. Vs. Umedbhai S. Patel and ors.

Court : Mumbai

Reported in : (1979)81BOMLR340; [1979]49CompCas1(Bom)

..... court has also taken the view that where goods not answering to the description contracted for are delivered to a buyer, two alternatives are open to him : (a) the buyer may either reject the goods and obtain a refund of the price if he has already paid it and sue for damages for non-delivery, or (b) he may accept the goods and sue for damages for a breach of warranty. ..... sale of goods act is in the nature of damages, it is also not possible for the defendants to adjust their clam for damages against the plaintiffs' claim for ..... is satisfied, having regard to the nature of the volume of transactions in securities in any state or are, that it is necessary so to do, it may, by notification in the official gazette, declare this section to apply to such state or area, and thereupon every contract in such state or area which is entered into after the date of the notification otherwise than between members of a recognized stock exchange in such ..... accompanied the presentation of the bill before parliament states as follows (government of india gazette (extraordinary), 1954, part ii, section ii, page 781) : 'the object of this bill is to provide for the regulation of stock exchanges, and of transactions in securities dealt in on them with a view to preventing undesirable ..... the notification dated 29th november, 1957, which has been issued under this section also states that the central government is satisfied having regard to the nature or the volume of transactions in securities in the area .....

Bengal Corporation Private Ltd. Vs. the State of Madras

Court : Chennai

Reported in : [1965]16STC62(Mad)

..... it is well-known that appropriation for the purpose should be unconditional within the meaning of section 23 of the sale of goods act, 1930. ..... such shipment was also an essential feature of the contract, because, in the event of nonshipment between june, 1957, and december, 1957, the buyer was free to place orders for similar goods elsewhere and claim from the seller damages for non-fulfilment of the contract. ..... , at page 182, has observed that in section 3 of the central sales tax act the parliament has accepted the principle governing inter-state sales as laid down in mohanlal hargovind's case [1955] 6 s.t.c. ..... in section 3 of the central sales tax act (act 74 of 1956), the legislature has accepted the principle governing inter-state sales as laid down in mohanlal hargovind's case [1955] 6 s.t.c. ..... this contention was not accepted and the bench of the bombay high court held that the contract was after the sale of the goods ex-docks after they had been cleared through the customs barrier and that the property in the goods passed from the assessee to the government only after the goods crossed the customs frontier. ..... it is, therefore, clear that the buyer proposed, and the seller accepted that for the, execution of the contract the goods should be manufactured in the united kingdom, and shipped from the united kingdom to the madras port. .....

Mrs. Preeti A. Lotlikar Vs. Auspicio Rodrigues

Court : Mumbai Goa

..... according to learned senior counsel, section 55 of the said act would be applicable and the plaintiff had to ask for damages for non-acceptance. ..... he read section 19 of the sale of goods act, 1930 (henceforth referred to as said act) and argued that the same pertains to the sale of specific or ascertained goods. ..... according to shri usgaonkar, the concept of passing of the property in the goods to the buyer as mentioned in section 20 of the sale of goods act is abstract and not de facto. ..... b) whether the respondent could be said to be unpaid seller within the meaning of section 45 of the sale of goods act 1930 and whether the conclusion drawn by the learned trial judge that the respondent was an unpaid seller and that the property in the computer system had passed on to the appellant, drawn with the aid of section 20 of the sale of goods act is perverse? 12. mr. s. d. ..... as has been held by the first appellate court, in terms of section 20 of the said act, 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 whether the time of payment of the price or the time of delivery of the goods, or both, is postponed. ..... as per section 18 of the said act, where there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained. .....

State Trading Corpn. of India Ltd. Vs. M/S. Marpro Ltd. U.K.

Court : Delhi

Reported in : 1999VIAD(Delhi)449; [2001]104CompCas53(Delhi); 86(2000)DLT361

..... section 60 of the sale of goods act, 1930 provides :'where either party to a contract of sale repudiates the contract before the date of delivery, the other may either treat the contract as subsisting and wait till the date of delivery, or he may treat the contract as rescinded and sue for damages for the breach.'20. ..... obviously the learned arbitrators have ignored the material on record and also the provisions of section 63 of the indian contract act and section 60 of sale of goods act. ..... the respondent had not raised any objection to the conditional letter of credit and obviously had accepted the same and rather by its telex message dated 21.4.1987 informed the petitioner that it was expected to load the goods on 23/24.4.1987 from rao/paranagua on the vessel 'merity' and when that ship was unavailable on 25.4.1987, attempt was made to charter another vessel, namely 'the paranaqua' but failed as that vessel also had left ..... but the petitioner did not treat the contract as broken and waited till 30.4.1987 being the last date of the shipment period and on 30.4.1987 sent a telex to the respondent holding the respondent liable for the non-performance of the contract and reserved its right to claim damages for non-performance on the part of the respondent. ..... obviously, both the parties have treated the contract alive notwithstanding the non-fulfillment of the reciprocal promises by them.18. .....

Commissioner of Customs Central Excise and Service Tax Guntur Vs. M/S ...

Court : Supreme Court of India

..... page 8 of 10 under section 2 of the central excise act, 1944 as also in terms of the provisions under the sale of goods act, 1930) occurred at the said place ..... be situations where the manufacturer /consignor may claim that the sale has taken place at the destination point because in terms of the sale contract /agreement (i) the ownership of goods and the property in the goods remained with the seller of the goods till the delivery of the goods in acceptable condition to the purchaser at his door step; (ii) the seller bore the risk of loss of or damage to the goods during transit to the destination; and (iii) the freight charges ..... three conditions contained in the circular are (i) regarding ownership of the goods till the delivery of the goods at the purchaser s door step; (ii) seller bearing the risk of or loss or damage to the goods during transit to the destination and; (iii) freight charges to be integral part of the price of the goods.6) as mentioned above, in these cases, the assessees are claiming ..... differently, the department contends that the outward transportation provided beyond the place of removal is not eligible for input service for availing cenvat credit.7) having regard to the definition of input service that was prevailing at the relevant time ..... in case of a factory gate sale, sale from a non-duty paid warehouse, or from a duty paid depot (from where the excisable goods are sold, after their clearance from the factory), the determination of the place of removal does .....

Commissioner of Central Excise Service Tax Vs. Ultra Tech Cement Ltd

Court : Supreme Court of India

..... service tax paid on the transportation up to such place 11 of sale would be admissible if it can be established by the claimant of such credit that the sale and the transfer of property in goods (in terms of the definition as under section 2 of the central excise act, 1944 as also in terms of the provisions under the sale of goods act, 1930) occurred at the said place. ..... where the manufacturer /consignor may claim that the sale has taken place at the destination point because in terms of the sale contract /agreement (i) the ownership of goods and the property in the goods remained with the seller of the goods till the delivery of the goods in acceptable condition to the purchaser at his door step; (ii) the seller bore the risk of loss of or damage to the goods during transit to the destination; and (iii) the ..... as to whether it can be treated as input service .5) input service is defined in rule 2(l) of the rules, 2004 which reads as under: 2(l) input service means any service:- (i) (ii) used by a provider of taxable service for providing an output services; or used by the manufacturer, whether directly or indirectly, in or in relation to the manufacture of final products and clearance of final products upto the place of removal and includes services used in relation to setting ..... in case of a factory gate sale, sale from a non-duty paid warehouse, or from a duty paid depot (from where the excisable goods are sold, after their clearance from the factory), the determination of the .....