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

Section: 11,54(2),.20,46,47,54

(a) Sale of Goods Act (III of 1930) S.11 Stipulation as to time Scope Stipulation as to time of payment is not to be deemed to be the essence of contract of sale unless different intention appears. (b) Sale of Goods Act (III of 1930) S.54(2) Property in the goods already passed to buyer Failure to give notice Effect Where property in the goods has already passed and in case of absence of notice, the buyer is not liable to pay any damages and is also entitled to profit, if any, on the resale. (c) Sale of Goods Act (III of 1930)--Ss. 46, 47 & 54 Contract Act (IX of 1872), S.182 Unpaid seller Rights Goods imported for buyer -Principle Importer acts as an agent in the matter of the import of goods by the buyer and the transaction is subject to the incidence of agency governed by the relevant provisions of law of agency as contained in Contract Act, 1872 Where importer paid import price and incurred other expenses in the matter, such importer had lien on the property of buyer and having financed the deal, could have acquired the goods but the same was subject to consent of buyer. Purushotham Haridas and others v. Messrs Amruth Ghee Co. Ltd. and others AIR 1961 Andh. Pra. 143 ref. (d) Sale of Goods Act (III of 1930) -- Ss.20, 46, 47 & 54 Contract Act (IX of 1872), Ss.73 & 74 Civil Procedure Code (V of 1908), S.96 Selling of goods by unpaid seller Damages claimed by buyer Seller imported the goods on behalf of the buyer and buyer failed to receive the goods after payment of full price Seller sold the goods on no profit and no loss basis Buyer claimed market price of the goods imported and sold by the seller-Trial Court decreed the suit in favour of the buyer Plea raised by the seller was that in case of non payment of the value of the consignments, the same would be sold at the risk and cost of the buyer Validity Goods, in the present cases, were to be sold in the market and the matter of risk and cost was to be determined accordingly in terms of Ss.73 & 74 of Contract Act, 1872 Seller instead of resorting to the provisions of Ss.73 & 74 of Contract Act, 1871 proceeded to treat goods as belonging to the seller and to them on to the units owned by…

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