...Bench is confused. The Division Bench treated the case of the respondent to be “a claim for damages for wrongful rejection”. Under the Sale of Goods Act when there is any enforceable contract the seller may claim for price ...signatures of Rodericks and Francis on the challans indicate acceptance of the goods, and, therefore, the rejection is wrongful. The finding of the trial court that there was acceptance ...-acceptance of goods on the footing of unenforceable contract for sale of goods.13. In view of the fact that there was acceptance of the...

...assessable value of the goods.4. This appeal of the revenue is on the ground in the present case the deal of supply of the goods was finalised after inspection and ...) held that forwarding charges are not included in the assessable value of the goods.3. The respondent are engaged in the manufacture of excisable goods and they were supplying the goods...to the Railway. The adjudicating authority held that the goods were cleared at factory gate and the freight is not to be included in the assessable value of the goods. However, the adjudicating...

...act of consumption may constitute acceptance of the goods within the meaning of Section 42. But the mere acceptance of the goods within the meaning of Section 41 would n...ascertaining whether they are in conformity with the contract.(2) Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound, on request, to afford the...not previously examined the goods, the delivery of the goods to the buyer by itself will not be deemed to be acceptance of goods by him. He must be afforded an opportunity of examining th...

...:“2. (b)(ii) “the day of deemed acceptance” means, where no objection is made in writing by the buyer regarding acceptance of goods or services within thirty days from the...days from the day of acceptance or the day of deemed acceptance of any goods or any services by a buyer from a supplier. It is submitted that a careful reading of Section 2(b) along with ...:“2. (b) “appointed day”, means the day following immediately after the expiry of the period of thirty days from the day of acceptance or the day of deemed ...

...under Notification No. 8/2000-CE & 8/2001-CE. The appellants used to clear goods on transfer voucher & Subsequently issue commercial invoice after acceptance of goods. The goods were liable to duty...on transfer voucher and commercial invoices has been issued after acceptance of goods. In that circumstances, if the clearance made on the strength of transfer voucher have been reduced from the...against both the appellants. The matters were adjudicated. It was held that M/s HFP clearing the goods in the guise of M/s TFP and the same are required to be clubbed together. Accordingly, clearances of...

...: - (b) "appointed day" means the day following immediately after the expiry of the period of thirty days from the day of acceptance or the day of deemed...,- (i) "the day of acceptance" means,- (a) the day of the actual delivery of goods or the rendering of ser... (b) where any objection is made in writing by the buyer regarding, acceptance of goods or services within thirty days from the day of the...

...acknowledging the liability. The defendant in the affidavit of opposition did not dispute the acceptance of goods. The defendants contend that one Mr. Purinder Singh Khurana, an employee of the...Soumen Sen, J.:— The Court: This is an application for judgment upon admission for a sum of over Rs. 2 crores. The claim in this suit is arising out the goods sold and delivered. The...plaintiff says that a sum of over R.2 crores is due and payable on account of the goods supplied, received and consumed by the defendant. The plaintiff has referred to numerous confirmations of accounts...

...upon the same principle as in the case of the non-acceptance of goods sold. 3. The plaintiffs let to the defendant a certain space in the ship for the carriage of his goods, with ...1. We are of opinion that, for the purpose of ascertaining the amount of damages sustained by the plaintiffs by reason of the defendant's breach of contract, the plaintiffs, although sub...-charterers, must be considered as between themselves and the defendant to be subject to the same obligations as the owners of the ship. 2. The damages here cannot be measured quite...

...upon the same principle as in the case of the non-acceptance of goods sold.The plaintiffs let to the defendant a certain space in the ship for the carriage of his goods, with an imp...Garth, C.J:— We are of opinion that for the purpose of ascertaining the amount of damages sustained by the plaintiffs by reason of the defendant's breach of contract the plaintiffs..., although sub-charterers, must be considered as between themselves and the defendant to be subject to the same obligations as the owners of the ship.The damages here cannot be measured quite...

