Sale of Goods Act Section 18 — Goods must be ascertained

Summary

In a contract for the sale of unascertained goods, ownership of the goods does not pass to the buyer until the specific goods are identified or set apart. Until the goods are ascertained, the buyer has no property rights in them.

Official Text

Where there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained.

Related Judgments

• THE SALES TAX OFFICER, PILIBHIT vs MESSRS. BUDH PRAKASH JAI PRAKASH — Supreme Court of India (1954)
• COMMISSIONER OF SALES-TAX, EASTERN DIVISION, NAGPUR vs HUSEN ALI ADAMJI AND CO — Supreme Court of India (1959)
• RAM NARAIN MAHTO vs STATE OF MADHYA PRADESH — Supreme Court of India (1969)
• JUTE AND GUNNY BROKERS LTD vs THE UNION OF INDIA AND OTHERS.(AND CONNECTED APPEALS) — Supreme Court of India (1961)
• 17, Banaji Mansion; Banaji Street; Fort, Mumbai – 400 023 vs 1. The State of Maharashtra, } — Bombay High Court (Mumbai Principal Seat) (2015)
• THE COMMISSIONER OF INCOME-TAX, MADRAS vs MYSORE CHROMITE LIMITED — Supreme Court of India (1954)