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TMI Blog1970 (3) TMI 105X X X X Extracts X X X X X X X X Extracts X X X X ..... e severed under the contract of sale. The timber was therefore "goods" within the meaning of section 2(7) of the Sale of Goods Act and the expression "sale of goods" in the Constitution in entry 54 in List II having the same meaning as that expression has in the Sale of Goods Act, sale of timber agreed to be severed under the terms of the contract may be regarded as sale of goods. - Review Peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5 of 1967 with retrospective operation, and by the amendment standing timber was included in the definition of timber, but counsel for the State failed to invite the attention of the court to that Act. Since the judgment of this court it is claimed suffers from an error apparent from the face of the record, we have granted review of judgment. The expression "goods" was defined in section 2(13) o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Gannon Dunkerley Co. (Madras) Ltd. [1959] S.C.R. 379; 9 S.T.C. 353 (S.C.)., observed that the expression "sale of goods" was, at the time when the Government of India Act, 1935, was enacted, a term of well- recognised legal import in the general law relating to sale of goods and in the legislative practice relating to that topic and must be interpreted in entry 48 in List II in Schedule VII of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he meaning of the expression "goods". But the definition of "goods" in the Sale of Goods Act, 1930, as meaning "every kind of movable property other than actionable claims and money; and includes stock and shares, growing crops, grass, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale". Standing timber may ordinarily not be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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