Court : Chennai
Reported in : AIR2001Mad466; (2001)2MLJ432
..... 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 ..... made intimating their final requirement' as claimed. in such a circumstance, based on ex. a-32, it cannot be contended that the first defendant had made an offer on 17. 12.82 for supply 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 ..... offer, in the absence of any evidence regarding the final requirement made by the first defendant. accordingly, i ..... account books will not be sufficient, to charge a person with any liability. his lordship has further held that the requirements of section 34 of the evidence act will not be satisfied by the production of accounts simpliciter. further, the person who wrote the accounts has not been examined. likewise ..... held that mere production of accounts will not be sufficient to charge any person with any liability and the requirement of section 34 of the indian evidence act will not be satisfied by the production of accounts simpliciter. i have already stated that except the ledger, no other account .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1957MP223
..... of price.this was the plaintiff's position so far as the supply of the goods was concerned, and in the absence of any liability to account for the sale proceeds, the transactions would be deemed to be made on the basis of contracts of sale within the meaning of section 5, sale of goods act, 1930. this conclusion is not affected by the fact that on one occasion, as a ..... special case as ext. p-21 shows, the defendant-company had taken back the soiled goods. other matters concern the plaintiff's ..... position as the distributor, which are extraneous to the determination of the question whether the property in the goods ..... wn 28 (a) is that the principal authorises the agent to represent or act for him in bringing or aid in bringing the principal into contractual relation with the third person.5. the pertinent facts, in the instant case, are that the plaintiff used to place orders for the goods which used to be delivered to him by the defendant-company on payment .....Tag this Judgment!
Court : Supreme Court of India
..... -section further lays down that the contract may provide for the immediate delivery of the goods or immediate payment of the price or both ..... did not sign the formal agreement sent by the respondent cannot lead to an inference that the contract had not been executed. this view is consistent with the plain language of section 5 of the sale of goods act, 1930, sub-section (1) whereof lays down that a contract of sale is made by an offer to buy or sell goods for a price and the acceptance of such offer. that sub ..... (2) of section 5 lays down that subject to the provisions of any law for the time being in force, a contract of sale may be made in writing or by word ..... , or for the delivery or payment by instalments, or that the delivery or payment or both shall be postponed. sub-section .....Tag this Judgment!
Court : Allahabad
..... . section 15 deals with sale by description. section 16 deals with the conditions as to quality or fitness. section 19 deals with passing of property passes in ..... that while considering the provisions contained in sales of goods act, the provision contained in section 8 and 23 should not be considered separately but they should be considered keeping in view the definition of goods given in section 2 of the sales of goods act, 1930 and other provisions. section 5 deals with how the contract of sale is made. section 6 deals with the existing or future goods. section 11 relates to stipulations as to time ..... goods. in case the entire material on record alongwith gspa .....Tag this Judgment!
Court : Chennai
..... . 11. as rightly found by the trial court, the alleged transaction projected by the plaintiff would not satisfy the contract of sale contemplated under section 5 of the sale of goods act, 1930. as found earlier, a perusal of ex.a1 does not show that any offer has been made by the plaintiff to sell the groundnuts to the defendant for a price and that, the defendant has agreed ..... defendant as contemplated in the sale of goods act, 1930 with reference to the groundnuts. 16. in this connection, the defendant counsel placed reliance upon the decision reported in 2002 -1- l.w 293 ..... the offer made by the plaintiff. in such circumstances, merely because ex.a1 contains the signature of the defendant, it cannot ..... same would be hit under section 27 of the indian evidence act and therefore, no credence could be attached to ex. x1 to fix any liability upon the defendant to pay the suit claim. 15. barring ex.x1, there is no other material on the side of the plaintiff to hold that there is a concluded contract of sale between the plaintiff and the .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1968P& H289
..... contract may provide for the immediate delivery of the goods or immediate payment of the price or both, or ..... goods for a price and the acceptance of such an offer. the ..... subject to some condition thereafter to be fulfilled, the contract is called an agreement to sell. an agreement to sell becomes a sale when the time elapses or the conditions are fulfilled subject to which the property in the goods is to be transferred (section 4 of the sale of goods act, 1930). section 5 of the sale of goods act provides that a contract of sale is made by an offer to buy or sell .....Tag this Judgment!
