63. Reasonable time a question of fact. Where in this Act any reference is made to a reasonable time, the question what is a  reasonable time is a question of fact. 

64. Auction sale.  In the case of a sale by auction - 

(1) where goods are put up for sale in lots, each lot is prima facie deemed to be the subject of a separate contract of sale; 

(2) the sale is complete when the auctioneer announces its completion by the fail of the hammer or in other customary manner; and, until  such announcement is made, any bidder may retract his bid; 

(3) a right to bid may be reserved expressly by or on behalf of the seller and, where such right is expressly so reserved, but not  otherwise, the seller or any one person on his behalf may, subject to the provisions hereinafter contained, bid at the auction; 

(4) where the sale is not notified to be subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid  himself or to employ any parson to bid at such sale, or for the auctioneer knowingly to take any bid from the seller or any such  person; and any sale contravening this rule may be treated as fraudulent by the buyer; 

(5) the sale may be notified to be subject to a reserved or upset price; 

(6) if the seller makes use of pretended bidding to raise the price, the sale is voidable at the option of the buyer. 

¹²[64-A. In contracts of sale amount of increased or decreased duty to be added or deducted. - In the event of any duty of customs or excise  ¹³[or tax] on any goods being imposed, increased, decreased or remitted after the making of any contract for the sale of such goods  without stipulation ¹⁴[as to the payment of duty or tax where duty or tax] was not chargeable at the time of the making of the contract, or  for the sale of such goods ¹⁵[duty paid or tax paid where duty or tax]  was chargeable at that time,

(a) if such imposition or increase so takes effect that 16[the duty or tax or increased duty or tax] as the case may be, or any part thereof,  is paid, the seller may add so much to the contract price as will be equivalent to the amount paid ¹⁷[in respect of such duty or tax or  increase of duty or tax] and he shall be entitled to be paid and to sue for and recover such addition, and 

12. S.64-A ins. by the Indian Sale of Goods (Amendment) Act, 1940 (41 of 1940), S.2.
13. Ins. by the Sale of Goods (Amdt.) Act, 1956 (5 of 1956), S.2 (with effect from the 11th April, 1956).
14. Subs. ibid. (with effect from the 11th April, 1956) for "as to the payment of duty where duty".
15. Subs. by the Sale of Goods (Amendment) Act, 1956), S.2 (with effect from the 11th April, 1956), for "duty paid where duty".
16. Subs. by the Sale of Goods (Amendment) Act, 1956 (5 of 1956) (with effect from the 11th April, 1956), for "the duty  or increased duty". 

(b) if such decrease or remission so takes effect that the decreased duty 18[or tax] only or no duty 19[or tax], as the case may be, is  paid, the buyer may deduct so much from the contract price as will be equivalent to the decrease of duty 20[or tax] or remitted duty 21[or  tax], and he shall not be liable to pay, or be sued for or in respect of, such deduction.] 

²²[Explanation.---The word "tax" in this section means the tax payable  under the Sales Tax Act, 1951].

65. [Repeal].---Rep. by the Repealing Act, 1938 (I of 1938), S.2. and  Schedule.

66. Savings.---(1) Nothing in this Act or in any repeal effected  thereby shall affect or be deemed to affect--- 

(a) any right, title, interest, obligation or liability already  acquired, accrued or incurred before the commencement of this Act, or 

(b) any legal proceedings or remedy in respect of any such right, title, interest, obligation or liability, or 

(c) anything done or suffered before the commencement of this Act, or 

(d) any enactment relating to the sale of goods which is not expressly repealed by this Act, or 

(e) any rule of law not inconsistent with this Act. 

(2) The rules of insolvency relating to contracts of sale do not apply to any transaction in the form of a contract of sale which is intended  to operate by way of mortgage, pledge, charge or other security. 

17. Subs. by the Sale of Goods (Amendment) Act, 1956 (5 of 1956), (with effect from the 11th April, 1956), for "in respect of such duty  or increase of duty".
18. Ins. ibid. (with effect for the 11th April, 1956).
19. Ins. ibid. (with effect for the 11th April, 1956).
20. Ins. ibid. (with effect for the 11th April, 1956).
21. Ins. ibid. (with effect for the 11th April, 1956).
22. Explanation added ibid. (with effect from the 11th April, 1956). 

entries relating to firms are to be made therein, and the mode in  which such entries are to be amended or notes made therein. 

(d) regulating the procedure of the Registrar when disputes arise; 

(e) regulating the filing of documents received by the Registrar; 

(f)prescribing conditions for the inspection of original documents; 

(g) regulating the grant of copies; 

(h) regulating the elimination of registers and documents; 

(i) providing for the maintenance and form of an index to the Register of Firms; and 

(j) generally, to carry out the purposes of this Chapter. 

(3) All rules made under this section shall be subject to the  conditions of previous publications: 

19[Provided further that the fees payable for any service desired on the same day on which an application for the same is made may be  double the aforesaid maximum fees.]

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