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Section 84: Sections 76 to 123 [Repealed by the Indian Sale of Goods Act, 1930]

Indian Contract Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1872
Section 83 All 266 Sections of Indian Contract Act Section 85

Legal Commentary & Landmark Judgments: Section 84

Section 84 of the Indian Contract Act, 1872 originally governed the transfer of ownership of severed parts of things sold, establishing that property passes in the severed and appropriated portion without waiting for the remainder; repealed by Act 3 of 1930 and succeeded by Section 23 of the Sale of Goods Act, 1930.

  • Severance of Part of Contract Goods: Applied where a contract called for the delivery of goods to be severed from a larger mass in successive stages or portions.
  • Independent Transfer of Title in Severed Portions: Property passed in each severed and appropriated portion as soon as it was separated and earmarked, without waiting for the completion or severance of the balance.
  • Legislative Repeal and Modern Succession (Act 3 of 1930): Repealed by Act 3 of 1930; subsumed under the general rules of appropriation and delivery by instalments under Sections 23 and 38 of the Sale of Goods Act, 1930.
Key Landmark Precedents:
  • Aldridge v. Johnson (1857) 7 E&B 885: Foundational common law authority codified in Section 84: 200 quarters of barley out of a larger bulk; as each sack was filled and severed from the heap, property passed in the filled sacks, but not in the unsevered barley.
  • State of Gujarat v. Variety Degreasing Co. (1983) 1 SCC 214: The Supreme Court recognized that severance and physical appropriation of distinct lots transfers property in the severed lots under statutory sale of goods principles.
Courtroom Practice & Strategic Litigation Guidance:

In phased manufacturing, mining extractions, or agricultural supply contracts, draft separate milestone acceptance certificates for each severed consignment. Under Section 23 SGA (succeeding Section 84), treat each severed and accepted portion as an executed sale, enabling separate invoicing and insulation against counterparty insolvency.

Section 83 All 266 Sections of Indian Contract Act Section 85