For Sale - Law Dictionary Search Results
Home Dictionary Name: for sale Page: 3Auction sale
Auction sale, whenever there is an auction the sale must be deemed to be complete. Whether there is a transfer or not depends on the conditions of the auction and these have to be examined to find out when a transfer of the property auctioned takes place. There may be a sale by auction where the sale is not complete till, for example, a document is executed, Bombay Sale and Chemical Industries v. L.J. Johnson, AIR 1958 SC 289 (292). [Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954), s. 20]...
Contract for work or service contract for sale of goods
Contract for work or service contract for sale of goods, the primary difference between a 'contract for work or service' and a 'contract for sale of goods' is that in the former there is in the person performing work or rendering service no property in the thing produced as a whole notwithstanding that a part or even the whole of the materials used by him may have been his property. In the case of a contract for sale, the thing produced as a whole has individual existence as the sole property of the party who produced it, at some time before delivery, and the property therein passes only under the contract relating thereto in goods used in the performance of the contract is not sufficient: to constitute a sale there must be an agreement express or implied relating to the sale of goods and completion of the agreement by passing of title in the very goods contracted to be sold. C.S.T. v. Purshottam Premji, (1970) 2 SCC 287 (290)...
Inter-State sale
Inter-State sale, if the movement of goods from one State to another is the result of a covenant or an incident of the contract of sale, then the sale is an inter-State sale, Union of India v. K.G. Khosla & Co. Ltd., AIR 1979 SC 1160: (1979) 2 SCC 242: (1979) 3 SCR 453.When the contract itself involved the movement of goods from the factory situated in one State to the purchased in another State across the border it is an interstate sale, Cement Marketing Co. v. State of Mysore, AIR 1963 SC 980 (983)....
Sale of goods and purchase of goods
Sale of goods and purchase of goods, in order to constitute a sale there must be an agreement for sale of goods for a price and the passing of property therein pursuant to such an agreement, in order to constitute a sale it is necessary that there should be an agreement between the parties for the purpose of transferring title to goods which of course presupposes capacity to contract, that it must be supported by money consideration, and that as a result of the transaction property must actually pass in the goods. Unless all these elements are present, there can be no sale'.On the other hand to constitute a 'purchase of goods' within this Entry, there must be an agree-ment for purchase of goods and the passing of property therein pursuant to such an agreement, State of Madras v. Gannou Dunreeley & Co., AIR 1958 SC 560 followed; Andhra Sugars Ltd. v. State of Andhra Pradesh, AIR 1968 SC 599 (602). [Constitution of India, Sch. 7, List 2, Entry 54]...
Sale within State
Sale within State, a sale within the State includes a sale determined to be inside the State in accordance with the principles formulated in sub-s. (2) of s. 4 of the Central Sales Tax Act, 1956, Instalment Supply Ltd. v. S.T.O. Ahmedabad, AIR 1974 SC 1105 (1109). [Gujarat Sales Tax Act, 1970, s. 2(28) Explanation]...
Sales tax law
Sales tax law, means any law for the time being in force in any State or part thereof which provides for the levy of taxes on the sale or purchase of goods generally or on any specified goods expressly mentioned in that behalf, and 'general sales tax law' means the law for the time being in force in any State or part thereof which provides for the levy of tax on the sale or purchase o goods generally. [Central Sales Tax Act, 1956, s. 2(i)]...
Sale in the State
Sale in the State, can only mean a local sale or an intrastate sale as opposed to sale in the course of export or in the course of inter-State trade or commerce, State of Karnataka v. BM Ashraf & Co., (1997) 8 SCC 468: (1997) 107 STC 571....
Sale of foodstuff
Sale of foodstuff, there is no sale when food and drink are supplied to guest residing in the hotel. The supply of meals was not essentially in the nature of a service provided to them and could not be identified as a transaction of sale. The Revenue was entitled to split up the transaction into two parts, one of service and the other of sale of foodstuffs. If that be true in respect of hotels, a similar approach seems to be called for on principle in the case of restaurants, Northern India Caterers (India) Ltd. v. Lt. Governor of Delhi, AIR 1978 SC 1591 (1594): (1978) 4 SCC 36: (1979) 1 SCR 557....
Sale by the court
Sale by the court. It constantly happens that in the course of an action in the Chancery Division a sale of property becomes necessary, as, for instance, in administration suits, also, under (English) Admin. of Estates Act, 1925, s. 38, or actions to enforce mortgages. After an order has been made for sale, the further proceedings take place before the Master in Chambers. An estate, when sold by the court, is usually sold by public auction, but a private advantageous offer may be accepted at once, without going to an auction. For the procedure on sales by the Court, see (English) R.S.C. Ord. LI., and consult Dart's V. & P....
Consumption, use or sale therein
Consumption, use or sale therein, the words 'sale therein' in the words 'consumption, use or sale therein' in the definition of octroi means sale of octroiable goods to a person for the purpose of consumption or use by such person in the octroi area, Tata Engg. and Locomotive Company Ltd. v. AIR 1992 SC 645 (663): 1993 Supp (1) SCC 361....
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