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...short question that arises for consideration is whether there existed a relationship of agent and principal between the parties or there was only a relationship of buyer and seller between them...constituted an agency coupled with interest and the relationship between the parties was that of principal and agent. The plaintiffs alleged that they secured 2700 orders for Vespa Scooters and 501 orders...plaintiffs as their agent. The defendants denied the relationship of agent and principal as alleged by the plaintiffs. The defendants pleaded that they had never appointed the plaintiffs as their sole...
...case by the complainant. She has impleaded the authorized seller of MICROMAX Company. Here the buyer and seller relationship is in existence between the complainant and O.P. No.1. Certainly, there is...Order No. 27 Dt. 14. 09.2017 The complaint case u/s. 12 of the C.P. Act, 1986 in short is that she purchased a MICROMAX mobile handset from authorized seller...seller who advised the complainant to go to O.P. No.2, the authorized service centre of MICROMAX set at Malda. The said service centre after some little patchwork delivered the set to the complainant...
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...no liability for any hire-purchasing or having no relationship of buyer and seller relationship does not sustainable here. So also decisions related to that matter also not applicable here, as...Principal basis is not applicable here. Complainant's prayer for liabilities lies on both the Opposite Parties. Both the Opposite Parties are liable jointly and severally for the damaged as because the letter...Opposite Party No.2(two) is a necessary party in this case. His stand is more than a proper party in the case for an adjudication. Here the principle of hire purchasing is not applicable. Financier has...
.... 9. The OP has taken a contention that, there is no relationship of buyer and seller between the complainant and OP. Here the question to be decided by this Forum is whether the OP...Forum is absolutely false. Infact, there is no relationship of buyer and seller between the complainant and OP and there is no negligence on its part and prayed for dismissal of the complaint...buyer and seller between the complainant and OP and hence, the complaint is hit by the C.P Act and the same is liable to be dismissed as barred by law. Further, the allegations made in para 2 of the...
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11. The OP taken a contention that, there is no relationship buyer and seller between the complainant and OP here the question is to decide by this commission. Whether OP...complaint is not maintainable either in law or on facts as there is no relationship of buyer and seller either complainant nor deceased comes under the Consumer Law. Hence the complaint is hit by the CP...installed and maintained by OP was broken down and due to the said incident the Son of complainant name Manikanta fell down and sustained injuries over his head, nose, ear and died in the Hospital. Here...
...be entertained unless there is a buyer-seller relationship between the parties and the buyer has paid some specific consideration to the seller.
In the present...brevity, the facts/objections are not being reproduced here again, but they be considered a part of the present complaint and be read in the present complaint.
7. We...may be lack of medicinal services in the government hospitals located here but since there was no deficiency in the available/provided services, the OP No.1-hospital cannot be held liable for not...
.... Counsel clearly indicates that if the transactions between the buyer and seller are at arm’s length and there is no flow back of money from the buyer to the assessee, even if the price declared is below...the manufacturing cost, the same should not be rejected as incorrect. Here the relationship is not established and the transactions have to be held as between two independent parties at arm’s length...and here became the imported material was available at a cheaper rate, they were compelled to reduce the price. He refers to the decision of the Government of India v. Forbes Campbel & Co. Ltd...
...the buyer to cancel the contract. The buyer could however extend the delivery period at a discount as may be mutually agreed between the buyer and the seller.(c) That price...payable was to be US $ 480 per metric ton.(d) That the seller had to establish an unconditional irrevocable performance guarantee in favour of the buyer by any Indian...made to the seller by irrevocable letter of credit (L/C) covering 100% value of the contract quantity. The L/C was to be established by the buyer within seven days of the receipt of an acceptable...
...worthy of notice in the aforesaid transaction is that there continued to be a relationship, may be inchoate, between the petitioner and the State respondents as seller and buyer. Here, the State...number 27A of Schedule-II, the licensed contractor who sells or supplies such item to a licensed retail vendor shall be deemed to be the first point seller who shall be liable to pay tax on the sale...seller who shall be liable to pay tax on the sale price of the items as defined in clause (34) of Section 2 including excise duty, vend fee, bottling charges and other duty or fee by whatever name...
