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Judgment Search Results Home > Cases Phrase: sale of goods act 1930 chapter vi suits for breach of the contract Page 1 of about 392 results (0.195 seconds)

Mar 31 1967 (SC)

Bhajan Singh Hardit Singh and Co., Delhi Vs. Karson Agency (India) and ...

Court : Supreme Court of India

..... the remedy provided under section 54(2) of the sale of goods act, resold the goods, and sued the respondents herein (defendants) for making good the loss sustained by him on account of the breach of the contract by the opposite party and that the last sale of the goods was effected on 20-11-1951 and the present suit was filed on 19-11-1954 within 3 years from ..... rests mainly on the assumption that the appellant-plaintiff had a right to resell the goods by virtue of section 54(2) of the sale of goods act. we have, therefore to examine the provisions relating to the right of resale contained in the sale of goods act, 1930, chapter v of the sale of goods act, which contains sections 45 to 54, deals with the right of an unpaid seller against ..... paragraphs 4 and 6 of ex. p. 7 clearly show that the 500 yards which were agreed to be sold were not separated from the bales and appropriated to the contract. the goods were thus unascertained even by the date of ex. p-7. (27) section 18 of the sale of goods act provides that in the case of a contract for the sale of unascertained goods, no property ..... 25-7-1951 to the respondents defendants and required the respondents to take delivery by the end of july, but the respondents did not take the delivery of the goods. again, on 6-8=1951, the appellant-plaintiff sent a registered notice (ex. p-7) to the respondents defendants informing them that they should take delivery within 4 days, failing which the .....

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Mar 25 2004 (HC)

Nagnath Kaulwar and Sons Vs. Govindram Shyamsunder

Court : Mumbai

Reported in : AIR2004Bom271; 2004(4)ALLMR801; 2004(6)BomCR878

..... the defendant deliberately did not deliver the consignment as per the contract. he contended that the relationship of buyer and seller is established and the suit for damages for breach of contract for sell of the goods would be perfectly maintainable under section 57 of the sale of goods act, 1930. he contended that the letter dated 6-6-1979 addressed to the plaintiff by the defendant would clearly ..... show that the contract was cancelled and the defendant has committed breach of the contact and this has given ..... 13-3-1979 and the goods were sent by railway wagon to the plaintiff at wardha. so far as this first transaction is concerned, there is no dispute between the parties.7. in order to appreciate the contentions of the learned counsel for the parties, it may be stated that chapter 10 of the indian contract act, 1872 deals with appointment and ..... authority of agents. section 182 defines 'agent' and 'principal'. an agent is a person employed to do any act for another, or to represent another in dealings with third persons. the person for whom, .....

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Mar 19 2001 (HC)

M/S. Gmnco Ltd. Vs. Shri Ravi Gupta

Court : Delhi

Reported in : 2001VAD(Delhi)350; AIR2001Delhi409; 92(2001)DLT494; 2001(59)DRJ614; 2003(156)ELT476(Del)

..... view of provisions of section 58 of the sales of goods act, 1930, which in its turn is subject to the provisions of chapter ii of specific relief act, 1877. section 58 of the sales of goods act reads:-'58.specific performance- subject to the provisions of chapter ii of the specific relief act, 1877, in any suit for breach of contract to deliver specific or ascertained goods, the court may, if it think fit ..... that the appellant company markets, sells and services wide description of engineering equipments in india that are manufactured by m/s. caterpillar inc. (usa) at various manufacturing units outside india.6. the respondent approached the appellant and requested for a quotation indicating the prices of the earth moving equipment. according to the appellant, information was provided along with terms and condition ..... accept payment of rs. 56,00,000/- and complete the necessary documentation in respect of the transaction for sale of two machines/equipments, namely, cat 320 bl hydraulic excavator model 1998 bearing seriall no. 8 cr 03234 and 6 cr03236 on sale on high seas sale basis/transfer of ownership from bond basis lying in bond of bombay customs. in the alternative, the respondent .....

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Feb 02 1962 (HC)

Joint Family Firm of Girdharilal Prabhu Dayal Vs. Jethmal, Proprietor ...