Court : Kerala
Reported in : II(1999)ACC142; 1999ACJ275; AIR1998Ker128
..... goods for a price and the acceptance of such offer. the contract may provide for the immediate delivery of the ..... has been transferred. the completion of sale of motor vehicle is not dependent on the transfer of its registration certificate. it has to be decided in terms of section 5 of the sale of goods act, 1930 which deals with as to how a contract of sale to be made. the said section runs as follows :'5. contract of sale how made- (1) a contract of sale is made by an offer to buy or sell ..... goods or immediate payment of the price or both, or ..... of the registration. in such cases the registered owner cannot be made liable.'13. in a considered judgment another division bench of this court in sumathy v. raghavan, (1996) 2 ker lt 1018, held:'if the sale of the vehicle is complete according to the provisions of the sale of goods act, 1930, notwithstanding the fact that there is no mutation in the registration .....Tag this Judgment!
Court : Gujarat
Reported in : 2004(176)ELT64(Guj); (2006)1GLR436
..... he relied upon the provisions of sale of goods act, 1930. he relied upon section 5 of the act which stipulates that 'a contract of sale is made by an offer to buy or sell goods for a price and the acceptance of such an offer. price is defined by section 2(10) which stipulates that 'price means the money consideration for sale of goods'. section 31 of the act provides that 'it is the ..... duty of the seller to deliver the goods ..... of u.p. v. bridge & roof company (india) ltd., reported in : air1996sc3515 wherein it is held as under:'16. firstly, the contract between the parties is a contract in the realm of private law. it is not a statutory contract. it is governed by the provisions of the contract act or, may be, also by certain provisions of the sale of goods act. any dispute relating ..... he submitted that the provisions of sale of goods act clearly militate against such a claim. he has relied upon a decision in the case of dhanyalakshmi rice mills v. commissioner of civil supplies and anr., reported in : 3scr387 wherein it is held that writ petition claiming refund in respect of amounts payable under a contract is not maintainable.7.11 mr. .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu
Reported in : (1988)LC640Tri(Chennai)
..... not a document of title. a way bill issued by the public carrier is not specifically included in the definition of documents of title under section 2(1) of sale of goods act, 1930.6. reference may usefully be made in this connection to the ratio of the division bench ruling of the karnataka high court in the case of the canara industrial and banking syndicate ..... the appellant and consequent on such a contract for sale, the property in the goods stood transferred in favour of the ..... of the goods in question and this fact is not controverted even by the learned counsel for ..... limited, udipi, versus v.ramachandra ganapathy prabhu and anr. reported in air 1968 mysore 133 (v.55 c 37). we therefore, hold that in the facts and circumstances of this case, there was a contract for the sale .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2006)8SOT532(Mum.)
..... section 4 of sale of goods act, 1930, are moreover in favour of the assessee. the learned departmental representative also made reference to section 5 of sale of goods act, 1930 and contended that the sale becomes final only when there is a transfer of property.section 5(2) of the aforesaid sale of goods act reads as under : 'subject to the provisions of any law for the time being in force a contract of sale may be made ..... the provisions of section 20 of sale of goods act are moreover in favour of the assessee company. section 20 of the sale of goods act, 1930 read as follows: 'section 20 specific goods in a deliverable state-where there is an unconditional control for the sale of specific goods is a deliverable state, the property in the goods passes to the buyer when the contract is made, and it is ..... immaterial whether the time of payment of the price or the time of delivery of the goods ..... be paid in cash.thus, as per the provisions of section 5(l) of the sale of goods act, 1930 where the parties to a contract agree that the payment for and delivery of the goods are to be postponed, the property in goods passes to the buyer as soon as the proposal for sale is accepted. in the present case, there was an .....Tag this Judgment!