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Hire-Purchase vs Contract of Sale: The Sundaram Finance Ltd. v State of Kerala Test and Its Sales Tax Implications
Table of Contents The Commercial Problem Behind the Legal Question The Statutory Definition: What Is a Hire-Purchase Agreement? The Structural Difference: Sale vs Hire-Purchase at a Glance The Borderline: When an Instalment Agreement Is Not a Hire-Purchase The Sales Tax Battlefield M/s. K.L. Johar & Co. v Commissioner of Tax Officer (AIR 1965 SC 1082) Sundaram Finance Ltd. v State of Kerala (AIR 1966 SC 1178): The Definitive Test The Hirer's Rights of Assignment: D.E. Kasisah
Umang
Apr 2715 min read


Sale vs Agreement to Sell: Why the Distinction Determines Who Bears the Risk When Goods Perish Under Section 4
A Question of Ownership — and Loss What Section 4 Actually Says Sale: The Executed Contract Agreement to Sell: The Executory Contract The Governing Principle: Risk Follows Ownership Section 26 and the Prima Facie Rule When Goods Perish Before the Contract: Section 7 When Goods Perish After the Agreement but Before Risk Passes: Section 8 The Full Table of Consequences Right to Sue for Price vs. Damages Jus in Rem vs. Jus in Personam Right of Resale Insolvency of Seller Insolve
Umang
Apr 2312 min read


THE SALE OF GOODS ACT (Landmark Judgement)
M/s. K.P. Mozika v Oil and Natural Gas Corporation Ltd. & Ors. (2024) The Supreme Court has held that the hiring of motor vehicles/cranes...

Content Desk
May 3, 20242 min read


Right of Resale in Sale of Goods Act
Content:- When right arises? Loss or Profit on Resale Resale When Properly Made ? Reservation of Right of Resale Title of the New Buyer...

Content Desk
May 3, 20245 min read


Stoppage in Transit in Sale of Goods
Content:- Requirements of Stoppage in Transit Commencement and End of Transit (1) Delivery to the buyer [S.51(1)] (2) Interception by the...

Content Desk
May 3, 20248 min read


Lien in Sale of Goods Act
Content:- Introduction Who is an unpaid seller? Section 45 of Sale of Goods Act Rights of Unpaid Seller Lien Legal Incidents of Lien Lien...

Content Desk
May 3, 20248 min read


Buyer's Duty in Sale of Goods Act
Content:- Duty to Accept Goods Right of Examination Acceptance Payment Duty According to Section 31 of the Sale of Goods Act, the buyer's...

Content Desk
May 3, 20242 min read


Delivery by Instalment in Sale of Goods
Content:- Legal Framework Factors in Determining the Nature of Breach Case Laws Vishnu Sugar Mills v. Rameshwar Jute Mills Conclusion...

Content Desk
May 3, 20245 min read


Rules of Delivery in Sale of Goods Act
Content:- Mode of Delivery Seller’s Duty to Deliver Buyer’s Duty to Apply Time of Delivery and Payment Place of Delivery Effect of Part...

Content Desk
May 3, 20247 min read
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