Judgment Search Results Home > Cases Phrase: unpaid seller Page 1 of about 9,797 results (0.012 seconds)

Cit Vs. Vijay Ship Breaking Corporation and ors.

Court : Gujarat

Reported in : (2003)181CTR(Guj)134

..... failure of the letter of credit, the condition on which the letter of credit was received by the seller is not fulfilled, the seller would be an 'unpaid seller' within the meaning of section 45(1)(b) of the indian sale of goods act (similar ..... property in the ship.15. furthermore, as per the accounting standards, revenue from sale of goods is recognized when the seller transfers the goods to the buyer for consideration. under the international accounting standard 18 relating to revenue recognition, revenue should be ..... it was submitted that if the issuing bank failed, the seller could have no remedy against the buyer. it was argued that unpaid purchase price is not a debt and payment for unpaid purchase price was not a claim for a debt, but ..... interest' is, thus, very wide and would include interest on unpaid purchase price payable in any manner which would include payable by means of irrevocable letteer of credit. the claim of the seller to the price of the goods sold normally arises when the .....

Commissioner of Income-tax Vs. Vijay Ship Breaking Corporation

Court : Gujarat

Reported in : [2003]261ITR113(Guj)

..... the letter of credit or the failure of the letter of credit, the condition on which the letter of credit was received by the seller is not fulfilled, the seller would be an 'unpaid seller' within the meaning of section 45(1)(b) of the indian sale of goods act (similar to section 38(1)(b) of the u.k. sale of goods ..... credit facility which has not been utilized. the meaning of the word 'interest' is, thus, very wide and would include intereston unpaid purchase price payable in any manner which would include payable by means of irrevocable letter of credit. the claim of the seller to the price of the goods sold normally arises when the property is transferred to the buyer. the ..... be honoured by the bank at the end of the usance period of 180 days. it was submitted that if the issuing bank failed, the seller could have no remedy against the buyer. it was argued that unpaid purchase price is not a debt and payment for unpaid purchase price was not a claim for a debt, but it remained a claim for .....

Commissioner of Income Tax Vs. Vijay Ship Breaking Corpn. and ors.

Court : Gujarat

Reported in : 181(2003)CLT134

..... failure of the letter of credit, the condition on which the letter of credit was received by the seller is not fulfilled, the seller would be an 'unpaid seller' within the meaning of section 45(1)(b) of the indian sale of goods act [similar ..... property in the ship.15. furthermore, as per the accounting standards, revenue from sale of goods is recognized when the seller transfers the goods to the buyer for consideration. under the international accounting standard 18 relating to revenue recognition, revenue should be ..... it was submitted that if the issuing bank failed, the seller could have no remedy against the buyer. it was argued that unpaid purchase price is not a debt and payment for unpaid purchase price was not a claim for a debt, but ..... interest' is, thus, very wide and would include interest on unpaid purchase price payable in any manner which would include payable by means of irrevocable letter of credit. the claim of the seller to the price of the goods sold normally arises when the .....

Bapuji Sorabji Framji Vs. the Clan Line Steamers Ltd.

Court : Mumbai

Reported in : (1910)12BOMLR553

..... to the unpaid seller.30. the contention that the plaintiffs are bound to realise and enforce all other securities at their disposal before resorting to the goods of lloyd & co. mentioned in ..... superior to the unpaid seller, had already been satisfied out of the bankrupt's own assets. it was held that once the pledge had been satisfied the goods or their value must be restored ..... he had realized for a sum in excess of the advances made by him, and the point which was decided in the case was whether the goods of the unpaid seller could be brought into the bankrupt buyers' estate for distribution among their creditors when the pledgee of the bills of lading, who was the only person having a right .....

Balaji Paper Agency Vs. Mysore Paper and Board Co.

Court : Karnataka

Reported in : ILR1991KAR2563

..... in the buyer. where, following the contract of sale, the buyer has both possession of, and the property in, the goods, any retaking of the goods by the unpaid seller will (except in cases of fraud or misrepresentation) be a conversion against the buyer.'in the same para, it is further stated thus:'the assumption behind the statutory rules on ..... the unpaid seller's rights of lien or of stoppage in transit is that if the property has passed to the buyer and the goods themselves have reached the actual, possession of ..... on the observations contained in a case in which it was stated that section 47(2) was nothing but a declaration of law which follows as a result of unpaid seller becoming a bailee. in the facts and circumstances of the case, it is not possible to hold that the taking possession of the goods by the plaintiffs sent by .....

