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1 - 7 of 7 (0.22 seconds)Section 62 in The Sale Of Goods Act, 1930 [Entire Act]
Section 3 in The Sale Of Goods Act, 1930 [Entire Act]
A. V. Thomas & Co. Ltd vs Deputy Commissioner Ofagricultural ... on 30 November, 1962
8. The above quoted Sub-section (2) of Section 64 provides that the sale is complete when the auctioneer announces its completion by "fall of hammer or in any other customary mode. "It has been held by the Supreme Court in A.V. Thomes & Co. Ltd. v. Dy. Commr. of Agricultural Income-tax & Sales-tax, AIR 1964 SC 569 and Consolidated Coffee Limited v. Coffee Board. Bangalore, AIR 1980 SC 1468 that the right of party in auction sale governed by legal provisions of
Section 64 of the Act, is subject to the express contract or agreement between the parties, and the provisions of section 62 of the Act can also be read as governing the rights and liabilities of the parties in relation to the auction-sale under Section 64 of the Act. Therefore, if there are such terms and conditions in the auction notice, which negative completion of sale in auction by mere fall of hammer or announcement of completion of sale, it may be held that the sales were not complete, It is, therefore, necessary to examine the relevant terms and conditions of the auction contained in the auction-notice --Annexure -- A and to determine its true legal import. The relevant conditions of auction, which need considered, are reproduced hereunder:
The Sale Of Goods Act, 1930
Section 12 in The Sale Of Goods Act, 1930 [Entire Act]
Consolidated Coffee Ltd. And Anr. Etc vs Coffee Board, Bangalore Etc. Etc on 15 April, 1980
8. The above quoted Sub-section (2) of Section 64 provides that the sale is complete when the auctioneer announces its completion by "fall of hammer or in any other customary mode. "It has been held by the Supreme Court in A.V. Thomes & Co. Ltd. v. Dy. Commr. of Agricultural Income-tax & Sales-tax, AIR 1964 SC 569 and Consolidated Coffee Limited v. Coffee Board. Bangalore, AIR 1980 SC 1468 that the right of party in auction sale governed by legal provisions of
Section 64 of the Act, is subject to the express contract or agreement between the parties, and the provisions of section 62 of the Act can also be read as governing the rights and liabilities of the parties in relation to the auction-sale under Section 64 of the Act. Therefore, if there are such terms and conditions in the auction notice, which negative completion of sale in auction by mere fall of hammer or announcement of completion of sale, it may be held that the sales were not complete, It is, therefore, necessary to examine the relevant terms and conditions of the auction contained in the auction-notice --Annexure -- A and to determine its true legal import. The relevant conditions of auction, which need considered, are reproduced hereunder:
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