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Judgment Search Results Home > Cases Phrase: conditions sale of goods act Page 1 of about 125,797 results (0.254 seconds)

Feb 02 1933 (PC)

Arcos, Limited Versus E. A. Ronaasen and Son

Court : House of Lords

..... j., and on appeal the court of appeal, differed from the umpire and held that the buyers were entitled to reject. the simple question is whether the goods when shipped complied with the implied condition (sale of goods act 1893, section 13) that they should correspond with the description. when the umpire inspected them on july 9, 1931. some nine months after landing and exposure ..... this appeal from a unanimous judgment of scrutton, greer and slesser, l.j.j., affirming a judgment of wright, j., in favour of the buyers is whether on a sale of goods by description the implied condition that the goods shall correspond with the description (sale of goods act, 1893, section 13) has been performed by the seller so as to disentitle the buyer to reject the ..... goods. the facts and the law applicable to them have been or are about to be so thoroughly stated and discussed by other noble and learned lords, whose opinions i have ..... . length. the staves were required by the buyers for making cement barrels and this was made known to the sellers in circumstances that implied a condition that they should be fit for that purpose. the goods in question were shipped under the contracts in october. when the shipping documents were tendered the buyers refused them on the ground that there had not .....

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Oct 24 2002 (SC)

Escorts Jcb Limited Vs. Commissioner of Central Excise, Delhi-ii

Court : Supreme Court of India

Reported in : AIR2002SC3708; 2002(84)ECC225; 2002LC545(SC); 2002(146)ELT31(SC); JT2002(8)SC298; 2002(7)SCALE475; (2003)1SCC281; [2002]SUPP3SCR261

..... ballabgarh, haryana. the payment is to be made before despatch of the goods from the factory premises. the machinery, handed over to the carrier/transporter is as good as delivery to the buyer in terms of section 39 of the sale of goods act apart from terms and conditions of sale. section 39 of the sale of goods act reads as under:39. delivery to carrier or wharfinger:(1) where ..... goods to the buyer, delivery of the goods to a carrier, whether named by the buyer ..... , in pursuance of a contract of sale, the seller is authorized or required to send the ..... or not, for the purpose of transmission to the buyer, or delivery of the goods .....

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Mar 03 2009 (SC)

Commissioner of Central Excise, Noida Vs. Accurate Meters Ltd.

Court : Supreme Court of India

Reported in : 2009(164)LC239(SC); 2009(235)ELT581(SC); JT2009(3)SC481; 2009(4)SCALE333; (2009)6SCC52; 2009(2)LC931(SC)

..... ballabgarh, haryana. the payment is to be made before despatch of the goods from the factory premises. the machinery, handed over to the carrier/transporter is as good as delivery to the buyer in terms of section 39 of the sale of goods act apart from terms and conditions of sale. section 39 of the sale of goods act reads as under:39. delivery to carrier or wharfinger: (1) where ..... goods to the buyer, delivery of the goods to a carrier, whether named by the buyer ..... , in pursuance of a contract of sale, the seller is authorized or required to send the ..... or not, for the purpose of transmission to the buyer, or delivery of the goods .....

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Nov 08 2000 (HC)

Nagarjuna Paper Mills Ltd., Hyderabad Vs. G. Mahesh

Court : Andhra Pradesh

Reported in : 2001(1)ALD308

..... the plaintiff-respondent is illegal and contrary to the provisions of law, it is further contended that the lower court failed to see that under the provisions of sale of goods act, in the absence of condition in the contract from payment of interest on the outstanding due, the appellant-defendant is entitled to claim interest and the respondent-plaintiff is also liable for ..... the respondent. therefore, though there is no contract to that effect, the respondent is liable to pay interest on the outstanding due. as contemplated under section 61(2) of the sale of goods act, the court can award interest at its discretion. therefore, i hold that the appellant-defendant is entitled to collect interest @ 12% p.a from the respondent-plaintiff against the ..... . aggrawal sons, , wherein the division bench dealing with similar circumstances has held that sub-section (2) of section 61 of the sale of goods act is not in the nature of an exception or proviso to sub-section (1) nor is the former subject to the latter. if there was no contract between the parties ..... for the appellant submits that though there is no clause in the agreement for collection, of interest on the outstanding due from the plaintiff, as per section 61 of the sale of goods act, the appellant-defendant is entitled to collect the interest and reliance is placed on the judgment of punjab and haryana high court in telu ram jain v. m/s .....

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May 21 1986 (TRI)

Gem India Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1986)19ITD540(Delhi)

..... condition or a warranty. (2) a condition is a stipulation essential to the main purpose of the contract, the ..... . a mere right to sue cannot be said to be any goods, much less, property since a mere right to sue is not an actionable claim even. section 12 of the sale of goods act, 1913 defines 'conditions and warranties' and reads as under : 12. conditions and warranties (1) a stipulation in a contract of sale with reference to goods which are the subject thereof may be a ..... support to the above finding can be had from section 59 of the sale of goods act, which reads as under : remedy for breach of warranty.-(i) where there is a breach of warranty by the seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, the ..... collateral to the main purpose of the contract, the breach of which gives rise to a claim for damages but not to a right reject the goods and treat the contract as repudiated. (4) whether a stipulation in a contract of sale is a condition or a warranty depends in each case on the construction of the contract. a stipulation may be a .....