Ram Saran Das Raja Ram and anr. Vs. Lala Ram Chander

Court : Delhi

Reported in : AIR1968Delhi233

..... referred to a full bench for decision. the full bench ntoiced that the learned additional district judge, in agreement with the subordinate judge trying the suit, had observed that the unpaid seller had two rights, viz., a right of re-sale under section 54(2) of the act and an independent right under section 55 of the act to sue for ..... parted with possession; and (c) a right of re-sale as limited by the act. in cases where the property in goods has nto passed to the buyer, the unpaid seller has, in addition to toher remedies, right of withholding delivery similar to and co-extensive with his rights of lien and stoppage in transit where the property has passed to ..... treat the contract as rescinded and sue for damages for the breach. here, reference may also be made to section 46 of the act which deals with the subject of unpaid seller's rights. according to this section, subject to the provisions of the act and of any law for the time being in force, ntowithstanding that the property in the .....

Pawan Hans Helicopters Ltd. Vs. Aes Aerospace Ltd.

Court : Delhi

Reported in : 2008(2)ARBLR63(Delhi); 2008(103)DRJ174

..... law, no sale has taken place and the parties had only entered into an agreement to sell.18. section 45 of the sale of goods act, 1930 defines an unpaid seller as a seller of goods when, inter alia, the whole of the price has not been paid or tendered. the petitioner has not received the agreed sale price of gbp 9,00 ..... ,000. clearly, the petitioner is an unpaid seller within the meaning of the sale of goods act, 1930.19. as regards the question of possession, whether m/s fly jac forwarders transporters and m/s sagar warehousing corporation ..... several important questions need to be considered. they are:1) did the property in the goods in question pass to the respondent?2) could the petitioner be regarded as an unpaid seller?3) was the petitioner in possession of the goods in question or had he parted with possession ?4) could the goods be regarded to be in transit ?5) did .....

Mewar Textiles Mills Ltd. Vs. Sita Ram Basanti Bai Jain

Court : Rajasthan

Reported in : 1982WLN7

..... such the plaintiff was certainly entitled to file a suit for the recovery of the money paid by him on behalf of the defendant and for the commission charges. the unpaid seller's lien or an agent's lien to stop goods in transit is entirely different from passing of a title in the property. the agent holds the lien but the ..... the nature of the transaction clearly shows that there was no sale by the agent to the principal. an agent, who has himself paid, may or may not exercise the unpaid seller's lien, but there is no bar under any law that he cannot file a suit for the recovery of the amount paid by him on behalf of the principal ..... whom the bill of lading is endorsed or a consignor or agent who has himself paid, or is directly responsible for, the price. section 46 then provides the unpaid seller's right. on the basis of the aforesaid provisions it was strenuously contended by mr. deedwania that the plaintiff, even if, was an agent of the defendant textile mills, yet .....

Mrs. Preeti A. Lotlikar Vs. Auspicio Rodrigues

Court : Mumbai Goa

..... property in the goods has not passed and the goods have not been appropriated to the contract. section 45 of the said act defines unpaid seller as follows : 45. " unpaid seller" defined.- (1) the seller of goods is deemed to be an" unpaid seller" within the meaning of this act- (a) when the whole of the price has not been paid or tendered; (b) ..... specific performance of the contract. 20. in view of the above, the first appellate court cannot be said to have erred in holding that the plaintiff was an unpaid seller in terms of section 45 of the said act and was entitled to recover the price of the said equipments, in terms of section 55 of the said act. ..... of the first appellate court is concerned, learned senior counsel, for the defendant, contended that there is absolutely no pleading in the plaint to say that the plaintiff is unpaid seller. 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 .....

Mewar Textiles Mills Ltd., Bhilwara Vs. Sita Ram Basanti Lal Jain

Court : Rajasthan

Reported in : AIR1982Raj215

..... such the plaintiff was certainly entitled to file a suit for the recovery of the money paid by him on behalf of the defendant and for the commission charges. the unpaid seller's hen or an agent's lien to stop goods in transit is entirely different from passing of a title in the 'property. the agent holds the hen butthe principal ..... the nature of the transaction clearly shows that there was [no sale by the agent to the principal. an agent, who has himself paid, may or may not exercise the unpaid seller's lien, but there is no bar under any law that he cannot file a suit for the recovery of the amount paid by him on behalf of the principal ..... whom the bill of lading is endorsed or consignor or agent who has himself paid, or is directly responsible for, the price. section 46 then provides for the unpaid seller's right. on the basis of the aforesaid provisions it was strenuously contended by mr. deedwania that the plaintiff, even if, it was an agent of the defendant textile mills, .....