informed that after due notice and procedures, they have sold the Collateral property for Rs.8 lakhs through public auction sale and hence, they were ... sanctioned for the firm on 20.06.1988. The petitioner offered his land as collateral security. The partners executed hypothecation deed and other documents, thereby, hypothecating
Judicial decisions have however held that if a matter was only "collaterally or incidentally" in issue and decided in an earlier proceeding ... rule is that a judgment is not conclusive if any matter came collaterally in question. A collateral or incidental issue is one that is ancillary
from the defendants 1 and 2, I.O.B, that as a collateral security for the debt of 4th defendant, Jayalakshmi Ammal's three ... between plaintiffs and other heirs to prevent the Bank from enforcing the collateral security. Therefore, the second appeal may be dismissed.
6. The defendants
Appellants contended that unregistered partition deed can be looked into for collateral purpose of finding whether there was division in status ... arrangement is stamped but not registered, it can be looked into for collateral purposes.
(VIII)Whether the purpose is a collateral purpose, is a question
mother and sister-in-law of the assessee being provided as under collateral security to the said companies, so as to enable them to obtain ... assessee's relatives, namely, mother and sister-in-law, provided collateral security for these concerns for the purpose of availing of credit facilities from
When Ex.A5 Sale deed can be looked into for collateral purposes, whether the Courts below are justified in law in rejecting the same ... looked into to prove possession of the said property, which is a collateral purpose. Further more, it was insisted by her that the plaintiff held
contract in a suit for specific performance or as evidence of a collateral transaction not required to be effected by a registered instrument. Admittedly ... other hand, Ex.A1 has been produced only for a collateral purpose, namely to prove loan transaction between the respondent herein/plaintiff
learned counsel for the plaintiff, they can be looked into for the collateral purpose viz. For showing the nature of possession of the plaintiff. According ... contention that the above said documents can be looked into for the collateral purpose of proving the nature of possession, the learned counsel
this court held that an unstamped document cannot be received even for collateral purpose and therefore, the court below erred in permitting the respondent ... reason as to how the document would be admissible for collateral purposes."
9. In the judgment reported
unregistered document, it can be received in evidence for proving the collateral purpose. He would also submit that if the said document is admitted ... lease deed can be produced and received in evidence for proving the collateral purpose under Section 49 of the Registration Act. He would also rely