unregistered document can also be
admitted into evidence for a collateral
fact/collateral purpose, let us now look at
the meaning of "collateral purpose ... property, but it may be admitted
as evidence of collateral facts,
or for any collateral purpose,
that is for any purpose other than
that
document. But by the simple devise of calling it "collateral purpose", a party cannot use the unregistered document in any legal proceedings ... portion.
27. Courts have interpreted the terms any purpose as for each and every purpose including collateral purposes or in other words such document
action taken. If the action is
maliciously taken or for a collateral purpose it is liable
to be struck down. But where the power ... inference that the search and seizure were for
a collateral purpose. On the contrary, the books of account
and the documents in respect of other
which was inadmissible in evidence could have been used for
any collateral purpose. In a suit for partition, an
unregistered document can be relied upon ... collateral
purpose i.e. severancy of title, nature of possession of
10
various shares but not for the primary purpose i.e. division
of joint
prove a collateral transaction, but it was right in saying that the terms of lease was not a collateral purpose. The manner in which ... prove the collateral transaction. Now the question which arises for consideration is what is a collateral transaction or a collateral purpose and to what extent
document could be looked into as evidence for collateral transactions or for a collateral purpose. Examining the facts of this case in that perspective ... speak even for a collateral purpose. The purpose of marking the document, whether main purpose or collateral purpose will have to be decided
understanding the
purport of the phrases 'collateral transaction' and 'collateral purpose'.
The spate of precedents on the above aspects for almost ... Court
has considered the true meaning and purport of "collateral fact/collateral
purpose" with reference to the decided case law. The question that
registrable but an unregistered document is admissible in evidence for a collateral purpose that is to say, for any purpose other than that of creating ... limiting or extinguishing a right to immovable property.
The expression "collateral purpose" is no doubt
a very vague one and the Court must
cannot be admitted in evidence even for the collateral purpose of finding out the character of the possession of the properties allotted to the shares ... collateral purpose is any purpose other than that of creating, declaring, assigning, limiting or extinguishing a right to immovable property. Therefore a collateral transaction within
admissible only for the collateral transaction evidenced by the document itself and not for any collateral purpose other than the transaction. In our opinion ... document admissible for a collateral transaction the proviso cannot be said to be making it inadmissible for a collateral purpose. In Ram Laxmi Ranchhodlal
