Jammu and Kashmir Sale of Goods Act, 1996 (1939 A.D.)

No: 2 Dated: Jul, 26 1996

THE JAMMU AND KASHMIR SALE OF GOODS ACT, 1996 (1939 A. D.)

(Act No. II of Samvat 1996)

    An Act to define and amend the law relating to the sale of goods.

    Whereas, it is expedient to define and amend the law relating to the sale of goods;

It is hereby enacted as follows:-

CHAPTER I

Preliminary

1. Short title, extent and commencement. - (1) This Act may be called the Jammu and Kashmir Sale of Goods Act, 1996.

(2) It extends to the whole of Jammu and Kashmir State.

[(3) It shall come into force on such date as the Government prescribes.]

2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,-

(1) "buyer" means a person who buys or agrees to buy goods;

(2) "delivery" means voluntary transfer of possession from one person to another;

(3) goods are said to be in a "deliverable state" when they are in such state that the buyer would under the contract be bound to take delivery of them.

(4) "document of title to goods" includes a bill of lading, dock-warrant, ware-house keeper's certificate, wharfingers, certificate, railway receipt, warrant or order for the delivery of goods and any other document used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise either by endorsement or by delivery, the possessor of the document to transfer or receive goods thereby represented;

(5) "fault" means wrongful act or default;

(6) "future goods" means goods to be manufactured Or produced or acquired by the seller after the making of the contract of sale;

(7) "goods" means every kind of movable property other than actionable claims and money; and includes stock and shares, growing crops, grass and things attached to or forming part of the land which are agreed to be served before sale or under the contract of sale ;

(8) a person is said to be "insolvent" who has caused to pay his debts in the ordinary course of business, or cannot pay his debts as they become due, whether he has committed an act of insolvency or not;

(9) "mercantile agents" means a mercantile agent having in the customary course of business as such agent authority either to sell goods, or to consign goods for the purpose of sale or to buy goods or raise money on the security of goods;

(10) "price" means the money consideration for a sale of goods;

(11) "property" means the general property in goods and not merely a special property in goods; merely a special property;

(12) "quality of goods" includes their state or, condition;

(13) "seller" means a person who sells or agrees to sell goods;

(14) "specific goods" means goods identified and agreed upon at the time a contract of sale is made ; and,

(15) expressions used but not defined in this Act and defined in the State Contract Act, 1977, have the meanings assigned to them in that Act.

3. Application of provisions of Act IX of 1977. - The unrepealed provisions of the Contract Act IX of 1977, save in so as is they are inconsistent with express provisions of this act, shall continue to apply to contracts for the sale of goods.