Law: Sale of Goods Act, (III of 1930)

Section: 54

Law: Contract Act (IX of 1872)

Section: 2

  Sale of Goods Act (III of 1930)--- ----S. 54---Rescission of sale---Conditions---Sale generally could not be rescinded by lien or stoppage in transit except in terms of S.54, Sale of Goods Act, 1930---Conditions of rescission or exercise of right of rescission provide for issuing of notice to buyer before any right of lien could be exercised by seller---Where no notice was given by petitioners before taking action against respondents within contemplation of S.54, Sale of Goods Act, 1930, their claim was rightly deemed to be barred. Provincial Government of N.-W.F.P. v. M. K. Musafir PLD 1965 SC 489 and M/s. Aslam Saeed & Co. v. M/s. Trading Corporation of Pakistan PLI) 1985 SC 69 ref. Contract Act (IX of 1872)--- ----S. 2(h)---Sale of Goods Act (III of 1930), S.54---Right to lien over subject matter---Condition precedent---Where parties had reached agreement but had not yet signed contract, unpaid seller had right to exercise his lien over subject matter sold---Such lien could have been exercised only with prior notice to buyer which admittedly having not been given in terms of S.54, Sale of Goods Act, 1930, no damage or loss, occurring in course of re-tendering for sale of forest ranges could be claimed by Department (petitioner). Contract Act (IX of 1872)--- ----S. 6(2)---Forest Leases, Regulation of Procedure for, Regln. 38---Sale of Forest Ranges---Proposal---Acceptance---Reasonable time---Acceptance of proposal after prescribed time of acceptance---Effect---Acceptance of proposal after lapse of more than three months was not within reasonable time---Proposal made by buyer, therefore, would be deemed to have been revoked-- Acceptance of proposal must have come within 15 or at the most 20 days in terms of Regln. 38 of Forest Leases Regulations---Proposal in question, having been accepted after prescribed time would be deemed as revoked by conduct of petitioner. Contract Act (IX of 1872)-- ' ----S. 2(h)---Limitation Act (IX of 1908), Arts. 14 & 120---Civil Procedure Code (V of 1908), S.115---Agreement between parties not maturing into contract---Dispute between parties had occurred when mere agreement between parties had emerged and same…