Can a seller sell goods with condition that they will not be sold further for 5 years?
Querist :
Anonymous
(Querist) 19 August 2011
This query is : Resolved
Indian Ordnance Factories sells its pistols to arms license holders as regulated under Arms Act 1959. At the time of sale of pistols to arms license holders, IOF puts a stamp on arms license that the pistol sold by them cannot be re-sold by arms license holder for 5 years commencing from the date of sale.
Questions:
1) Since sale/resale/transfer etc. of firearms is regulated under the provisions of Arms Act 1959, does this act of stamping a condition for resale on license by manufacturer have any legal force? Does IOF have any right to override the provisions for resale of arms as provisioned under Section 5(2) of Arms Act 1959?
2) Regardless of this IOF stamp on license, is it legal to sell such firearm after giving 45 day notice as per Section 5(2) of Arms Act 1959? As per Section 5(2) of Arms Act 1959, arms license holder can sell his arms after completion of 45 days notice period given to the District Magistrate or Officer Incharge Police Station. The 45 day notice period form can be read at http://www.abhijeetsingh.com/arms/india/laws/forms/45-days_sale_notice.pdf
Advocate Rajkumarlaxman
(Expert) 19 August 2011
No one is above law. i will get back to you with details at earliest.
Querist :
Anonymous
(Querist) 22 August 2011
Thank you Sir for your time and effort.
