MARWAR TENT FACTORY vs UNION OF INDIA AND ORS.

The Supreme Court held that under the Indian Sale of Goods Act, 1930, particularly Sections 23, 39, and 61, the property in goods passes to the buyer upon delivery to the carrier for transmission, without reserving any right of disposal. The Court found that the appellant's claim for the price of the short-delivered tents was valid, as the liability for short delivery lies with the consignee once the goods are dispatched. The appeal was allowed, reversing the lower court's decision and affirming the appellant's entitlement to the claimed amount.