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May 07 1990 (TRI)

Marchon Textile Ind. P. Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1992)41ITD15(Delhi)

..... sale with reference to goods which are the subject thereof may be a condition or a warranty. (2) a condition is a stipulation essential to the main purpose of the contract ..... the date of passing of the title in the goods from the seller to the buyer till the period of guarantee expires. guarantee given in the sale of goods act is not different from a warranty spoken of in section 12 of the sale of goods act. section 12 of the sale of goods act is in the following words : " 12. condition and warranty. -- (1) a stipulation in a contract of ..... of which in this case were, in my opinion, mistakenly construed by the department as amounting to sale ignoring the other conditions imposed. regard, therefore, must be had to section 24 of the sale of goods act to determine the time when the property in the machine passes from the assessee to the buyer. this can only be after the period of two years is ..... of the contract, express or implied, to that effect. (3) nothing in this section shall affect the case of any condition or warranty fulfilment of which is excused by law by reason of impossibility or otherwise." 34. section 19 of the sale of goods act deals with the topic "property passes when intended to pass " and reads as under : " 19. property passes when intended .....

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Oct 28 1959 (HC)

Antony Thomas Vs. Ayuppunni Mani

Court : Kerala

Reported in : AIR1960Ker176

..... mccardie, j., held that the words as to the percentages were words of description, under section 13 of the (english) sale of goods act, 1893, that the sale was, therefore, a sale by description and that there was an implied condition that the goods must comply with the description.11. in the light of what is stated above this appeal has to be dismissed. judgment ..... pet cent is not in dispute before us.3. section 12 of the indian sale of goods act, 1930, deals with conditions and warranties as follows :'1. a stipulation in a contract of sale with reference to goods which are the subject thereof may be a condition or warranty.2. a condition is a stipulation essential to the main purpose of the contract, the breach of ..... this implied condition is clear and founded on the consensual basis of the law of contract. ..... a safe by description, and there is an implied condition that the goods shall correspond with the description. the section on which he relies is section 15 of the indian sale of goods act, 1930, which provides that'where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description.''the general principle of .....

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Apr 10 1958 (HC)

National Traders, a Firm of Merchants in Partnership Vs. Hindustan Soa ...

Court : Chennai

Reported in : AIR1959Mad112; (1960)IIMLJ195

..... had become so, and he becomes entitled to the remedies which attach to a breach of warranty.' 8. section 12 of the indian sale of goods act defines a condition and warranty section 12 (2) and (3) state:'a condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract ..... the description in the contract, and (2) merchantablequality are embodied in sections 15 and 16 of the in-dian sale of goods act. section 15 runs as follows:'where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description .....'section 16 with reference to sub-clause (2) runs as follows:'subject to ..... relating to the sale of specific goods, whatever its precise effect will ..... examined shows that the specific goods are not excluded.' in mulla's commentary on the indian sale of goods act it is stated at page 62, 'specific goods may, however, be sold by description, and it is conceived that, when this is the case, such stipulations will, as in the case of the sale of unascertained goods, amount to conditions though the goods are specific, and the provision .....

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Feb 06 1970 (HC)

Ranbirsingh Shankarsingh Thakur Vs. Hindusthan General Electric Corpor ...

Court : Mumbai

Reported in : AIR1971Bom97; (1972)74BOMLR789; ILR1972Bom427; 1971MhLJ27

..... chemical, viz., free sulphite, the presence of which was due to negligence in manufacturing by c, and also involved on the part of b, a breach of implied conditions under the sale of goods act. the disease was external and a's skin was normal. free sulphite was present in the garment in quantities which could not be described as small. the disease contracted ..... privy council was considering section 14 of the south australia sale of goods act which is equivalent to section 16 of the indian sale of goods act. that was a case in which a brought an action against b and c claiming damages on the ground that he had contracted dermatitis by reason of the improper condition of underwear purchased by him from b company and manufactured ..... .8. section 16 of the indian sale of goods act is an exception to the rule of caveat emptor under the act. sub-sections (1) and (2) of section 16 are as follows:--'16. subject to the provisions of this act and of any other law for the time being in force, there is no implied war-warranty or condition as to the quality or fitness ..... defective condition of the garments which b sold to him and which c manufactured and put forth for sale. it was held by the judicial committee that b company were liable in contract; their liability was made out under exceptions (1) and (2) to section 14 which are equivalent to exceptions (1) and (2) to section 16 of our indian sale of goods act. according .....

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Feb 26 1999 (HC)

Hindustan Lever Ltd. and Another Vs. State of U.P. and Others</B>

Court : Allahabad

Reported in : 1999(2)AWC1706; (1999)2UPLBEC982

..... sale that the goods are ascertained. unless and until a specified portion of the total stock is identified and appropriated to the contract, no properly passed ..... to the buyer.31. section 19 of the sale of goods act provides that 'where there is a contract for the sale of specific or ascertained goods, the ..... separated on, receiving order from the redistribution stockist for sale of those specific tins.30. in p. s. n. s. ambalavana chettiar and co, ltd. and another u. express newspapers ltd., bombay, air 1968 sc 741, the supreme courtheld that in view of section 18 of the sale of goods act, it is a condition precedent to the passing of property under a contract of ..... or subject to some condition thereafter to be fulfilled, the contract is called an agreement to sell'.27. a perusal of section 4(3) clearly indicates that for a sale to take place, there must be a transfer of property. as to when the transfer of property takes, we have to go to chapter iii of the sale of goods act. section 18. which is .....

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