ancillary transaction to a principal transaction or a subsidiary transaction to a main transaction. The root meaning of the word "collateral" is running ... what may be called a collateral purpose, the fulfilment of that collateral purpose would bring into existence collateral transaction, a transaction which may be said
evidence of
collateral purpose as provided in the proviso to Section 49 of the
Registration Act.
3. A collateral transaction must be independent ... used as evidence of the transaction is
pertinent (see Murdga Mudaliar 7). Thus, the transaction or
the past transactions cannot be proved by using
unregistered sale-deed could be used as evidence of a collateral transaction not required to be effected by a registered instrument; and, following Varada Pillai ... collateral purpose." It is clearly not necessary for the defendant to rely on the delivery of the property as a collateral transaction, which expression
Ajay Kumar M. Singh vs Mr. Basant Bhoruka on 18 July, 2016
Author: S.J
which is used as evidence of any collateral transaction not required to be
effected by a registered instrument.
11. What is a collateral transaction ... what
has been considered by various Courts to be a collateral transaction not
required to be effected by a registered instrument. When a document which
evidence of collateral purpose as provided in the
proviso to Section 49 of the Registration Act.
3. A collateral transaction must be independent ... collateral transaction must be a transaction not
itself required to be effected by a registered document,
that is, a transaction creating, etc. any right, title
agreement contained in Clause 35 could not be termed as a collateral
transaction, and therefore, the proviso to Section 49 of the Registration
Act would ... Registration Act enabling the instrument to
be used to establish a collateral transaction.
20. The scheme for appointment of arbitrators by the Chief Justice
Property Act 1882 (IV of 1982) or as evidence of any
collateral transaction not required to be effected by
registered instrument."
The execution ... Specific Relief Act,
1877 or as evidence of any collateral transaction not
required to be effected by registered instrument.]
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evidence of
collateral purpose as provided in the
proviso to section 49 of the Registration
Act.
3 A collateral transaction must be
independent ... collateral transaction must be a
transaction not itself required to be
effected by a registered document, that is,
a transaction creating, etc. any right, title
Relief Act, 1877 (1 of 1877) or as evidence of any collateral transaction not required to be effected by registered instrument.]"
13. The words ... employed in Sec. 49 "or as evidence of any collateral transaction not required to be effected by registered instrument" would clearly show that
