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Section 90: Sections 76 to 123 [Repealed by the Indian Sale of Goods Act, 1930]

Indian Contract Act • Official Statutory Text & Practice Guide

Statutory Regulation
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Competent Court / Tribunal
Act 1872
Section 89 All 266 Sections of Indian Contract Act Section 91

Legal Commentary & Landmark Judgments: Section 90

Section 90 of the Indian Contract Act, 1872 originally governed how delivery of goods is made, defining actual, symbolic, and constructive delivery; repealed by Act 3 of 1930 and succeeded by Section 2(2) and Section 33 of the Sale of Goods Act, 1930.

  • Statutory Essence of Delivery: Defined delivery as any act having the effect of putting goods in the possession of the buyer, or of any person authorized to hold them on his behalf.
  • Tripartite Modes: Actual, Symbolic, and Constructive: Recognized three legal modes of delivery: (1) physical handover of goods (actual); (2) handover of means of access, such as warehouse keys or documents of title (symbolic); and (3) third-party attornment (constructive delivery).
  • Legislative Repeal and Modern Succession (Act 3 of 1930): Repealed by Act 3 of 1930; incorporated into Section 2(2) (definition of delivery as voluntary transfer of possession) and Section 33 of the Sale of Goods Act, 1930.
Key Landmark Precedents:
  • State of A.P. v. National Thermal Power Corpn. Ltd. (2002) 5 SCC 203: A 5-Judge Constitution Bench analyzed the statutory concept of delivery under Section 90 Contract Act and Section 33 SGA, holding that delivery occurs the moment energy or goods are placed at the disposal and custody of the purchaser.
  • B.R. Herman & Mohatta v. Asiatic Steam Navigation Co. AIR 1941 Sind 146: Held that endorsement of a bill of lading or delivery order operates as symbolic and constructive delivery under Section 33 SGA (succeeding Section 90), transferring effective legal possession.
Courtroom Practice & Strategic Litigation Guidance:

In bonded warehouse cargo, maritime shipments, and bulk inventory financing, establish constructive delivery under Section 33 SGA (succeeding Section 90) by obtaining a formal written attornment letter from the warehouseman confirming that goods are held on behalf of your client. This proves transfer of possession without needing physical relocation.

Section 89 All 266 Sections of Indian Contract Act Section 91