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Law Dictionary Home Dictionary Definition delivery

Delivery, in relation to a lecture, includes delivery by means of any mechanical instrument or by broadcast. [Copyright Act, 1957 (14 of 1957), s. 2 (g)] It means the birth of a child. [Maternity Benefit Act, 1961 (53 of 1961), s. 3 (c)] It means-- (i) in the case of a negotiable multimodal transport document, delivering of the consignment to, or placing the consignment at the disposal of, the consignee or any other person entitled to receive it; (ii) in the case of a non-negotiable multimodal trans-port document, delivering of the consignment to, or placing the consignment at the disposal of, the consignee or any person authorised by the consignee to accept delivery of the consignment on his behalf. [Multimodal Transportation of Goods Act, 1993 (28 of 1993), s. 2 (f)] It means voluntary transfer of possession from one person to another. [Sale of Goods Act, 1930 (3 of 1930), s. 2 (2)] Must necessarily mean the point of time when the goods can be physically to the importer, Garden Silk Mills Ltd. v. Union of India, (1999) 8 SCC 744. Means voluntary of possession from one person to another, Michael Gerson (Leasing) Ltd. v. Wilkinson (CA), (2000) 3 WLR 1645 [Sale of Goods Act, 1979, s. 61(1)]. Means transfer of possession, actual or constructive, from one person to another, Halsbury's Laws of England 4(1), para 307, p. 157. Physical delivery of cloth in bales or in pieces but not cloth which though paid for is still in the physical possession of the seller, Seksaria Cotton Mills Ltd. v. State of Bombay, AIR 1953 SC 278: (1953) SCR 825. In the context of s. 5 of the Uttar Pradesh Sales Tax Act, 1948, the word 'delivery' occurring in s. 5 means 'actual delivery', Amritsar Sugar Mills Co. Ltd. v. Commissioner of Sales Tax, AIR 1966 SC 1242: (1966) 3 SCR 45. Delivery means the delivery of one's property to another for no consideration, C.G.T v. N.S Getti Chettiar, (1971) 2 SSC 741: AIR 1971 SC 2410 (2413). [Gift-tax Act, 1958, s. 2(xxiv)]

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