Court : Chennai
Reported in : AIR1977Mad109; (1977)1MLJ51
..... is a consensus ad idem between the contracting parties in a contract of sale of goods regarding payment of price, it would be difficult to expect either the buyer to purchase or the seller to supply the goods under it. section 64-a is a special provision in the sale of goods act which provides for a specified contingency. in contracts of sale of goods, if during the working of performance ..... it comes within the exceptions mentioned therein. therefore, in a contract of sale of goods the acceptance by the parties as to price of the goods to be sold and delivered is the very foundation of such a contract. it is on account of the importance of this element of price in such contract the sale of goods act under section 32 makes it clear that unless otherwise agreed ..... of the same, customs or excise duty or tax on the sale or purchase of goods is imposed by any law for the time being ..... delivery of the goods and payment of the price are concurrent conditions. the importance .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1996KAR1136
..... essentials ingredients being an agreement to sell moveables for a price and property passing therein pursuant to that agreement. therefore unless a contract is shown to be a contract of sale as understood in the legal sence under the sale of goods act, it is legislatively incompetent on the part of the state legislature to bring to tax the transactions covered thereunder muchless it is so ..... ]3scr557 , supreme court by referring to its earlier pronouncements has observed that the state legislature, by enlarging the definition of 'sale' could not include transactions which are not sales according to well established concepts of sale under the law of contracts or sale of goods act. keeping in view the said constitutional limitations, it has further been held that the expression 'valuable consideration' as used in the ..... 4 of the sale of goods act, 1930 defines 'contract of sale of goods' to mean a contract whereby a seller transfers or agrees to transfer the property in goods to the buyer for a price. 'price' has been defined under section 2(10) of this act to mean money consideration for a sale of goods. therefore, a contract relating to goods can be said to be a contract of sale only if the consideration .....Tag this Judgment!
Court : Supreme Court of India
Reported in : (2009)224CTR(SC)538; 315ITR21(SC); JT2009(9)SC500; 2009(9)SCALE551; (2009)8SCC393; 182TAXMAN287(SC); 2009(8)LC3527(SC); 2009(7)SCC393
..... its favour by the competent authority. it was held that offer and acceptance need not always be in an elementary form, nor does the law of contract or sale of goods act require that the consent to a contract must be express. it is commonplace that offer and acceptance can be spelt out from the conduct of the parties. this is because law does not ..... not entitled to such exemption. [see: law and practice of income-tax by kanga & palkhivala, eighth edition, page 995]14. coming to the case law on the distinction between contract of sale and contract of agency, we may state that there is no straight- jacket formula. however, some important circumstances do bring out the effect of the transaction. in the case of ramchandra ..... rathore and bros. v. commissioner of sales tax, madhya pradesh, nagur , the terms of the agreement between the assessee, a dealer in bidis, and his agent who was required to sell the goods ..... the meaning of the sales tax act. this argument was rejected by this court observing that the limitations placed on the normal rights of the dealer and consumers to supply and obtain the goods by the cement control order do not militate against the position that eventually, the parties must be deemed to have completed the transactions under an agreement by which one .....Tag this Judgment!
Court : Kerala
Reported in : AIR1963Ker13
..... that the question is whether he had a statutory right of re-sale. this right would be available only if property in the goods had passed to the buyer. section 23 of the sale of goods act provides : '23(1) where there is a contract for the sale of unascertained or further goods by description and goods of that description and in a deliverable state are unconditionally appropriated to ..... the contract, either by the seller with the assent of the buyer or ..... by the buyer with the assent of the seller, the property in the goods thereupon passes to ..... pollock and mulla's indian sale of goods act, second edition, as follows:'the question whether a seller of goods has the right of re-sale is important, for where he has such a right he is entitled to claim as damages the difference between the contract price and the amount realised on the re-sale, less the costs of the re-sale while if he has no .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1961AP408
..... was broken. so, then it is to be seen how far the plaintiff has made out his case. according to s. 5 of the sale of goods act a contract of sale is made by an offer to buy or sell goods for a price and the acceptance of such offer. it may be oral or in writing or may even be inferred from the conduct ..... rate at or before that lime or even subsequent thereto.it is not easy to see how the contract can be said to be concluded without the acceptance of the rate which was an essential term of the contract. section 5 of the sale of goods act to which reference has already been made postulates an offer to buy or sell for a price and ..... the acceptance thereof. the goods sought to be contracted were not for ready delivery. they were to be delivered in future in two instalments ..... denies to have made any offer for purchase or having accepted any offer made on behalf of the plaintiff in relation to the sale ot goods, it does not appear to be the case of the plaintiff that the contract was dircctiy entered into between the plaintiff and the 1st defendant. according to him, it was the broker who had brought about the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1968SC741; 2SCR293
..... vested in the appellants. 12. section 18 of the sale of goods act provides that where there is a contract for the sale of unascertained goods no property in the goods is transferred to the buyer unless and until the goods are ascertained. it is a condition precedent to the passing of property under a contract of sale that the goods are ascertained. the condition is not fulfilled where there is ..... contract price and the amount realised on resale of the goods where he has the right of resale under s. 54(2) of the sale of goods act. the statutory power of resale under s. 54(2 ..... annas per lb. the respondent was not a pledge of the newsprint in sheets and had no right to sell the goods under s. 176 of the indian contract act, 1872. the real question is whether the respondent had the right to resell the goods under s. 54(2) of the sale of goods act, 1930. 8. the seller can claim as damages the difference between the ..... a contract for sale of a portion of a specified larger stock .....Tag this Judgment!
