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Muhammad Talal   03 July 2020

sell of goods

Can a seller who parted with possession of goods to a carrier resume their possession? If so when?


Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     03 July 2020

Seller Duties and Responsibilities
  • Facilitate Sales. Sellers proactively greet customers and offer them assistance. ...
  • Process Payments. Beyond helping customers find items to buy, some sellers also process sales transactions. ...
  • Prepare the Sales Floor. ...
  • Oversee Sales Administration. ...
  • Perform Inventory Management and Restocking.

Nihal Thareja   03 July 2020

Hello sir,
 

Even after parting possession of the goods, the unpaid seller has some rights which are conveyed under the following provisions:-

A suit under Section 55 of the Sale of Goods Act 1930, can be filed against the buyer where under a contract of sale the property in the goods has passed to the buyer and the buyer wrongfully neglects or refuses to pay for the goods according to the terms of the contract

Section 46 of the Sale of Goods Act provides for the Rights of the unpaid seller wherein
Subsection (1) conveys that the unpaid seller of the property in the goods which may have been passed to the buyer is subject to the following rights has by the implication of law—

 (a)With respect to a lien on the goods for the price while he is in possession of them;

 (b) in case of the insolvency of the buyer a right of stopping the goods in transit after he has parted with the possession of them;

(c) a right of resale as limited by the Act.

Section 49 provides for the Termination of lien wherein under subsection (2) conveys that the unpaid seller of goods, having a lien thereon, does not lose his lien by reason only that he has obtained a decree for the price of the goods

 

Hope I was able to solve your query
Regards
Nihal

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