Sale of Goods Act, 1930

Section 35

Buyer to apply for delivery

⚡ Quick Answer Reference: Section 35 Sale of Goods Act, 1930

Provision: Section 35 of Sale of Goods Act, 1930
Act: Sale of Goods Act, 1930
Classification: commercial
Jurisdiction: India
Summary: Under Section 35 of the Sale of Goods Act, 1930, the buyer of goods must apply to the seller for delivery within a reasonable time after becoming entitled to do so. This means the buyer has a responsibility to take action and request the goods from the seller in a timely manner.

Statutory Content

What does Section 35 of Sale of Goods Act, 1930 say?

Section 35 of the Sale of Goods Act, 1930, states: 'Unless otherwise agreed, the buyer of goods is bound to apply to the seller for delivery of the goods within a reasonable time after he has become entitled to do so.' This section emphasizes the buyer's obligation to apply for delivery within a reasonable time after becoming entitled to do so. The section does not specify what constitutes a reasonable time, which can depend on the circumstances of the case. In the case of Charles v. Seale, the court held that the buyer's failure to apply for delivery within a reasonable time can lead to a loss of their right to claim damages for non-delivery.

Indian StandardSection 35, Sale of Goods Act, 1930

Bluebook (21st ed.)Sale of Goods Act, 1930, § 35 (India)

Court Pleading StandardSection 35 of the Sale of Goods Act, 1930

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).

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Section Meaning & Purpose

What does Section 35 of Sale of Goods Act, 1930 mean?

Plain English Explanation

Under Section 35 of the Sale of Goods Act, 1930, the buyer of goods must apply to the seller for delivery within a reasonable time after becoming entitled to do so. This means the buyer has a responsibility to take action and request the goods from the seller in a timely manner.

Practical Interpretation

In real-life scenarios, this section means that buyers must not delay in requesting delivery of goods from sellers. If a buyer fails to do so, they may lose their right to claim damages for non-delivery. The court will consider what constitutes a reasonable time based on the specific circumstances of each case.

Core Legal Purpose

The core purpose of Section 35 is to emphasize the buyer's obligation to apply for delivery within a reasonable time after becoming entitled to do so. This provision aims to ensure that buyers take their responsibilities seriously and do not delay in requesting delivery of goods.

Key Legal Elements

•The buyer must apply to the seller for delivery.
•The buyer must do so within a reasonable time.
•Reasonableness of time is determined on a case-by-case basis.
•Failure to apply for delivery within a reasonable time may result in loss of right to claim damages.

Practical Example

Practical Example of Section 35 Sale of Goods Act, 1930

Rajesh, a buyer, purchases a car from a seller, Amit. After the sale, Rajesh fails to apply for delivery of the car within a reasonable time. As a result, Amit refuses to hand over the car, citing that Rajesh has lost his right to claim damages for non-delivery. In this scenario, Section 35 of the Sale of Goods Act, 1930, applies, emphasizing the buyer's responsibility to apply for delivery within a reasonable time.

Common Questions (FAQ)

Frequently Asked Questions about Section 35 Sale of Goods Act, 1930

Q: What is the punishment or consequence under Section 35 of Sale of Goods Act, 1930?

This section is a procedural provision and does not prescribe a penal punishment. However, failure to apply for delivery within a reasonable time may result in loss of right to claim damages for non-delivery.

Q: Does this section apply to private individuals or public entities?

This section applies to both private individuals and public entities involved in the sale of goods.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.

Common Questions about Section 35 Sale of Goods Act, 1930

What is Section 35 of Sale of Goods Act, 1930?

Section 35 of the Sale of Goods Act, 1930 (Sale of Goods Act, 1930) defines and regulates "Buyer to apply for delivery". In plain terms: Under Section 35 of the Sale of Goods Act, 1930, the buyer of goods must apply to the seller for delivery within a reasonable time after becoming entitled to do so. This means the buyer has a responsibility to take action and request the goods from the seller in a timely manner.

What are the elements of Section 35 of Sale of Goods Act, 1930?

The essential elements of Section 35 of Sale of Goods Act, 1930 are: The buyer must apply to the seller for delivery.; The buyer must do so within a reasonable time.; Reasonableness of time is determined on a case-by-case basis..

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