parties, in
which controversies he does not figure, but occasion may
arise collaterally where the matter may be between the Judge
and the fundamental rights ... impugned order is, in a sense, an order of a collateral
nature; it has no direct relation with the decision of the
dispute which
Wager-Collateral contract-Agreement of Partnership to enter
into wagering transactions-Legality-Indian Contract Act,
1872 (9 of 1872), ss. 23, 30.
HEADNOTE:
The question ... Contract Act, it was not forbidden by law
and an agreement collateral to such a contract was not
unlawful within the meaning
respondents Sarwan Singh and three others claimed to be the collaterals of the deceased and his nearest heirs. Soon after the death of Jati ... prayed for possession basing their claim on their title as the nearest collaterals of the deceased Jati. In this plaint the respondents pleaded that Isher
widow in possession as full
owner-Life estate by subsequent agreement with collaterals-
Agreement not registered-If admissible in evidence-lndian
Registration ... daughter K
949
gave rise to disputes between them and the collaterals but
the matter was settled on H executing a document on February
Punjab-Sister inheriting
brother's property in Preference to collaterals- Indian
Evidence Act, 1872 (1 of 1872), s. 57(1).
HEADNOTE:
The question involved ... respect of her brother's self-acquired property, to a
collateral. The respondent, the sister, relied on a custom,
which she termed a special
from a male ancestor and in the case of a
claim by collaterals, from a male ancestor common to him and
the claimants ... descendants or, in the case of a
sonless proprietor, of his male collaterals. Provided that
the proprietor can alienate ancestral immoveable property at
pleasure
transgression of constitutional limits
nor to any error relating to a collateral fact. The error which is
complained of, assuming it to be an error ... jurisdiction or wrongly assumes
jurisdiction by committing an error as to a collateral fact and the
resultant action threatens or violates a fundamental right
question that the arbitration clause which, whether a
substantive or a collateral term, was nevertheless an
integral part of the said contracts, must be deemed ... original contract. Whether the
said clause was a substantive term or a collateral one, it
was none the less an integral part of the contract
property by descendants of C's brother who as
collaterals claimed to be next reversioners to the property.
The plaintiff in one of these ... Chunnilal. The plaintiff who is the
appellant before us is thus a collateral of Kanhaiyalal. It
is not disputed that he and his brothers were
could
not give himself jurisdiction to do so by deciding a
collateral fact wrongly. 'the petitions are, therefore, not
incompetent under the principle laid ... jurisdiction or wrongly assumes jurisdiction by
committing an error as to a collateral fact and the
resultant action threatens or violates a fundamental right