Court : Andhra Pradesh

Reported in : AIR1963AP185

..... that this principle is now expressly recognised by the sale of goods act, 1930 and referred to the definition of 'seller' in section 45, clause (2).the same view is taken in jagram das v. eanarsi das, ilr 12 luck. 247 : (air 1936 oudh 308). in that case, the contract was entered into before the indian sale of goods act came into force. it was argued before the ..... and stated that it is applicable also in india. this decision was given before the indian sale of goods act, 1930 was enacted.7. the indian sale of goods act, 1930 came into force on 1st july, 1930. it is necessary to refer to some of the provisions of this act. under section 45 :'1. the seller of goods is deemed to be an 'unpaid seller' within the meaning of this ..... give instruction even on demand?(5) has the plaintiff suffered a loss of es. 7.778-8-3 due to denial and clear breach of duty by the defendant?(6) has this court jurisdiction to try the suit?(7) is the suit within limitation?(8) have the arbitrators given an award? have the parties agreed to it? if so, what is its effect?(9 ..... act--(a) when the whole of the price has not been paid or tendered;'clause 2 of section 45 is as follows :'in this chapter .....

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Jan 05 1982 (HC)

Mewar Textiles Mills Ltd., Bhilwara Vs. Sita Ram Basanti Lal Jain

Court : Rajasthan

Reported in : AIR1982Raj215

..... considered as a seller under the sale of goods act. reliance was placed on the provisions of sections 4, 19, 23, 45 and 46 of the sale of goods act, 1930. it was contended that under sub-section (3) of section 4 where in a contract of sale, the property of the goods is transferred from the seller to the buyer, the contract is called, a sale, but where the transfer of ..... . k. venkamma, air 1963 andh pra 135. on the proposition that in case of agreement to sell the only remedy of the plaintiff was to bring a suit for damages on account of breach of a contract, reliance is placed on the following authorities :ford automobile (india) ltd. v. delhi motor and engineering co., air 1923 bom 125; gulab rai sagar mal v ..... .200/-in favour of the plaintiff and against the defendant. the plaintiff was also allowed pendent lite and future interest upon rs. 11,936.70 p. @ 6% per annum from the date of the suit i.e. 4th feb. 1966 till realisation.5. the textile mills aggrieved against the judgment and decree of the learned district judge filed an appeal which came ..... of the term 'seller' has been made applicable under sub-section (2) of section 45 of this chapter i.e. for chapter v atone. that means a consignor or agent, who himself has paid, can also exercise the rights of unpaid seller against the goods. this is an additional right conferred on a consignor agent, who has himself paid, to exercise the right .....

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Jan 10 2003 (HC)

Hyderabad Chem. and PharmA. Works P. Ltd. Vs. Alco Chem. Ltd.

Court : Andhra Pradesh

Reported in : 2003(156)ELT638(AP)

..... , section 10 of the indian tariff act was repealed and reenacted as section 64a of the indian sale of goods act, 1930 by indian sale of goods (amendment) act, 1940 (act no. 41 of 1940). section 64a of the indian sale of goods act, 1930 provided for addition to or deduction from taxes in a contract of sale. the indian sale of goods act was further amended by the indian sale of goods (amendment) act, 1963 (act no. 33 of 1963) by ..... them in accordance with the terms of the contract of sale. chapter vi of the act deals with suits for breach of the contract. under section 55 of the act where under a contract of sale the property in the goods has passed on to the buyer and the buyer wrongfully neglects or refuses to pay for the goods according to the terms of the contract, the seller may sue him for the price ..... which section 64a of the act was substituted. the said provision .....

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Jan 10 2003 (HC)

Alco Chem Ltd. Vs. Hyderabad Chemical and Pharmaceutical Works Ltd.

Court : Andhra Pradesh

Reported in : III(2003)BC508

..... them in accordance with the terms of the contract of sale. chapter-vi of the act deals with suits for breach of the contract. under section 55 of the act where under a contract of sale the property in the goods has passed on to the buyer and the buyer wrongfully neglects or refuses to pay for the goods according to the terms of the contract, the seller may sue him for the price ..... repealed and reenacted as section 64-a of the indian sale of goods act, 1930 by indian sale of goods (amendment) act, 1940 (act no. 41 of 1940). section 64-a of the indian sale of goods act, 1930 provided for addition to or deduction from taxes in a contract of sale. the indian sale of goods act was further amended by the indian sale of goods (amendment) act, 1963 (act no. 33 of 1963) by which section 64-a of ..... the act was substituted. the said provision reads as under.64.a .....

