Insolvency provisions under the Sale of Goods Act, 1930 (Bare Act):
SALE OF GOODS ACT, 1930 [3 of 1930]
Section 1: Short title, extent and commencement.
1. (1) This Act may be called the Sale of Goods Act, 1930.
(2) It extends to the whole of India except [the State of Jammu and Kashmir].
(3) It shall come into force on the first day of July, 1930.
Section 2: Definitions.
2. In this Act, unless there is anything repugnant in the subject or context,—
(8) a person is said to be “insolvent” who has ceased to pay his debts in the ordinary course of business, or cannot pay his debts as they become due, whether he has committed an act of insolvency or not ;
CHAPTER V – RIGHTS OF UNPAID SELLER AGAINST THE GOODS
Section 46: Unpaid seller’s rights.
46. (1) Subject to the provisions of this Act and of any law for the time being in force, notwithstanding that the property in the goods may have passed to the buyer, the unpaid seller of goods, as such, has by implication of law—
(a) a lien on the goods for the price while he is in possession of them;
(b) in case of the insolvency of the buyer a right of stopping the goods in transit after he has parted with the possession of them;
(c) a right of re-sale as limited by this Act.
(2) Where the property in goods has not passed to the buyer, the unpaid seller has, in addition to his other remedies, right of withholding delivery similar to and co-extensive with his rights of lien and stoppage in transit where the property has passed to the buyer.
Section 47: Seller’s lien.
47. (1) Subject to the provisions of this Act, the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or tender of the price in the following cases, namely:—
(a) where the goods have been sold without any stipulation as to credit;
(b) where the goods have been sold on credit, but the term of credit has expired;
(c) where the buyer becomes insolvent.
(2) The seller may exercise his right of lien notwithstanding that he is in possession of the goods as agent or bailee for the buyer.
Section 50: Right of stoppage in transit.
50. Subject to the provisions of this Act, when the buyer of goods becomes insolvent, the unpaid seller who has parted with the possession of the goods has the right of stopping them in transit, that is to say, he may resume possession of the goods as long as they are in the course of transit, and may retain them until payment or tender of the price.
Section 66: Savings.
66. (1) ………
(2) The rules of insolvency relating to contracts for the sale of goods shall continue to apply thereto, notwithstanding anything contained in this Act.
-See other allied laws of Insolvency and Bankruptcy Code, 2016.
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