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Report No. 61

2.30. The meaning of "sale" laid dawn in Simpson v. Conolly.-

A modern judicial expression of the prima facie meaning of "sale" is to be found in Simpson v. Conolly, Simpson v. Conolly, (1953) 2 All ER 474 (477) (Finnemore, J.).1It was held in that case that an agreement to extinguish an existing debt if land is transferred, is not a "sale" of land. The Court observed:

"But the general principle of English law is that a sale means the exchanging of property for money. That applies-and I think both counsel agree with this- to a sale of land and sale of chattels equally." Such is the primary meaning of the word "sale".

1. (The Edited 8th Edn. of Benjamin on Sales).

Certain Problems connected with Powers of the States to Levy a Tax on the Sale of Goods and with the Central Sales Tax Act, 1956 Back

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