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Jul 06 2001 (HC)

Metal Craft Vs. Rajya Krishi Utpadan Mandi Parishad and Others

Court : Allahabad

Reported in : 2001(3)AWC2067; (1999)3UPLBEC1689

..... and not a sale. chapter 111 of this act deals with 'transfer of property as between the seller and the buyer'. section 18 provides that when there is a contract for sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained. here the contract for sale at ghaziabad was with regard to unascertained goods as the precise goods, which had to ..... , the apex court in agricultural market committee v. shalimar chemical works ltd : air1997sc2502 , took into consideration the provisions of sales of goods act, 1930. the problem here may also be examined in the light of the said act. the admitted position is that after receipt of (he order, the petitioner purchased rice from millers in haryana, punjab and madhya pradesh which was transported by road ..... be applicable even in such cases where the agricultural produce is neither physically brought nor is in existence within the market area, the explanation can have no application at all. chapter vi of the rules deals with fees. levy and collection. sub-rule (2) of rule 66 lays down that no market fee shall be levied more than once on any consignment ..... to sell which can only result in a claim for damages. it would be contrary to all principles that damages for breach of contract are liable to be assessed to sales tax on the ground that they are in the position as sale price.'18. sri b. d. mandhyan, learned counsel for the respondent, has strenuously urged that market fee is levied on ' .....

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Jan 15 1982 (HC)

Mewar Textiles Mills Ltd. Vs. Sita Ram Basanti Bai Jain

Court : Rajasthan

Reported in : 1982WLN7

..... sections 4, 19, 23, 25, 45 and 46 of the sale of goods act, 1930. ft was contended that under sub-section (3) of section 4 wherein a contract of sale the property of the goods is transferred from the seller to the buyer, the contract is called a sale, but where the transfer of the property in the goods is to take place at a future time or subject ..... and anr. air 1936 oudh 308, and a. ramaswami v. k. venkamma : air1963ap135 . on the proposition that in case of agreement to sale the only remedy of the plaintiff was to bring a suit for damages on account of breach of contract, reliance is placed on the following authorities;the ford automobiles (india) ltd. v. the delhi motor and engineering co. air 1923 bombay ..... paid. the learned single judge referred 10 certain provisions of the colliery control order, 1945, and held that under the provisions of section 12a, 128 and section 6 of the colliery control order, the coal was allotted to the textile mills by the deputy coal controller (distribution) calcutta, and it was to be purchased through the plaintiff, a ..... , of the term 'seller' has been made applicable under sub-section (2) of section 45 for this chapter i.e. as chapter v alone. that means a consignor or agent, who himself has paid, can also exercise the rights of unpaid seller against the goods. this is an additional right conferred on a consignor or agent, who has miself paid to exercise the .....

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Nov 11 1980 (HC)

Tej Singh Vs. State of U.P. and ors.

Court : Allahabad

Reported in : AIR1981All103

..... be discharged by the power house. section 18 of the sale of goods act, 1930, 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. even though there was a concluded contract for the sale t>f waste coal ash, the goods were not identified or specific as denned by section 2 ..... thewaste coal ash from the premises of harduaganj power station to the extent of 1.5 lacs of cubic feet.3. the defendants-respondents filed written statement and contested the suit. the main contention raised on behalf of the defendants was that the price of the waste coal ash generally remains fluctuating and an intending purchaser has to pay price at ..... that compensation in terms of money was not sufficient to give him relief for the breach of contract. no decree for specific performance could therefore be granted.)7. section 38 provides for grant of perpetual injunction subject to the provisions of other chapters including chapters ii and iii of the act. section 38 lays down that injunction may be granted to the plaintiff to prevent ..... as such the property which was to be sold to the plaintiff was not specified. in the absence of specified goods no title could pass to the appellant in the waste coal ash.6. learned counsel for the appellant urged that the contract entered into between the parties was enforceable and the appellant was entitled to relief under section 10 of the specific .....

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