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Sales Return Book

When goods ar...

Question

When goods are shipped or delivered to a railway administration for carriage by railway, the Seller is prima facie deemed to have reserved the right of disposal, if, by the Bill of Lading or Railway Receipt, the goods are deliverable to the order of ______.

A

buyer

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B

seller

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C

buyer or his agent

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D

seller or his agent

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Solution

The correct option is D seller or his agent
When goods are shipped or delivered to a railway administration for carriage by railway, the Seller is prima facie deemed to have reserved the right of disposal, if, by the Bill of Lading or Railway Receipt, the goods are deliverable to the order of seller or his agent. According the order of the seller or his agent, the goods are to be delivered.

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Q. solve:
Example State whether a tight of lien can be exercised in each of the following alternative cases:
Case (a) X sold goods to Y for Rs. 10,000 without any stipulation as to credit and the price remains unpaid:
Case (b) X sold goods to Y for Rs. 10,000 on a credit of 1 month and the period of credit has expired.
Case (c) X sold goods to Y for Rs. 10,000 on a credit of 1 month and Y became insolvent during the period of credit.
Case (d) X of Delhi, sold goods to Y of Mumbai for Rs. 10,000 and delivered the same to the railway for the purpose of transmission to the buyer. The railway receipt was taken in the name of Y and sent to Y.
Case (e) X sold goods to Y for Rs. 10,000 and Y's agent lawfully took the delivery of goods.
Case (f) X sold goods to Y for Rs. 10,000 and expressly waived his. right of lien.
Case (g) X sold 10 tons of wheat to Y for Rs. 1,00,000 and Y resold 8 tons of wheat out of 10 tons to Z. Y instructed X to deliver 8 tons of wheat to. Z. Y then became insolvent.
Case (h) X of Delhi sold some goods to Y of Mumbai and took the railway receipt to his own name and sent the railway receipt to. his agent,
Case (i) X of Delhi sold some goods to Y of Mumbai and took the railway receipt in the name of Y and it was sent by X to his agent.

Q. Solve:
State whether the following contracts of sale amount to sale or an agreement to sell.
Case (a): X entered into a contract for sale of the entire crop of rice that would yield on his farm.
Case (b): A railway administration entered into a contract for sale of coal-ash that might. accumulate during the period of contract.
Case (c): X entered into a contract for sale of some goods in a particular ship to be delivered on the arrival of the ship.
Case (d): X entered into a contract for sale of a painting only if Z, its present owner, sells it to him.

Q. A document issued by Railway Company acknowledge receipt of goods is known as ______.

Q. When goods are physically handed over to the Buyer or his authorised agent i.e., transfer of physical custody, it is a case of _______.

On loading the goods to the railway cart, the railway authority issues a ___ which has all the details of the goods.

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