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Vasudeva Menon vs M/S. K.J.Plantation

In Rajan and Another v. Soman and Others (2010 (4) KHC 927) the learned Single Judge of this Court held that to attract Sec.53 (2) of the Transfer of Property Act the transfer must be without consideration and with intention to defraud subsequent transferee and transaction is only voidable not void. It was further held that the transaction to be voidable must be intended so by instituting a suit and all ingredients of Sec.53 (2) must be pleaded and proved. The Court held as follows:
Kerala High Court Cites 80 - Cited by 0 - M L Francis - Full Document

R.Chandramohan Nair vs The State Of Kerala on 27 February, 2013

In this context, we will refer to the decision of a learned Single Judge of this Court in Rajan and another v. Soman and others (2010 (4) KHC 927). In respect of a transaction to attract Section 53(2) of the Transfer of Property Act, it was held that the transaction is only voidable but not void and it has to be made voidable by instituting a suit. It was also held that all ingredients of Section 53(2) must be pleaded and proved. The relevant principles are discussed in paragraph 9 of the judgment which we extract below:
Kerala High Court Cites 102 - Cited by 0 - T R Nair - Full Document

R.Chandramohan Nair vs The State Of Kerala on 27 February, 2013

In this context, we will refer to the decision of a learned Single Judge of this Court in Rajan and another v. Soman and others (2010 (4) KHC 927). In respect of a transaction to attract Section 53(2) of the Transfer of Property Act, it was held that the transaction is only voidable but not void and it has to be made voidable by instituting a suit. It was also held that all ingredients of Section 53(2) must be pleaded and proved. The relevant principles are discussed in paragraph 9 of the judgment which we extract below:
Kerala High Court Cites 102 - Cited by 4 - T R Nair - Full Document
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