...requirements of the contract. Any dispute between the buyer and the seller must be settled between themselves. The courts, however, carved out an exception to this rule of absolute independence. The...under the exception. The dispute as to non-supply of goods was a matter between the seller and buyer and did not, as stated in the above decision, provide any cause of action for the Bank against the...independent cause of action against the seller for it was an act of the seller which was responsible for inducing the Bank to release the funds. But here, in the case before us, there is no question of...
...— Ciba Geigy of Basle. Tripartite agreements were also executed between the buyer, the seller and the foreign company, recognising the buyer as the registered or licensed user of the trademarks..., authorising the seller to affix the trademarks on the products manufactured “as an agent for and on behalf of the buyer and not of his own account” and that right of the buyer being reserved to revoke the...buyer was the manufacturer of goods and not the seller. The Collector of Central Excise allowed the appeals of the respondent and accepted the plea that the wholesale price disclosed by the seller was...
...an issuing or confirming bank to the buyer to honour the credit notified by him on presentation of apparently conforming documents by the seller was matched by a corresponding contractual liability...distant parties. It was intended to facilitate the transfer of goods between distant and unfamiliar buyer and seller. It was found difficult for the seller to rely upon the credit of an unknown customer. It...was also found difficult for a buyer to pay for goods prior to their delivery. The bank's letter of credit came into existence to bridge this gap. In such transactions, the seller (beneficiary...
...agent and not that of buyer and seller. These are all the material terms of the agreements and they are more consistent with the relationship of buyer and seller than with that of principal and agent...created the relationship of buyer and seller and not of principal and agent and that the assessees became buyers of the foodgrains obtained by them from the Government. They were, therefore, dealers...sale by the latter creates the relation of buyer and seller or only a relation of principal and agent is the intention of the parties to be gathered from the whole scope and effect of the language used...
...orders already received from a foreign buyer or expected to be received subsequently in the course of business” is not protected. That is exactly the position here. The only point of distinction...certificate to appeal here.6. The facts are not in dispute. Both Mills are two sister textile mills under a common management. They have their registered offices in Bombay...any foreign buyer. The licensed exporters at the ports dealt with them and the Mills dealt with the exporters.7. The procedure for export was as follows. During the period...
...:“(i) that there should be a transfer of motor spirit from the seller to the buyer;(ii) that the transfer must be for valuable consideration...the goods for a price paid or promised. Once this happens the buyer becomes the owner of the property and the seller has no vestige of title left in the property. The concept of a sale has, however...including a transaction within the fold of a sale even though the seller may by virtue of an agreement impose a number of restrictions on the buyer, e.g fixation of price, submission of accounts, selling in a...
...buyer and seller. The clause as to weighing says that the final weights as ascertained by Far East Superintendence Co. Ltd. or U.S Consultants at the port of discharge is final and binding on both..., (1952) 3 STC 434 that the contracts were directly between the respondents and their foreign buyers. There was no intermediary between the Indian seller and the foreign buyer. The sale and the export...intermediary between the seller and the importing buyer was held to break the link. There was one sale to the intermediary and another to the importer. The first sale was not in the course of export because...
...relationship between the State and the contractor ceased to be that of a seller and buyer. There was no existing sale, and therefore, no price was due.18. It may be noted here that under..., therefore, amounts to a rescission, of the contract, property reverts in the seller and the buyer is no longer liable for the price”.13. Thus resale results in rescision of the...the price. But however a case of recovery of deficit is different. In such a case, the property revests in the seller and the buyer is no longer liable for the price. The result of this will be that...
...buyer and seller are related, the transaction value shall be accepted provided that the examination of the circumstances of the sale of the imported goods indicate that the relationship did not influence...;(c) no part of the proceeds of any subsequent resale, disposal or use of the goods by the buyer will accrue directly or indirectly to the seller, unless an...appropriate adjustment can be made in accordance with the provisions of Rule 9 of these Rules; and(d) the buyer and seller are not related, or where the...
...J.S Khehar, J.— Leave granted. Sky Impex Ltd. (as buyer) entered into an agreement with JCE Consultancy (as seller) on 1-12-2001. The sale consideration for the products to be...the seller (JCE Consultancy). Within 72 hours wherefrom the seller was required to transfer to Sky Impex Ltd. US $62,000 as commission. Alternatively, the buyer (Sky Impex Ltd.) could transfer, upon...of the buyer towards the seller would stand exhausted. Thereupon, the seller would hold the bill of exchange in due course and get vested with the authority under the Negotiable Instruments Act to...