Case Summaries

R.D. Saxena v. Balaram Prasad Sharma, AIR 2000 SC 2912

Key Point: Advocates cannot retain client files as security for unpaid fees, as legal files are not "goods."

What Happened:

• R.D. Saxena, an advocate, refused to return the bank's case files, demanding payment for his fees.
• The bank filed a complaint, accusing him of professional misconduct.

Judgment:

• The Supreme Court held that legal files are not "goods" under the Sale of Goods Act, 1930.
• Advocates have no right of lien on client documents and must return them promptly.

Conclusion: R.D. Saxena was found guilty of professional misconduct for withholding the files. Advocates must resolve fee disputes separately without harming the client’s case.

Commissioner Of Sales Tax, Madhya Pradesh vs Madhya Pradesh Electricity Board

Key Points:

• Electricity is considered "goods" for sales tax purposes.
• The Madhya Pradesh Electricity Board is a "dealer" under sales tax laws.
• Steam supplied by the Electricity Board to a mill was treated as a labor contract, not a sale.

What Happened:

• The Madhya Pradesh Electricity Board generated, distributed, and sold electricity.
• It also sold coal ash, supplied tender forms, and provided steam to a mill.
• The board argued it wasn’t a "dealer" and claimed electricity and steam weren’t taxable as "goods."

Judgment:

• Electricity as Goods: Electricity qualifies as "goods" as it is movable property.
• Steam Supply as Labor Contract: Steam supply was a labor contract, not a sale.
• Dealer Status: The board was recognized as a "dealer" for conducting transactions involving goods.

Conclusion: Electricity is taxable as "goods," and the board is liable for sales tax on such transactions. The steam supply arrangement was not subject to sales tax.

The State of Madras v. Gannon Dunkerley & Co. (Madras) Ltd.

Key Points:

• Construction materials are not "goods" for sale under the Sale of Goods Act.
• The legislature cannot expand taxation beyond the definition of "sale of goods."

What Happened:

• The Madras General Sales Tax Act sought to tax materials used in construction contracts.
• The company challenged this, arguing no sale occurred as materials were only used for construction.

Judgment:

• A sale requires an agreement to sell and actual transfer of goods.
• Materials used in construction are consumed for work and do not qualify as "sale of goods."
• The amendment imposing tax on construction materials was declared ultra vires.

Conclusion: The Supreme Court dismissed the appeal, holding that tax can only be imposed on actual sales of goods, not on materials used in construction.

Vishnu Agencies (Pvt.) Ltd. vs Commercial Tax Officer & Ors.

Key Point: The case examines whether transactions under regulatory statutes qualify as "sales" under sales tax laws.

What Happened:

• Vishnu Agencies challenged the imposition of sales tax on cement transactions regulated under the West Bengal Cement Control Act, 1948.
• They argued the transactions lacked consensuality as they were entirely governed by statutory mandates.

Judgment:

• The Supreme Court held that such transactions are taxable as sales since mutual assent can be inferred from conduct.
• Even under regulatory constraints, the transactions retained elements of choice and consensuality.

Conclusion: The appeal was dismissed, and the transactions were deemed liable to sales tax.

Coffee Board, Karnataka v. Commr. of Commercial Taxes, AIR 1988 SC 1487

Key Point: The case discusses whether the compulsory delivery of coffee under Section 25(i) of the Coffee Act, 1942, constitutes a "sale" and whether the Coffee Board is liable to pay purchase tax.

What Happened:

• The Coffee Board challenged the Karnataka High Court's decision imposing purchase tax under Section 6 of the Karnataka Sales Tax Act, 1957.
• The Coffee Board argued that mandatory delivery of coffee under the Coffee Act, 1942, does not constitute a "sale" and claimed to act as a trustee or agent for growers, exempting it from tax.
• It also claimed immunity under Article 286 of the Constitution for export-related sales.

Judgment:

• Compulsory delivery under the Coffee Act involves elements of consent and constitutes a "sale" under the Sale of Goods Act, 1930 (SOGA).
• The Board cannot claim exemption from tax under Article 286 as the sales were "for export" and not "in the course of export."
• The Coffee Board does not function as a trustee or agent for the growers and is thus liable for purchase tax.

Legal Concepts:

• Sale Definition (SOGA, 1930): Involves mutual consent even under regulatory obligations.
• Article 286 (Tax Exemption): Applies only to sales directly in the course of export, not preparatory transactions.

Outcome: The appeal was dismissed, affirming the Coffee Board's liability to pay purchase tax.

Niblett v Confectioners' Material [1921] 3 KB 387

Key Point: Seller lacked the right to sell goods due to trademark infringement.

What Happened:

• Claimant bought 1,000 tins labeled "Nissly."
• Nestlé threatened legal action over similar labeling, preventing resale.

Judgment:

• The court held the seller had no right to sell, allowing the buyer to repudiate the contract.

Legal Concept: Implied condition under Sale of Goods Act: seller must have the right to sell.

Wallis v. Patt (1911)

Key Point: Seller breached the implied condition of description despite an exemption clause.

What Happened:

• Seller supplied inferior "Giant Sainfoin seeds" instead of "English Sainfoin seeds."
• The agreement excluded warranty liabilities.

Judgment:

• The court held the seller liable, as the breach concerned an implied condition (description), not a warranty.

Legal Concept: Under the Sale of Goods Act, exemption clauses cannot override implied conditions like goods matching their description.

Baldry vs Marshall

Key Point: The seller breached a condition by providing a car unfit for the buyer's stated purpose.

What Happened:

• A buyer consulted a seller for a touring car.
• The seller assured suitability, but the car was unfit for touring.

Judgment:

• The court held the buyer could return the car, recover the price, and claim damages for breach of condition.

Legal Concept: Under the Sale of Goods Act, when goods are bought for a specific purpose made known to the seller, there is an implied condition that they will fit that purpose.