...thereof.The learned counsel for Messrs Cartwright & Co. contended that this right to enforce the contract would not include the right of stoppage in transit, as that right belongs to an...& Co., and who was appointed receiver by the Court, was to the effect that the Lansdowne Mills got delivery of the goods on the 2nd January, 1914, and the notice of stoppage in transit was not given...until the 10th January, 1914, so that it appears that in the case of these goods the transit was at an end before the notice of stoppage was given.As regards the four bills of lading...

...reselling the goods while in transit and receiving the price, but continues until the goods have been delivered to the second buyer or to some one on his behalf. Section 102 provides that the right of stoppage ceases...why, if (as is clearly the case) the legislature intended by section 102 to assimilate other documents of title to bills of lading for the purpose of determining the right of stoppage in transit in...to a seller's right to stop goods while they are in transit to the buyer. Section 99 defines the right. Section 100 provides that goods shall be deemed to be in transit...

...] Further, though a railway receipt and all other documents enumerated in s. 2(4) of the Sale of Goods Act are assimilated to bills of lading for the purpose of the right to stoppage in transit and...(1) of the Sale of Goods Act reads: "Subject to the provisions of this Act, the unpaid seller's right of lien or stoppage in transit is not affected by any sale or other... and for consideration, then, if such last mentioned transfer was by way of sale, the unpaid seller's right of lien or stoppage in transit is defeated, and, if such last mentioned...

...at his own convenience, or else the remedy under Section 54(2) of the Sale of Goods Act i.e. stoppage in transit and resale after notice, chose the latter remedy. It was held...exercised his right of lien or stoppage in transit gives notice to the buyer or his intention to re-sell, the unpaid seller may, if the buyer does not within a reasonable time pay or tender the price...1. This is a second appeal by a defendant firm Messrs. Karson Agency (India) and its proprietor B. L. Kaura against the decree for Rs. 3,392/9/6 passed by the trial Court and affirmed in...

.... The mode in which the resale has to be effected is described in Section 54 of the Act. Sub-section (1) of Section 54 makes it clear that mere exercise of right of lien or stoppage in transit by the...his right of lien or stoppage in transit, the unpaid seller can resell the goods. The condition precedent for such resale is that the unpaid seller shall give notice to the buyer of his intention to...he is in possession of them;(b) in case of the insolvency of the buyer a right of stopping the goods in transit after he has parted with the possession of them;(c) a...

...statutory provisions. Section 54 of the Act provides that sales are not generally rescinded by lien or stoppage in transit. Where, however, the unpaid seller, who has exercised his right of lien or...stoppage in transit, gives notice to the buyer of his intention to sell, the unpaid seller may, if the buyer does not within a reasonable time pay or tender the price, resell the goods within a..., pursuant to the exercise of the right of lien or stoppage in transit, the buyer acquires a good title thereto as against the original buyer notwithstanding want of notice of the resale to the latter...

...possession of the goods, has a right of stopping them in transit and under Section 52, the unpaid seller may after exercising his right of stoppage in transit, take actual possession of the goods giving notice to the carrier. Under Section 52(2), when notice of stoppage of...required commercial documents (commercial invoices, packing lists, etc.) for each shipment to the applicable DHL Global Forwarding office.All bookings must be made in writing. DHL....”3. The petitioner company in order to fulfill its contract with the Koti-Idea for supply of furniture, booked furniture items at Integrated Container Depot, Tughlakabad (ICD TKD) New Delhi...

...withstanding delivery similar to and co-extensive with his right of lien and stoppage in transit where the property has passed the buyer." Thus it is...to the unpaid seller but not with the right to a lien or the right to stoppage of goods in transit given to him under Section 46(1)(a) and (b). (20) Section 54 of the Sale of Goods...us unpaid seller of his right of lien or stoppage in transit. (2) Where the goods are of a perishable nature, or where the unpaid seller who has exercised has right of lien or...

...perishable nature or where the unpaid seller who has exercised the right of lien or stoppage in transit gives notice to the buyer of his intention to re-sell, the unpaid seller may, if the buyer does.... The facts briefly stated are these.2. The Chief Conservator of Forests, Vindhya Pradesh invited sealed tenders for the sale of lac and lac products in the forests belonging to that...state. In the notice it was stated that the tenders were to be submitted by the end of January 1952. The appellant firm which carries on business at Mirzapur submitted tenders on 31-1-1952. The...

...Company, Limited , for the purpose of showing the origin and nature of the vendor's right of stoppage in transit.In the judgment of the learned Chief Justice at page 579 this...whole price, may, if the buyer becomes insolvent, stop the goods while they are in transit to the buyer.” Section 104 provides the method of stopping the goods. The section runs as follows:— “The seller may effect stoppage in...transit either by taking actual possession of the goods, or by giving notice of his claim to the carrier or other depository in whose possession they are.”Sections 106 and 107 deal with the rights of the seller after he has stopped the goods in transit. Section 106:— “Stoppage in...

