Court : Delhi
Reported in : 2008(2)ARBLR63(Delhi); 2008(103)DRJ174
..... 'while he is in possession of them'. this is apparent from a reading of section 46(1) of the sale of goods act, 1930. it is a settled proposition that if the unpaid seller does not have possession of the goods, he cannot have lien on such goods see: air 1926 pc 38: maneckji pestonji bharucha v. wadilal sarabhai and co. it must also be noted that ..... agreement to sell.18. section 45 of the sale of goods act, 1930 defines an unpaid seller as a seller of goods when, inter alia, the whole of the price has not been paid or tendered. the petitioner has not received the agreed sale price of gbp 9,00,000. clearly, the petitioner is an unpaid seller within the meaning of the sale of goods act, 1930.19. as regards the question of ..... passed to the buyer, section 46(2) deals with the rights of an unpaid seller where the property in the goods has not passed to the buyer. the petitioner, as observed earlier, is an unpaid seller within the meaning of the sale of goods act, 1930. the properties in the goods in question have not passed to the respondent. thereforee, although the petitioner cannot exercise any lien in respect ..... , but this does not mean that the petitioner would not have the right to the said goods. this is so because by virtue of section 46(2) of the sale of goods act, 1930 where the property in goods has not passed to the buyer, the unpaid seller has, in addition to his other remedies, a right of withholding delivery similar to and co-extensive with his .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1947Bom217; (1946)48BOMLR828
..... goods, the buyer acquires a good title thereto as against the original buyer, notwithstanding that no notice of the re-sale has been given to the original buyer. similarly, section 69, sub-clause ..... was open to the legislature, if it was so minded, to protect the innocent purchaser who buys at a sale held by the pledgee without giving the statutory notice to the pledger. for instance, section 54, sub-cl.(3), of the indian sale of goods act, provides that where an unpaid seller who has exercised his right of lien or stoppage in transit re-sells the ..... (3), of the transfer of property act, 1882, although sub-clause (2) makes ..... the 2nd defendant bank to the plaintiff was not by the owner of the shares, and under section 27 of the indian sale of goods act the bank could not convey to the plaintiff a better title than it had; but if the bank sold the shares under the authority of the pledger, then it could ' .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1957All25
..... his intention to re-sell the goods.7. section 46, indian sale of goods act enumerates the unpaid seller's rights. one of these rights is a lien on the goods for the price while he is in possession thereof. section 47 explains what the unpaid seller's lien is. it runs as follows :'(1) subject to the provisions of this act, the unpaid seller of goods who is in possession of themis ..... in all with the respondent and all these thans were agreed to be sold. thus the goods were ascertained and were in a deliverable state. under section 20, sale of goods act the property in the goods passed to the buyer as soon as the contract was made. but the seller was allowed to retain possession of 57 thans till the payment of price. no period ..... entitled to retain possession of them until payment or tender of the price in the following cases, namely : (a) where the goods have been sold without any stipulation as to credit ..... ; (b) where the goods have been sold on credit, but the term of credit .....Tag this Judgment!
Court : Chennai
Reported in : (1982)1MLJ35
..... notice to the buyer of his intention to re-sell, the unpaid seller may, if the buyer does not within a reasonable time pay or tender the price, re ..... equal consign-'ments. the statutory power of re-sale under section 54(2) of the indian sale of goods act, would arise, if the property in the goods has passed to the; tmyer, subject to the lien of the unpaid seller. however, where the property in the goods has not passed to the, buyer the seller has no right of re-sale under section 54(2).25. this position is ..... section 54(2) would apply. sub-section (2) of section 54 of the sale of goods act states that where the unpaid seller who has exercised his right of lien or stoppage in transit gives ..... property had not passed section 54(2) of the sale of goods act can have no application as no power of re-sale is required to enable a person to sell his own goods. such a power is required only when the property in the goods has passed to the buyer, subject to the lien of the unpaid seller and it is to this class of cases that .....Tag this Judgment!
Court : Chennai
Reported in : 42CompCas359(Mad)
..... , provides that the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or tender of the price. he is also entitled to exercise ..... the buyer, the unpaid seller has, in addition to his other remedies, a right of ..... -company, by way of sale amount of such spares supplied, has not been paid. thus, the applicant-company is in the position of an unpaid seller. under section 46 of the sale of goods act, an unpaid seller has, notwithstanding that the property in the goods may have passed to the buyer, a right of re-sale as limited by that act. where the property in the goods has not passed to ..... withholding delivery similar to and co-extensive with his rights of lien and a stoppage in transit where the property has passed to the buyer. section 47 of the sale of goods act, inter alia .....Tag this Judgment!