...acceptance of service from the respondents for consideration and committed no deficiency in service. There is also not any acceptance of goods for consideration. So in the strict sense complainant is not a...leaf was produced before the Judicial Ist Class Magistrate Court, Thrissur in the case of ST 2730/06. It was also informed that that case will be withdrawn on 12.9.2006 on its trial day. But the...complainant was arrested on 20.9.06 in the midst of public and produced before the court. Later at 4.30 p.m. he was released since there was no case against him. The respondents have acted intentionally...

...acceptance or the day of deemed acceptance of any goods or any services by a buyer from a supplier. Explanation. —For the purposes of this clause..., — (i) "the day of acceptance" means, — (a) the day of the actual delivery of goods or the rendering of services; or... (b) where any objection is made in writing by the buyer regarding acceptance of goods or services within fifteen days from the day of the delivery of goods or...

...agent of the Province to purchase goods but that he acted in exercise of his statutory authority. Therefore, there was no offer by the Province to purchase sugar and there was no acceptance of offer by...common place illustration of supply and acceptance of goods resulting in sale under the present conditions is furnished by the present system of sale of rationed goods. There are ration s...regulated by the Rationing Order. Therefore the parties, the price, the shop, the supply and the acceptance of goods in accordance with the provisions of the Rationing Order are all regulated. When...

...);(b) ‘appointed day’ means the day following immediately after the expiry of the period of thirty days from the day of acceptance or the day of deemed ...buyer from a supplier;Explanation.—For the purposes of this clause,—(i) ‘the day of acceptance’ means,—...writing by the buyer regarding acceptance of goods or services within thirty days from the day of the delivery of goods or the rendering of services, the day on which such objection is re...

...Administration is not entitled to impose conditions as regards the form of packing as a condition precedent to the acceptance of goods by it for carriage at its own risk as a common carrier. It is bound...more by a consideration of its own interests than those of look merchants, and that the Railway Authorities have no right to refuse goods which are properly packed, and cannot enforce a rule requiring...that the goods must be packed only in a particular manner.5. On these findings it passed a decree in the plaintiff's favour in terms of the reliefs payed for in the plaint...

...: 83 L.J K B 715. " It is well settled that in an action for non-delivery or non-acceptance of goods under a contract of sale the...other than that agreed, the promisee cannot claim compensation for any loss occasioned by the non-performance of the promise at the time agreed, unless at the time of such acceptance, he gives notice to...every day in the ordinary transactions of mankind. It is this : There is a contract for the sale of goods to be delivered, say, in January, or upon a day of January. On the day before the delivery is...

...respondents have referred to the invoice appended along with the petition, as Annexure P-7, to submit that once on the front page of the invoice, it was specifically mentioned that the acceptance of goods and...: "Acceptance of Goods and Services under this invoice or making part or full payment against this invoice of only acknowledgment of this invoice is treated as...Mr. Bansal. 13. Be that as it may, once the front page of the invoice specifically provided that acceptance of goods and services under the invoice shall amount to...

...acceptance of goods in these circumstances would attract Section 70 of the Indian Contract Act. That according to Mr. Narula was his plea in paragraph 12 of the plaint. We...Section 56 of, Indian Contract Act. All that he contends is that after the plaintiff made representation the supply and acceptance of goods was on the basis of those assurance. M...by the Government obviously suffered from an infirmity of non-compliance with Section 175(3) of the Government of India Act, and therefore the acceptance of goods must b...

...ground that respondent-plaintiff had not brought on record original documents and had also not proved its accounts and any delivery challan/receipts showing acceptance of goods on behalf of....C was prepared. He has not proved the accounts, any delivery challan/receipt showing acceptance of goods on behalf of defendant. Merely by filing the statement of accounts and that too a photocopy...entering into a contract on their own account with the respondents in respect of jute goods, and it is not the case of the appellants that they had secured written confirmation of such consent or...

...the appointed day: Provided that in no case the period agreed upon between the supplier and the buyer in writing shall exceed forty-five days from the day of acceptance or the day of deemed acceptance.”...-five days from the day of acceptance or the day of deemed acceptance.23. Section 2(b) of the Act, says about what is “appointed day”.“2(b). “appointed day” means the day fo....”Explanation - For the purposes of this clause:-(i) “the day of acceptance” means:- (a) the day of the actual delivery of goods or the rendering services; or (b) w...