Judgment Search Results Home > Cases Phrase: unpaid seller Court: privy council Page 1 of about 117 results (0.001 seconds)

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 .....

The Official Assignee Vs. Madholal Sindhu

Court : Mumbai

Reported in : AIR1947Bom217; (1946)48BOMLR828

..... held by the pledgee without giving the statutory notice to the pledger. for instance, section 54, sub-cl.(3), of the indian sale of goods act, provides that where an unpaid seller who has exercised his right of lien or stoppage in transit re-sells the goods, the buyer acquires a good title thereto as against the original buyer, notwithstanding that no ..... him as a security until the repayment of the loan from c to b larger than the amount of the bill. the bill was dishonoured, and while it still remained unpaid, a brought detinue against c for the-debentures. the court held that the repledge by b to c did not put an end to the contract of pledge between a .....

Kishinchand Chellaram Vs. Vishandas Amarnath

Court : Mumbai

Reported in : AIR1949Bom334; (1949)51BOMLR480

..... price cm the footing of a re-sale as referred to in section 46 and section 54 of the sale of goods act. sections 46 and 54 contemplate that the unpaid seller of goods has not parted with possession thereof to the purchaser and that he has, therefore, a lien on the goods sold, and while he is in possession of them .....

S.V.P.N. Chidambara Nadar Vs. M. Vadivel Nadar

Court : Chennai

Reported in : AIR1936Mad47; 159Ind.Cas.1031

..... 513 do not help the petitioner either, for they are merely authorities for the position that the defaulting buyer cannot compel the unpaid seller to re-sell. in answer to a suit for the unpaid price he cannot say to the seller:you should take your alternative remedy and re-sell the goods and sue me only for the loss on re-sale.3 ..... accordance with a stipulation contained in the contract (p. 308). and what was decided there was, that having acted in accordance with this stipulation, it was still open to the seller to enforce another clause in the contract, namely, to refer the dispute to arbitration. buldeo doss v. howe (1881) 6 cal 64 and the english case robinson v. behar (1927 ..... . lastly, was the lower court right in holding that the seller was bound to exercise his right of resale under section 107, within a .....

Anglo-India Jute Mills Co. Vs. Omademull

Court : Kolkata

Reported in : (1911)ILR38Cal127

..... thereby. it is on this delivery older, m 1/50 that the plaintiffs' present claim is based. the defendant company resist the plaintiffs' claim on the ground that they are unpaid sellers of the goods, and that they have a lien on them so long as they remain in their possession, and the price or any part of it remains ..... which they relate. this is borne out by the contract in this case which specifically provides that 'payments are to be made in cash in exchange for delivery orders on sellers,' and contain the stipulation 'ready payment against pucca delivery order.' and in this connection it is worthy of notice that the delivery order in suit which is a pucca-delivery ..... unpaid.4. so fax i have merely set out the broad outline of the case; the details still have to be filled in.5. the plaintiffs' version is that on the .....

Rahimbux Ashan Karim Vs. Central Bank of India, Ltd.

Court : Kolkata

Reported in : AIR1929Cal497

..... upon section 108, which is very differently worded to section 178 and lastly that in one of the cases was the position of a, seller who remains in possession considered, and certainly not the position of an unpaid seller, as in the present case.25. in bank of england v. vagliano brothers [1891] a.c. 107, lord herschell in the house ..... agreement of 21st july 1927, if such clauses were intended to apply at all to a sale of ready goods, and by reason of their inchoate right of lien as unpaid vendors upon credit and that interest might have passed to the defendants as pledgees.41. gunn v. blookow, vaughan & co. [1875] 10 ch. 491, is an authority for ..... nine hundis were accepted and nine delivery orders were issued. these covered the whole of the goods in suit two of the hundis were paid by the plaintiffs. one was unpaid and remained in the hands of kerr tarruck & co., and six were negotiated by them and were dishonoured by plaintiffs on presentation. full particulars of all these matters are .....

Babasa Bakale Vs. Hombanna Rayappa Hombannavar

Court : Mumbai

Reported in : AIR1932Bom593; (1932)34BOMLR1268; 140Ind.Cas.624

..... east 93 this principle is now expressly recognised by the sale of goods act, 1930. in chap. v. which deals with the rights of unpaid seller against the goods, section 45 sub-section (5), lays down that the term 'seller' includes an agent who has himself paid or is directly responsible for the price.11. when, therefore, the principal refuses to pay for ..... the disposal of the goods and with regard to stopping them in transit as he would have had if the relation between him and his principal had been that of seller and buyer. the decision in jenkyna v. brown (1849) 14 q.b. 416 is an authority in support of this proposition, and i may also refer to the well-known .....

Nippon Yusen Kaisha Vs. Ramjiban Serowgee

Court : Mumbai

Reported in : (1938)40BOMLR799

..... clause 4. the contract must, however, be read as a whole. clause 4 provides for a lien of the sellers as unpaid vendors on the mate's receipts or other documents so long as they remain in the sellers' possession, and on the goods, until payment in full. can this be reconciled with the reservation of the ..... imports that notwithstanding clause 3 the property has passed when the goods were delivered alongside, that is, placed in possession of the shipowners. the result is that the sellers have parted with both property and possession. ' lien ' must therefore be used in a different sense, as meaning either an equitable lien or a hypothecation such ..... representatives).4. the buyers hereby acknowledge that so long as such railway receipts or mates' receipts (whether in sellers' or buyers' name) are in possession of the sellers, the lien of the sellers as unpaid vendors subsists both on such railway receipts or dock's or mates' receipts and the goods they represent until payment in full.3. .....

Nippon Yusen Kaisha Vs. Ramjiban Serowgee

Court : Privy Council

..... cl. 4. the contract must however be read as a whole. cl. 4 provides for a lien of the sellers as unpaid vendors on the mate's receipts or other documents so long as they remain in the sellers' possession, and on the goods, until payment in full. can this be reconciled with the reservation of the jus ..... that notwithstanding cl. 3 the property has passed when the goods were delivered alongside, that is, placed in possession of the shipowners. the result is that the sellers have parted with both property and possession. "lien" must therefore be used in a different sense as meaning either an equitable lien or a hypothecation such as that ..... representatives.) 4. the buyers hereby acknowledge that so long as such railway receipts or mates' receipts (whether in sellers' or buyers' name) are in possession of the sellers, the lien of the sellers as unpaid vendors subsists both on such railway receipts or dock's or mates' receipts and the goods they represent until payment in full. the contracts .....

Nippon Yusen Kaisha Vs. Mahali Ram-ranjidas and anr.

Court : Kolkata

Reported in : AIR1931Cal269

..... sollers' representative.(4). the buyers hereby acknowledge, that so long as such railway receipt, or mate's receipts whether in sellers' or buyers' mime, are in the possession of the sellers, the lien of the sellers, as unpaid vendors, subsists both on such railway receipts or dock or mate's receipts and the goods they represent until payment is made ..... has been contended for the plaintiffs that by reason of the retention of the mate's receipt the goods were not unconditionally appropriated to the contract as the sellers reserved jus disponendi over them; but this argument seems to me to be ill founded. the contract in this case regulates the matter and clearly the intention that ..... by virtue of their contract with the shippers.12. to this the appellants replied that they are not in a position to know of any contract between the sellers and the shippers or anything passing between them. on 9th june the plaintiffs' solicitor claimed immediate payment of the value of 325 bales, and on 11th the .....