Judgment Search Results Home > Cases Phrase: unpaid seller Court: privy council Page 7 of about 117 results (0.001 seconds)

Raja Ram and ors. Vs. Chheda and anr.

Court : Allahabad

Reported in : AIR1949All555

..... the lower court dismissed the suit.5. the plaintiffs have filed this appeal. on behalf of the plaintiffs, it is urged that the amount claimed was a part of the unpaid purchase money and it was, therefore, claimable within twelve years of the date when the cause of action arose. as a matter of fact, the relief claimed in the plaint ..... section 55, sub-section (4) (b), t. p. act, where the ownership of the property has passed to the buyer before payment of the whole of the purchase money, the seller is entitled to a charge upon the property in the hands of the buyer for the amount of the purchase money, or any part thereof remaining ..... unpaid, and for interest on such amount or part. the amount now claimed must, to our minds, be deemed to be a part of the sale consideration. the parties intended it .....

Ram Chander and ors. Vs. (Pandit) Ram Chander and ors.

Court : Allahabad

Reported in : AIR1936All870; 166Ind.Cas.908

..... . the question of limitation has to be answered in accordance with the special circumstances of each: case: (1) where property has been sold and part of the purchase money remains-unpaid, a suit would lie to recover it, even though no other special damage has-been proved, because the balance is payable. this would be so, even though the vendor had ..... the absence of a contract to the contrary, the buyer is bound to pay or tender at the time and place of completing the sale, the purchase money to the seller or such person as he directs. there is a statutory obligation cast upon him to pay the amount either to the vendor or to the person named by him or ..... of three characters and different remedies would be available in each case. first where the amount left in the hand of the vendee is part of the purchase money remaining unpaid, a suit for the refund of the purchase money can be brought under section 55, t.p. act, and a statutory charge claimed under it. secondly where there is a .....

Amraj Singh and ors. Vs. Shambhu Singh and ors.

Court : Allahabad

Reported in : AIR1932All632; 140Ind.Cas.509

..... at all, at any rate till the property has already come into the hands of the purchaser and the price remains unpaid. in that case it might be said that the purchaser owes money and therefore a debt to the seller. in the case of a pre-emption the property is to be obtained only on payment, and if no payment is .....

Puttanna and anr. Vs. Korapolu Alias Bhagi Ammal and ors.

Court : Chennai

Reported in : 2Ind.Cas.617

1. we are of opinion that the plaintiff has no charge upon the property for her maintenance. the sale-deed creates no such charge. it is the seller and not the plaintiff who would have a charge upon the property for any unpaid purchase money. what the plaintiff relies upon is merely a covenant by the vendee with the vendor to pay the plaintiff a certain quantity of rice annually. such a covenant would not give rise to a charge vide webb v. macpherson 31 c.h 57. we, therefore, allow the appeal and dismiss the plaintiff's suit with costs throughout.

Thygaraja Mudaliar Vs. Seshappier and ors.

Court : Chennai

Reported in : 54Ind.Cas.458

..... this suit to enforce their vendor's lien to which they are entitled by section 55, clause 4 of the transfer of property act. it is thereby declared that 'the seller is entitled (a) to the rents and profits of the property till the ownership thereof passes to the buyer, (6) where the ownership of the property has passed to the ..... the whole of the purchase-money, to a charge upon the property in the hands of the buyer for the amount of the purchase-money or any part thereof remaining unpaid and for interest on such amount or part.'2. it has now been established by the fall bench in sivasubramania aiyar v. subramania aiyar 37 ind. cas. 429 : 39 m .....

international Sponge Importers, Limited Vs. Watt and Sons

Court : House of Lords

..... case presents singular features. when an agent is charged with the custody and disposal of goods in bulk, the ledgerising of those goods, and the accounting for the balance thereof unpaid for in cash or unaccounted for by way of invoice, checks his intromissions and discloses in, say, monthly or quarterly periods the deficiencies in his stock. such disclosure would put ..... agree with the language of lord low upon this point: of course, the allowance of credit is entirely in favour of the buyer. it would be much better for the seller every time to get his money down in exchange for the goods, and i can see nothing in the fact that the practice of the pursuers was to give credit .....

Rajah Kocherlocota Venkata Jagannath Rao Garu Vs. Maharajah Ravu Venka ...

Court : Mumbai

Reported in : (1936)38BOMLR760

..... the opinion that the transfer of the property by the plaintiff to the defendant constituted a sale; and under section 55 (4) (b) of the transfer of property act the seller was entitled to a charge upon the property in the hands of the purchaser for the amount of the purchase money and for interest thereon. this charge can be enforced ..... , and must be treated as final.5. the plaintiff, however, sought the same relief on the strength of his alter native claim to have a vendor's hen for the unpaid purchase price, which constituted a charge on the property sold by him. this claim has been disallowed by the high court on the ground that the transfer in question was .....

P.R. and Co. Vs. Bhagwandas Chaturbhuj

Court : Mumbai

Reported in : (1908)10BOMLR1113

..... minor qualification that precedes them, it would be ridiculous to assert that the act does not 'go so far' as the question of the contractual relations between buyer and seller. to these quotations i may add another drawn from the case of buldeo v. howe, cited above, where garth c.j. observed that the court was bound to ..... at its date, nevertheless presents marked divergences therefrom in these details. in the first place, it anticipated the sales of goods act in expressly empowering (section 107) the unpaid vendor to resell the goods after a reasonable lapse of time and notice to the purchaser. and in the second place, it contains no provision whatever sanctioning a claim for ..... property in the goods has passed to the buyer, and the buyer wrongfully neglects or refuses to pay for the goods according to the terms of the contract, the seller may maintain an action against him for the price of the goods.' this was the common law of england long prior to its codification in the sales of goods .....

Madhoram Hurdeodass Vs. G.C. Sett and anr.

Court : Kolkata

Reported in : 40Ind.Cas.383

..... position, in the case before us, that the contract of affreightment was dissolved on the date of the outbreak of the war as the sellers could not thereafter insist on its performance by an alien enemy. in this view, the conclusion is inevitable that the contract for supply of ..... of goods as are current in the market. interest at the rate of 8 per cent, per annum to be charged on any money unpaid after the due date, and rebate for payments before the due date will be allowed at the same rate. you have the option to ..... of goods as are current in the market. interest at the rate of 8 per cent. per annum to be charged on any money unpaid after the due date and rebate for payments before the due date will be allowed at the same rates. you have the option to ..... in ceylon had become charged on the goods.19. the bill of lading which under a c.i.f. contract is tendered by the seller to the buyer would be such as would procure delivery of the goods from the ship. in this case the bill of lading, if .....

In Re: Cargo Ex S.S. Rappenfels

Court : Kolkata

Reported in : AIR1915Cal793,30Ind.Cas.174

..... appropriating the goods to the contract, and, were i sitting in the high court's ordinary jurisdiction, i should hold without doubt that the property remained in the sellers.21. is there then any reason why i should not come to the same conclusion sitting in prized for i recognize that this question of property may be viewed ..... the buyer, this is qualified in this case by the provision which makes arrival of the goods an essential term. the risk during the voyage was thus on the sellers to the extent indicated by this qualification and, in the events which have happened, has actually fallen on thorn. this conclusion would entitle the claimants to urge that ..... s risk, and on this assumption maintains, in accordance with instructions emanating from the secretary of state, that they are liable to confiscation even though the british vendor is unpaid. his proposition is that risk, not property, is the test of liability to confiscation.5. even if this test be accepted, it is difficult to see how it .....