Court : Kerala
Reported in : 72ITR421(Ker)
..... for sale of movables. if the contract for sale of movables, which are in a deliverable state is unconditional, the title in them passes to ..... the purchaser the moment the contract is made even if delivery takes place only later. this and the other rules in ..... section 20 - 24 of the sale of goods act are subject to section 19(3) of that act which says that they can be applied only in the absence of a different intention on ..... contract for sale has to be distinguished from a contract of sale which is the sale itself. as regards immovable properties a contract for sale by itself does not create any interest in them. that is made clear in section 54 of the transfer of property act. it is in sharp contrast to the rule in the case of movables. sections 19 - 24 of the sale of goods act deal with contracts .....Tag this Judgment!
Court : Chennai
Reported in : AIR2001Mad466; (2001)2MLJ432
..... of certain quantity of yarn as claimed by the plaintiff. as per sub-section (1) of section 5 of sale of goods act, 1930, a contract of sale is made by an offer to buy or sell goods for the price and the acceptance of such offer. ex. a-32 cannot be termed as an offer, in the ..... absolved of all liabilities consequent on taking over of the thread division by the third defendant. in any event, according to him, in the absence of any contract regarding payment of interest, the claim for interest at the rate of 21 per cent cannot be sustained. on the other hand, mr. s. kalyanaraman, ..... plaintiff having had full knowledge of the transfer of business as and from 1.1.1983, having supplied goods to 3rd defendant and received payment from 3rd defendant, the first defendant is not liable to answer the suit claim as the plaintiff had recognised the ..... had again advised the plaintiff about the taking over by the third defendant who had undertaken to pay. even after all these, the plaintiff had supplied goods under invoice no.781 dated 27.9.83 to the third defendant and would pretend as though it had no knowledge of what had happened. the ..... is completed, they will discharge their outstandings. the plaintiff has no knowledge of the change in the management of the first defendant. the plaintiff supplied the goods only to the first defendant. on 19.7.83 the plaintiff sent a registered notice to the mettur textiles private limited, rukmani sewing threads, silaiman, .....Tag this Judgment!
Court : Delhi
Reported in : 1999VIAD(Delhi)449; 104CompCas53(Delhi); 86(2000)DLT361
..... the learned arbitrators seem to be inconsistent. obviously the learned arbitrators have ignored the material on record and also the provisions of section 63 of the indian contract act and section 60 of sale of goods act. the petitioner had not treated the contract as repudiated when respondent did not furnish performance bank guarantee by 5.3.1987 and respondent did not treat the ..... to fulfill its obligation to make april 1987. the respondent had also kept the contract alive till then.19. section 60 of the sale of goods act, 1930 provides :'where either party to a contract of sale repudiates the contract before the date of delivery, the other may either treat the contract as subsisting and wait till the date of delivery, or he may treat the ..... contract as rescinded and sue for damages for the breach.'20. the petitioner has not ..... contract as repudiated when petitioner had not furnished unconditional letter of credit and rather furnished conditional letter of credit and the contract was kept alive by the respondent till .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1958Kant10; AIR1958Mys10; ILR1957KAR72; (1957)35MysLJ221
..... by mr. venkataranga iyengar appearing on behalf of the respondents in various ways. he at first relied on the provisions of section 13 of the sale of goods act which inter alia provides that where a contract of sale is subject to any condition to be fulfilled by the seller, the buyer may waive the condition or elect to treat the breach of the condition ..... be allowed to rely on the plea of waiver at this stage. mr. venkataranga iyengar then relied on section 62 of the sale of goods act and contended that the implication of law, viz. that time was of the essence of the contract may be negatived by the course of dealings between the parties. in this case, he contended, the course of dealings which ..... not relate to any past dealings between the parties but only refers to the dealings in connection with this contract, i therefore hold on both these grounds that no assistance can be had by the respondents from section 62 of the sale of goods act. 7. but the most important argument of mr. venkataranga iyengar on this part of the appellant's contention was ..... as follows : under the contract the delivery of the goods was to be at the defendants' ex godown at bombay. it has been found in this .....Tag this Judgment!