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Article Published in the Express Magazine Dated
August 26,
2001
General Attorney : Rajiv K. Luthra
I intend to buy a new car and need it for
immediate use. I am able to pay 50% advance on the
fixed price. The vendor agreed to hand over the
car, but ownership will pass only after payment is
completed. Is this contract valid?
Shreekanth Chakravorty, Delhi
An agreement in relation to sale and purchase of
goods is governed by the Sale of Goods Act, 1930
(the 'Act'). A contract of sale of goods is a
contract by which the seller transfers or agrees
to transfer the property to the buyer for a
certain price. The Section distinguishes between a
'sale' and an 'agreement to sell'. It defines a
'sale' as a contract of sale in which the property
is transferred from the seller to the buyer and an
'agreement to sell' as a contract where the
transfer of the property is to take place at a
future time or subject to some condition
thereafter to be fulfilled.
An essential element of a contract of sale is the
transfer of property, which is completed when the
buyer has the absolute ownership of the goods. In
a contract of sale of specific goods the property
may be transferred to the buyer at such time as
the parties to the contract intend it to be
transferred. The right of property and the right
of possession are distinct from each other. Hence
the right of possession may be in one man, while
the right of property remains in another by mutual
agreement.
In your case the agreement under the condition
that the property is to pass to you may fall under
the category of agreement to sell and it is a
valid contract. It becomes a complete sale when
the condition is fulfilled subject to which the
property in the goods is to be transferred.
I work in a textile-shop, where I have to stand
most time. I have been pregnant for seven months
and it is difficult for me to stand all day. On my
request for being allowed to sit on a chair, the
management replied, that sitting in the showroom
would give a lazy impression to the customers.
What does the law say?
R. S., Delhi
A woman employee, at the time of advanced
pregnancy cannot be compelled to undertake hard
labor work as it would be detrimental to her
health and also the health of the foetus. The
employer has to be considerate and sympathetic
towards her and must realize the physical
difficulties which a working woman would face in
performing her duties at the workplace during the
pregnancy.
As provided in the Constitution of India the State
shall make provisions for just and human
conditions of work and for maternity relief. The
Maternity Benefit Act, 1961 (the “Act”) grants
certain benefits for pregnant women. This Act
applies to every shop or establishment in which
ten or more persons are employed or were employed
on any day of the preceding twelve months.
A woman is entitled to maternity benefit if she
has actually worked in an establishment of the
employer from whom she claims maternity benefit,
for a period of not less than eighty days in the
twelve months immediately preceding the date of
her expected delivery. Under the Act a pregnant
woman on giving notice in writing to the employer
may avail of leave of absence for 6 weeks before
the date of her expected delivery.
During the period of one month immediately
preceding the period of six weeks before the date
of her expected delivery, no pregnant women shall
on her request be required by her employer to do
any work which involves long hours of standing.
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