Chhunna Mal Ram Nath vs. Mool Chand Ram Bhagat (1928) 30 BOMLR 837 Key Words: breach, recovery of damages, sale, delivery, dispensing with the performance FACTS Plaintiffs entered into contract for taking deliveries of the goods packed in wooden boxes from the defendants, which latter was to secure from London. Since British government prohibited the…
Kailash Sharma vs. The Patna Municipal Corporation and Ors. Citation: CWJC No. 9730 of 2006 Full Text here Facts: The Appellant-Company sold a certain number of fogging machines (used for killing mosquitoes) to the Respondent-Corporation for which the payment had to be made within one week of delivery. The Respondents did not pay within one week….
Khardah Company Ltd. v. Raymon & Co. (India) Private Ltd. AIR 1962 SC 1810 (Assignment) FACTS: Defendant entered into a contract for supply of goods to plaintiff, from Pakistan to India; however a notification was issued by Central Govt., prior to formation of above mentioned agreement, which made all forward contracts for sale-purchase of those goods…
Badri Prasad v. State of Madhya Pradesh & Anr. 1969 SCR (2) 380 (Ascertainment) FACTS: The appellant (A) entered into a contract in respect of certain forests and became entitled to cut teak trees with some specifications.[1]After a legislation[2] vesting the estate in the State, A was prohibited from cutting timber in exercise of his…
Kalka Prasad Ram Charan v. Harish Chandra AIR 1957 All 25 (Section 54(2) of Sale of Goods Act, Right of an unpaid seller, Right to lien) FACTS: Harish (H) entered into a contract for sale of 67 thans of silk with Kalka Prasad (K) (a partnership firm). 10 thans were delivered immediately. Delivery of the…
Beale v. Taylor [1967] 3 All ER 253 (Sale by Description, Section 13 of Sale of Goods Act) FACTS: Taylor published an advertisement to sell a car describing it as “white, 1961, herald convertible….” Relying on that description Beale came to see the car. Since he did not have a licence, he did not actually…
Digamber Pershad Kirti Prasad v. State of Uttar Pradesh & Ors. AIR 1996 All 1 (Section 2o and 26 of Sale of Goods Act) FACTS: Digambar Pershad, D got the contract of felling trees and collecting timber through an agreement to sell. D commenced the work of felling trees. All the trees were felled, sawn…
Dominion of India v. Raj Bahadur Seth Bhikhraj Jaipuria AIR 1957 Pat 586 (Time, Frustration, Section 299 (1) and 175 (3)) FACTS: Three contracts were entered into by the plaintiff (P) with the Railway (R) for supply of food-grains. Deliveries were to be made at any station of ER[1] in Bihar.[2] These three identical contracts…