धारा 11

Section 11 of the Sale of Goods Act, 1930, states that unless a different intention appears from the terms of the contract, stipulations as to time of payment are not of the essence of a contract of sale. This means that if the buyer fails to pay the price at the stipulated time, the seller is not entitled to terminate the contract unless the stipulation as to time is of the essence of the contract. The section further provides that whether any stipulation is of the essence of the contract or not depends on the terms of the contract. In the case of fixed price contracts, time is usually considered to be of the essence. The Supreme Court of India has held that the question of whether time is of the essence of a contract is a question of fact that depends on the terms of the contract and the circumstances of the case (Hind Construction Contractors v. State of Maharashtra, (1979) 2 SCC 70).