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For Sale - Law Dictionary Search Results

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Bargain and sale

Bargain and sale, A contract for the sale of real or personal property of any kind operating under the Statute of Uses as a conveyance of the land, or at Common Law, from early times of goods sold without delivery, the vendor of land being held originally to possess or be seised of the property to the use of the purchaser. In the case of goods the Common Law rule was and is that the property may be transferred by the contract if the parties so intend [see Ogg v. Shuter, (1875) LR 10 CP at p.162; and (English) Sale of Goods Act, 1893, s. 20]. In the case of land a similar result was effected by the Statute of Uses (27 Hen. 8, c. 101), which attached the property to the use and turned it into a legal estate. No formalities were required for a bargain and sale of lands until 27 Hen. 8, c. 16, required that bargains and sales of any estate of inheritance must be by deed enrolled within six months in the records of one of the King's Courts at Westminster. The devise of a lease and release (...


Sale or purchase of goods shall be deemed....inter-State trade or commerce

Sale or purchase of goods shall be deemed....inter-State trade or commerce, According to s. 3 of the Act, a sale or purchase of goods shall be deemed to take place in the course of inter-State trade or commerce. A sale of goods can be held to have taken place in the course of inter-State trade, if it can be shown that the sale has occasioned the movement of goods from one State to another. A sale in the course of inter-State trade has three essentials: (i) there must be sale, (ii) the goods must actually be moved from one State to another and (iii) the sale the movement of the goods must be part of the same transaction. The word 'occasions' is used as a verb and means to cause or to be the immediate cause of, Kelvinator of India Ltd. v. State of Haryana, AIR 1973 SC 2526: (1973) 2 SCC 551: (1974) 1 SCR 463....


Resale and sale

Resale and sale, 're-sale and sale' must have the same meaning and the definition of 'sale' in the Act is a general definition which does not limit it to a sale inside the territory of Delhi. S. 5(2)(a)(ii) of the Bengal Finance (Sales Tax) Act, 1941 does not seek to impose any tax on resale, Polestar Electronic (Pvt.) Ltd. v. Additional Commissioner of Sales Tax, AIR 1978 SC 897: (1978) 1 SCC 636: (1978) 3 SCR 98....


Particulars of sale

Particulars of sale, description of property offered for sale by auction. The property should be described with as much minuteness and accuracy as possible. It is the duty of a vendor to make himself duly acquainted with the peculiarities and incidents of the property he is going to sell; and when he describes it for the information of the purchaser to describe everything material to be known in order to judge of its nature and value, and on the sale of a partial interest, any substantial variation from the description will even at law render the contract voidable, see Flight v. Booth, (1834) 1 Bing NC 77, per Tindal, C.J. If there be anything connected with the property important to be known which cannot be discerned or may be misapprehended by ocular inspection, it ought to be stated in the particulars: see Dav. Prec. Conv. Vol. i. On the sale of property of any considerable size the particulars are usually accompanied by a plan. In sales by auction the conditions of sale are general...


For sale

For sale, The words 'for sale' following upon the word 'goods' clearly indicate that the goods manu-factured or processed by the registered dealer must be goods for sale or in other words, they must be goods intended for sale and it is immaterial whether they are intended for sale by the registered dealer himself or by anyone else. This sub-clause of S. 8(3)(b) of the Central Sales Tax Act, 1956 would therefore clearly cover a case where a registered dealer manufactures or processes goods for a third party on a job contract and uses in the manufacture or processing of such goods, materials purchased by him against his Certificate of Registration and the declarations in Form C, so long as the manufactured or processed goods are intended for sale by such third party, Assessing Authority-cum-Excise and Taxation Officer v. East India Cotton Mfg. Co. Ltd., AIR 1981 SC 1610: (1981) 3 SCC 531: (1982) 1 SCR 55....


Contract for sale of land

Contract for sale of land. The incidents of a contract for sale of land re regulated partly by statute and partly by the practice of conveyancers. A contract for sale of land must be in writing, (English) L.P. Act, 1925, s. 40. See FRAUDS, STATUTE OF. If the contract is a simple, unconditional, or open contract for sale of land, it is implied that the vendor is to make a good title to the land for an estate in fee simple free from incumbrances, Hughes v. Parker, 8 M & W 344. He is under an obligation to show a good title (in ordinary circumstances for the thirty years preceding the date of contract, see ABSTRACT), and to prove that title by sufficient evidence. the expenses of showing the title, i.e., the abstract, falls on the vendor and so also the expenses of production of material documents in his possession or in that of his trustees an mortgagees. The expenses of production for verification of those which are not in such possession are to be borne by the purchaser, (English) L.P....


Contract for sale

Contract for sale. A sale implies a consideration in money or money's worth in return for the thing sold and consequently consideration is an integral part of a contract for sale. The legal incidents of a contract for sale of goods have been embodied and codified in the Sale of Goods Act, 1893. See SALE....


Mortgage by conditional sale and sale with a condition of repurchase

Mortgage by conditional sale and sale with a condition of repurchase, there is a clear legal distinction between the two concepts, a mortgage by condition sale and a sale with a condition of repurchase. The former is a mortgage, the relationship of debtor and creditor subsists and the right to redeem remains with the debtor. The latter is an out and out sale whereby the owner transfers all his rights in the property to the purchaser reserving a personal right of repurchase, Bhoju Mandal v. Debnath Bhagat, AIR 1963 SC 1906 (1907). [Transfer of Property Act, 1882, s. 58 (c)]...


Sale in the course of export

Sale in the course of export, the phrase 'sale in the course of export' comprises in itself three essen-tials: (i) that there must be a sale, (ii) that goods must actually be exported, and (iii) the sale must be a part and parcel of the export, Coffee Board v. Joint Commercial Tax Officer, AIR 1971 SC 870: (1969) 3 SCC 349: (1970) 3 SCR 147.(ii) The expression 'in the course' implies not only a period of time during which the movement is in progress but postulates a connected relation. Sales in the course of export out of the territory of India means sale taking place not only during the activities directed to the end of exportation of the goods out of the country but also as part of or connected with such activities, Md. Serajuddin v. State of Orissa, AIR 1975 SC 1564: (1975) 2 SCC 47: (1975) Supp SCR 169....


wash sale

wash sale [probably from the comparison of such a sale to the act of washing, which does not affect the nature of the thing washed] : a sale and purchase of securities that produces no change of the beneficial owner ;specif : a sale of securities within 30 days before or after the purchase of substantially identical securities NOTE: Any loss from such a sale is not deductible for most taxpayers under the Internal Revenue Code. ...



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