Court : Mumbai
..... is apparent that what is put in issue is the principle of 'unpaid seller' under the sale of goods act, 1930. while reliance is placed on sections 30 and 31 of the sale of goods act, 1930, what is of importance is to note that the sale of goods act, 1930 by chapter v confers certain rights of unpaid seller against the goods. there can be exercised by recourse to appropriate proceedings, but in ..... same paragraph said that they understand that defendant no. 2 are the owners of the rice cargo valued at us $ 17 million laden on board mv amitees under the sale of goods act which has been impleaded as defendant no. 1 in the present suit.55. it is not the case of the plaintiff that they have a claim against the vessel. they ..... i and anr. reported in : (2004) 9 scc 512.(v) queen's bench division (admiralty court) decision in the 'tesaba' reported in (1982) i. llr 397.(vi) extract from 'the sale of goods act' pollock & mulla page 214.(vii) mitsui & co. ltd. and anr. v. flota mercante grancolombiana s.a. (the 'ciudad de pasto') (1988) 2 llr 208.30. on the other hand ..... within this court's admiralty jurisdiction. the plaintiffs understand that the 2nd defendants are owners of rice cargo valued at us $ 17 million laden on board mv amitees under the sale of goods act, which has been impleaded as the 1st defendant in the present suit. the plaintiffs have a copy of the checklist for the shipping bill. this cargo has been sold .....Tag this Judgment!
Court : Orissa
..... , it canno.no.take the stand that it is no.liable as the goods had no.yet been delivered.14. the relevant provision of section 45(1) of the sale of goods act, 1930 reads as follows : unpaid seller . defined (1) the seller of goods is deemed to be an unpaid . seller within the meaning of this act,(a) (b) 15. when the whole of the price has no.been paid ..... ) goods are deemed to be in course of transit from ..... aforesaid provision unerringly makes it clear that the seller, i.e., petitioner no.1-company here was an unpaid seller at the relevant time of seizure as the cheque given by the consignee m/s. santosh traders, vedavyas was dishonoured before the vanaspati dalda and other consignments were delivered.16. section 51 of the sale of goods act, 1930 reads as follows : duration of transit- (1 ..... had no.reached its destination, the transit continued and petitioner no.1 remained the owner of the goods according to section 51 of the sale of goods act, 1930. it is further submitted by mr. s.c. lal that the sale having no.yet been completed and the goods being in transit in a truck, the said did no.amount to storage and it could no .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1969Raj313
..... on the goods only when they are still in his possession --see section 46(1)(a). he ..... has no right of re-sale of the goods once they have rone into the possession of the buyer.12. in this connection ..... addition to the agreement relating to the sale of goods.11. under the sale of goods act an unpaid seller has a hen ..... not exclusively an agreement or memorandum of agreement relating to the sale of goods. the terms contained in it entitling the seller to seize the truck and keep it with him if instalments were not paid in time and thereafter to sell it are not statutory rights of a seller under the sale of goods act. these terms constitute an agreement between the parties which is in .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : III(2008)BC526
..... sale under the first proviso to sub-section (1) of section 60 of the code of civil procedure, 1908 (5 of 1908);(h) any ..... in any vessel as defined in clause (55) of section 3 of the merchant shipping act, 1958 (44 of 1958);(e) any conditional sale, hire-purchase or lease or any other contract in which no security interest has been created;(f) any rights of unpaid seller under section 47 of the sale of goods act, 1930 (3 of 1930);(g) any properties not liable to attachment or ..... letters and correspondence also had been relied upon.10. section 31 of the act reads as hereunder:31. the provisions of this act shall not apply to-(a) a lien on any goods, money or security given by or under the indian contract act, 1872 (9 of 1872) or the sale of goods act, 1930 (3 of 1930) or any other law for the time being in ..... force;(b) a pledge of movables within the meaning of section 172 of the indian contract act, 1872 (9 of 1872);(c) creation of .....Tag this Judgment!
Court : Kerala
Reported in : 2010(2)KLT577
..... items may not fall even in that exemption. security interest in any aircraft; in any vessel falling under the merchant shipping act, 1958; in any conditional sale, hire purchase or lease of goods, pledge of movables; unpaid seller's lease under the sale of goods act, 1930 etc. fall within those enumerated in section 31. in that view of the matter, we are unable to see ..... that the provisions of the act are excluded from application solely on the basis of any commercial or financial yardsticks, or such other ..... skill is expended upon land. human labour, with or without the aid of implements, tools and machines, is employed utilising the art or science of cultivating the ground. in its good sense, it means farming, horticulture, forestry etc., including the allied pursuits, preparation 0/land or fields in large quantities, preparation of soil, planting of seeds, raising and harvesting ..... for the respondents.contentions and arguments of the appellant:4. the appellant-writ petitioner contended that the respondents did not have jurisdiction to initiate the impugned proceedings under the act in as much as such action is taken in relation to security interest created in agricultural land; the land in question being a rubber plantation, duly certified and supported .....Tag this Judgment!