Sale - Law Dictionary Search Results
Home Dictionary Name: sale Page: 3Resale 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....
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....
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 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 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....
Mortgage by conditional sale
Mortgage by conditional sale, the definition of a mortgage by conditional sale postulates the creation by the transfer of a relation of mortgagor and mortgagee, the price being charged on the property conveyed. In a sale coupled with an agreement to reconvey there is no relation of debtor and creditor nor is the price charged upon the property conveyed, but the sale is subject to an obligation to retransfer the property within the period specified, P.L. Bapuswami v. N. Pattay Gounder, AIR 1966 SC 902 (903): (1966) 2 SCR 918; See also Bhaskar Waman Joshi v. Shrinarayan Rambilas Agarwal, AIR 1960 SC 301: (1960) 2 SCR 117. [Transfer of Property Act, 15 s. 58 (c)]...
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....
Sale or return
Sale or return. By s. 18, Rule 4, of the Sale of Goods Act, 1893, supra:-When goods are delivered to the buyer on approval or 'on sale or return' or other similar terms [e.g., on trial: Elphick v. Barnes, (1880) 5 CPD 326] the property therein passes to the buyer:-(a) When he signifies his approval or acceptance to the seller or does any other act adopting the trans-action:As to the meaning of adopting the transaction, see London Jewellers Ltd. v. Atten-borough, (1934) 2 KB 206.(b) If he does not signify his approval or acceptance to the seller but retains the goods without giving notice of rejection, then, if a time has been fixed for the return of the goods, on the expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time. what is a reasonable time is a question of fact....
Hire purchase agreement and contract for sale
Hire purchase agreement and contract for sale, a contract of hire-purchase is properly speaking a contract of hire by which the hirer is granted an option to buy but is not, as under a contract of sale, under a legal obligation to do so. The contract of hire-purchase is one of the variations of the contract of bailment, but it is a modern development of commercial life, and the rules with regard to bailments, which were laid down before any contract of hire-purchase was contemplated, cannot be applied simpliciter, because such a contract has in it not only the element of bailment but also the element of sale, Instalment Supply Ltd. v. S.T.O., (1974) 4 SCC 739: AIR 1974 SC 1105....
Inside sale
Inside sale, where the purchaser buys goods in West Bengal for his own consumption, the test of an 'inside sale' is satisfied when the property in the goods passes in the same State and all the elements of the contract of sale also take place inside it, Burmah Shell Opil Storage and Distributing Co. of India Ltd. v. Commercial Tax Officer, AIR 1961 SC 315: (1961) 1 SCR 902. [Constitution of India Art. 286 Expl.]...
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