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1 - 7 of 7 (0.28 seconds)Alamelu Ammal vs Chinnaswamy Reddiar on 2 December, 1988
20.The arguments of the learned counsel for the 1st respondent
that the question of fraudulent transfer cannot be considered in
execution proceedings cannot be sustained in the light of the Judgment
of this Court reported in Alamelu Ammal v. Chinnaswamy Reddiar
[CDJ 1988 MHC 161], where the learned Judge of this Court relying
upon the Judgment of the Hon'ble Supreme Court reported in C.Abdul
Shukoor Saheb vs Arji Papa Rao and others [AIR 1963 SC 1150]
and the earlier Judgment of this Court reported in Ramaswami
Chettiar v. Mallappa Reddiar [1920 AIR (Mad) 748] has held that a
transaction which is voidable under Section 53(2) of the Act can be
avoided not only by filing a suit but also be raised as a defence to the
proceedings under Order 21 Rule 58 read with Section 151 of the Code
of Civil Procedure.
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Section 100 in The Code of Civil Procedure, 1908 [Entire Act]
N.N.L. Ramaswami Chettiar vs Mallappa Reddiar on 29 April, 1920
20.The arguments of the learned counsel for the 1st respondent
that the question of fraudulent transfer cannot be considered in
execution proceedings cannot be sustained in the light of the Judgment
of this Court reported in Alamelu Ammal v. Chinnaswamy Reddiar
[CDJ 1988 MHC 161], where the learned Judge of this Court relying
upon the Judgment of the Hon'ble Supreme Court reported in C.Abdul
Shukoor Saheb vs Arji Papa Rao and others [AIR 1963 SC 1150]
and the earlier Judgment of this Court reported in Ramaswami
Chettiar v. Mallappa Reddiar [1920 AIR (Mad) 748] has held that a
transaction which is voidable under Section 53(2) of the Act can be
avoided not only by filing a suit but also be raised as a defence to the
proceedings under Order 21 Rule 58 read with Section 151 of the Code
of Civil Procedure.
The President, Srirangam Co-Operative ... vs The Presiding Officer, Labour Court And ... on 15 March, 1996
(1)Alamelu Ammal v. Chinnaswamy Reddiar
[CDJ 1988 MHC 161]
(2)Thulukamuthur Primary Agricultural Co-operative
Society rep. By its President v. T.K.Natarajan and another
[CDJ 2017 MHC 5861]
and
(3)K.Thirumalaivadivu v. S.Rajasekaran and another
[CDJ 2022 MHC 169].
C. Abdul Shukoor Saheb vs Arji Papa Rao And Others on 14 November, 1962
20.The arguments of the learned counsel for the 1st respondent
that the question of fraudulent transfer cannot be considered in
execution proceedings cannot be sustained in the light of the Judgment
of this Court reported in Alamelu Ammal v. Chinnaswamy Reddiar
[CDJ 1988 MHC 161], where the learned Judge of this Court relying
upon the Judgment of the Hon'ble Supreme Court reported in C.Abdul
Shukoor Saheb vs Arji Papa Rao and others [AIR 1963 SC 1150]
and the earlier Judgment of this Court reported in Ramaswami
Chettiar v. Mallappa Reddiar [1920 AIR (Mad) 748] has held that a
transaction which is voidable under Section 53(2) of the Act can be
avoided not only by filing a suit but also be raised as a defence to the
proceedings under Order 21 Rule 58 read with Section 151 of the Code
of Civil Procedure.
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