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
stamped and is not
registered and is inadmissible in evidence even for collateral purpose. So, it is
in the interests of justice to exclude ... endorsement there as to having received it only as evidence for
collateral purpose under the proviso to Section 49 of Act.
Admittedly, in this case
precedent or upon existence of some particular fact. Such a fact is collateral to the actual matter which the tribunal ... made to its jurisdiction, the tribunal has to consider as the collateral fact whether it would act or not and for that purpose to arrive
evidence of any
collateral transaction not required to be
effected by registered
instrument.(emphasis supplied)
The provisos to both these Sections have a fundamental
impact ... proviso says that document can be received as evidence of
any collateral transaction not required to be effected by a
registered instrument. (emphasis supplied
claim for specific performance, and (b) as evidence
of any collateral transaction which does not require
registration."
10. A reading of the above would ... disputes
between the parties can be answered by looking at the collateral terms
of the Lease Deed, the arbitration cannot be said
ACPL would be provided jewelleries worth Rs. 70 lakhs approx. as collateral security, pending export to M/s. Ekta Jewellery LLC, Dubai after permission from ... measure of security, handed over 14 boxes of jewellery as collateral apart from the already existing collateral which was in the form of post dated
evidence in view of Section 49 of the Registration Act, except for collateral purpose of ascertaining the nature of possession of the defendant. In support ... registered in the matter prescribed could be read in evidence of any collateral transaction not required to be effected by registered instrument. Section
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title documents deposited with them by the writ
petitioner as collateral security for loan availed by the
writ petitioner for purchase of said machineries ... under
the HP agreement. To be noted, this is a collateral
security besides hypotheca under the said HP
agreement.
5.To be noted, intriguingly
paid by respondent no. 1 (JPIL) on
30.08.2011 was not as Cash Collateral but ought to be adjusted from
the loan. And, the second relates ... RTGS. SEIL claims that the said amount was paid as a Cash
Collateral carrying an interest at the rate of 9% per annum; however,
JPIL
respondents
submitted that unregistered sale deeds cannot be marked for
collateral purpose. He further submitted that the respondents are
not placing reliance on the above ... that an unregistered document
can be received in evidence for collateral purpose. As seen from
the written statement, the respondents/defendants are intending
to place
