TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Join Channel
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether an unregistered assignment deed could be relied upon for the limited purpose of substitution of the assignee in the proceedings and whether the substitution order called for interference.
Analysis: A document required to be registered under the Registration Act, 1908 may not be admissible in evidence for proving the substantive transaction, but it can still be looked into for a collateral purpose. The substitution order did not decide the validity or enforceability of the assignment deed on merits; it only enabled the assignee to come on record and contest the proceedings. The challenge to the deed's legal effect remained open for consideration before the adjudicating authority at the stage of final adjudication in the company petition.
Conclusion: The substitution based on the assignment deed was permitted to stand, and the appeal did not succeed.
Final Conclusion: The impugned order was left undisturbed, while the parties were left free to contest the assignment deed and related objections in the main proceedings.
Ratio Decidendi: An unregistered document, though inadmissible to prove the substantive transaction, may be used for a collateral purpose and for a prima facie procedural determination such as substitution, without precluding a later challenge to its validity on merits.
TaxTMI 
