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

Section: 42

(a) Waiver, doctrine of Rights legally capable of being waived, abandoned or lapsed Abandonment or lapsing of such right, held, may either be expressly made by person concerned or may be inferred from his conduct and all other attending circumstances. Burmah-Shell Oil Co. v. The Trustees for the Port of Chittagong P L D 1961 S C 452 ; Mustagim v. Sher Bahadur P L D 1962 Pesh. 16 and Sharh Al-Majallatul Ahkam AI-Adliyab, Vol. 1, S. 51 ref. (b) Sale of Goods Act (XIII of 1930)  S. 42-Contract of sale between appellants and respondent-Govern ment for export of rice to foreign buyer in double gunny bags- Abiding by conditions contained in Letters of Credit opened in their favour appellants themselves requesting delivery of the in single bags for shipment of rice-After shipment appellants claiming remaining same number of gunny bags as not used in doubling or its equivalent price but Government repudiating claim-Held : Appellants deemed to have accepted goods as soon as bags of rice tied up to ship's tackle and shipped to buyer abroad-By accepting goods in deliverable state and not raising any plea for claiming other bags or compensation in lieu thereof and further by getting said goods shipped for foreign buyer in strict compliance of terms of Letter of Credit not open to appellants to claim bags or their price by way of compensation same having lapsed on acceptance of rice being loaded on ship and its sailing abroad. (c) Arbitrator Award by arbitrator made rule of Court-Award not proved illegal or erroneous, held, cannot be set aside.-[Award]. Abdul Rehman Munshi v. Dr. Abdul Malik and others 1968 S C M R 275 and Province of East Pakistan v. Messrs Architect Engineer & Co. P L D 1968 Dacca 245 ref. Date of hearing : 18th March, 1980.                                                                                                                        …