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march 1976

Supreme Court of India · 1976-03-31

COLLECTOR OF CUSTOMS & ORS vs PEDNKAR AND COMPANY (PRIVATE) LIMITED (IN LIQUIDATION) &ANR

Citation / case number
SC 1968/60257
Court
Supreme Court of India
Petitioner
COLLECTOR OF CUSTOMS & ORS
Respondent
PEDNKAR AND COMPANY (PRIVATE) LIMITED (IN LIQUIDATION) &ANR
Bench
GOSWAMI, P.K.

Judgment text excerpt

The Supreme Court held that under Section 20 of the Sale of Goods Act, property in goods does not pass until they are ascertained and specific. The Court found that the property in the goods did not pass to the second respondent at the time of the agreement to sell, as the goods were not in a deliverable state and the agreement pertained only to part of the consignment. The High Court's ruling was upheld, confirming that the goods were not covered by the import license of the first respondent, and thus the appeal was dismissed.

COLLECTOR OF CUSTOMS & ORS vs PEDNKAR AND COMPANY (PRIVATE) LIMITED (IN LIQUIDATION) &ANR · Niyam