..., Limited , for the purpose of showing the origin and the nature of the vendor's right of stoppage in transit.In the judgment of the learned Chief Justice at p. 579 this passage is to be found...possession of the goods and has not received the whole price may, if the buyer becomes insolvent, stop the goods while they are in transit to the buyer.” Sec. 104 provides the method of stopping the goods. The section runs as follows:— “The seller may effect stoppage in...transit either by taking actual possession of the goods, or by giving notice of his claim to the carrier or other depository in whose possession they are.”Secs. 106 and 107 deal with the rights of the seller after he has stopped the goods in transit. Sec. 106:— “Stoppage in...

...purpose of showing the origin and the nature of the vendor's right of stoppage in transit. 7. In the judgment of the learned Chief Justice at p. 67 9 this passage is to be found...not received the whole price may, if the buyer becomes insolvent, stop the goods while they are in transit to the buyer." Section 104 provides the method of stopping the goods. The section runs as follows: The seller may effect stoppage in...transit either by taking actual possession of the goods, or by giving notice of his claim to the carrier or other depository in whose possession they are. 11. Sections 106 and 107 deal with the rights of the seller after he has stopped the goods in transit. Section 106: "Stoppage in...

...lien or stoppage in transit. - (1) XXX XXX (2) Where the goods are of a perishable nature, or where the unpaid seller who has exercised his right of lien or stoppage in transit gives...stated in regard to that controversy at the outset. 3. At para 2 of the plaint, the genesis of the contract and its nature are not mentioned on which the trial Court has commented...adversely against him though on that ground the suit was not dismissed. The only statement in para 2 of the plaint is that in July, 1973, defendant firm had contracted with the plaintiff firm to purchase 240...

...the goods are of a perishable nature, or where the unpaid seller who has exercised his right of lien or stoppage in transit gives notice to the buyer of his intention to re-sell, the unpaid seller may...buyer shall be entitled to the profit, if any, on the re-sale”.11. Thus we have to find out whether the seller exercised his right of lien or stoppage in transit on the facts of this case...Sabhahit, J.:— This appeal by the plaintiff is directed against the judgment and decree dated 23rd September 1974 passed by the Principal Civil Judge, Bangalore City, in R.A No. 139 of...

...different states, there is no justification for stoppage in transit of the vehicle and goods. 6. We are of the considered view that balance has to be brought between...Indrajit Mahanty, C.J.:— This writ petition has come to be filed by the petitioner-Podder and Podder Industries Pvt. Ltd. which is engaged in the business of selling of...construction machinery. It is submitted that the petitioner sold certain construction materials to a buyer in Agartala from Silchar (State of Assam) and the said machine was transported through a truck...

...the buyer, the lien disappears. When the buyer obtains possession, both the right of lien and stoppage in transit are lost and the seller's remedy is only for recovery of the price. Moreover, the..., New Delhi to the Union Bank of India Gandhinagar Branch, Bangalore In the letter it was mentioned that if the documents are not retired within the stipulated period the petitioner had to be contacted...wound up by an order of this Court dated April 8, 1983 passed in C. P. No. 64 of 1981. The petitioner addressed a communication to the Official Liquidator for permission to lift the machinery...

...goods for the price while he is in possession of them; secondly, in case of the insolvency of the buyer, a right of stopping the goods in transit after he has parted with the possession of them; and, thirdly, a right of re-sale as limited by the act. section 54 (1) provides that a contract of sale is not rescinded by the mere exercise by an unpaid seller of his right of lien or stoppage in...transit. Subsection (2) inter alia provides that where the goods are of a perishable nature, or where the unpaid seller who has exercised his right of lien or stoppage in...exercised his right of lien or stoppage in transit resells the goods, the buyer acquires a good title thereto as against the original buyer. Then comes sub-s. (4) which provides as follows...

...goods for the price while he is in possession of them; secondly, in case of the insolvency of the buyer, a right of stopping the goods in transit after he has parted with the possession of them; and, thirdly, a right of resale as limited by the act. section 54(1) provides that a contract of sale is not rescinded by the mere exercise by an unpaid seller of his right of lien or stoppage in...transit. Sub-section (2) inter alia provides that where the goods are of a perishable nature, or where the unpaid seller who has exercised his right of lien or stoppage in...his right of lien or stoppage in transit re-sells the goods, the buyer acquires a good title thereto as against the original buyer. Then comes sub-s. (4) which provides as follows:—“(4...

...case) the Legislature intended by Section 102 to assimilate other documents of title to bills of lading for the purpose of determining the right of stoppage in transit in favour of a bond, fide...stop goods while they are in transit to the buyer. Section 99 defines the right. Section 100 provides that goods shall be deemed to be in transit while in course of...transit and receiving the price, but continues until the goods have been delivered to the second buyer or to some one on his behalf. Section 102 provides that the right of stoppage ceases if the...

...has, in addition to his other remedies, a right of withholding delivery similar to and co-extensive with his rights of lien and stoppage in transit where the property has passed to the buyer...case only with the said right of resale given to the unpaid seller, but not with the right to a lien or the right to stoppage of goods in transit given to him under Section 46 (1) (a) and (b...is not rescinded by the mere exercise by an unpaid seller of his right of lien or stoppage in transit;(2) where the goods are of a perishable nature, or where the unpaid seller who has...