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Chennai Court February 2017 Judgments

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Feb 01 2017

The Assistant Director, Directorate of Enforcement, Govt. of India, Mi ...

Court: Chennai

Decided on: Feb-01-2017

(Prayer: This Revision is filed under Section 379 r/w 401 of Criminal Procedure Code, against the order, dated 18th May 2015 passed in Crl.M.P.No.1271 of 2014 in C.C.No.168 of 2001 of the Additional Chief Metropolitan Magistrate (Economic Offences Court No.I), Egmore, Chennai 600 008.) 1. This petition is directed against the order passed in Crl.M.P.No.1271 of 2014 in C.C.No.168 of 2001 on the file of the Additional Chief Metropolitan Magistrate (Economic Offences Court No.I), Egmore, Chennai, dated 18.05.2015 discharging the respondent from the case. 2. The facts leading to the case are as follows:- The petitioner/complainant preferred a complaint under Sections 8(1) of the Foreign Exchange Regulation Act 1973, punishable under Section 56(1)(i) of the said Act r/w Sub Section 3(3) and (4) of Section 49 of the Foreign Exchange Management Act, 1999 before the Additional Chief Metropolitan Magistrate (E.O.I), Egmore, Madras-8 stating that the accused had acquired foreign exchange without...


Feb 01 2017

U. Ram Babu and Another Vs. M/s. De Great Agro Farm Private Ltd., Rep. ...

Court: Chennai

Decided on: Feb-01-2017

(Prayer: Civil Suit filed under Order IV Rule 1 of Original Side Rules 1956 read with Order VII Rule 1 CPC praying for the following judgment and decree against the defendant. a) Directing the defendants 1 to 4 to pay jointly and severally to the plaintiffs a total sum of Rs.36,42,000/- (Rs.thirty six lakhs and forty two thousand only) together with interest at therate of 12% per annum from 18.03.2011 for the said Principal amount of Rs.36,00,000/- (Rupees Thirty six Lakhs Only) till realization and b) costs of the suit.) 1. The suit is filed for recovery of a sum of Rs.36,42,000/- along with interest at the rate of 12% per annum on the sum of Rs.36,00,000/- from the date of plaint till the date of realization and for costs. 2. The brief facts of the case of the plaintiffs are as follows: The second defendant is the Managing Director of the first defendant. The third defendant is the wife of the second defendant and the fourth defendant is the brother of the second defendant. The defen...


Feb 01 2017

The Assistant Director, Directorate of Enforcement, Govt. of India, Mi ...

Court: Chennai

Decided on: Feb-01-2017

(Prayer: This Revision is filed under Section 379 r/w 401 of Criminal Procedure Code, against the order, dated 18th May 2015 passed in Crl.M.P.No.524 of 2014 in E.O.C.C.No.84 of 2001 of the Additional Chief Metropolitan Magistrate (Economic Offences Court No.II), Egmore, Chennai 600 008.) 1. This petition is directed against the order passed in Crl.M.P.No.524 of 2014 in E.O.C.C.No.84 of 2001 on the file of the Additional Chief Metropolitan Magistrate (Economic Offences Court No.II), Egmore, Chennai, dated 18.05.2015 discharging the respondent from the case. 2. The facts leading to the case are as follows:- The petitioner/complainant preferred a complaint under Sections 8(1) and 9(1)(a) of the Foreign Exchange Regulation Act 1973, punishable under Section 56(1)(i) of the said Act r/w Sub Section 3(3) and (4) of Section 49 of the Foreign Exchange Management Act, 1999 before the Additional Chief Metropolitan Magistrate (E.O.II), Egmore, Madras-8 stating that the accused had acquired forei...


Feb 01 2017

Ameena Ali Akbar Vs. B. Ali Akbar

Court: Chennai

Decided on: Feb-01-2017

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to struck off I.A.No.1347 of 2015 filed under Order 7 Rule 11 of CPC seeking to reject the plaint filed in a matrimonial suit bearing O.S.No.143 of 2014, pending on the file of the learned II Additional Judge, Family Court, Chennai and to consequently direct the said Court to hear and dispose of the suit. 1. The revision is filed by the wife in a matrimonial dispute. 2. The facts leading to filing of this revision petition would run thus: (a) The revision petitioner, who is the wife, has filed the suit in O.S.No.143 of 2014 before the II Additional Family Court, to declare herself as a wife of the respondent/defendant-husband as per Islamic Shariate matrimonial law and for directing the defendant to restitute the conjugal rights with the plaintiff and for other reliefs. (ii) The respondent/defendant-husband has filed the written statement. The defendant had also filed I.A.No.1347 of 2015 under Order 7...


Feb 01 2017

Bank of Baroda, Corporate Financial Services Branch Vs. R. Subramanian ...

Court: Chennai

Decided on: Feb-01-2017

(Prayer: Application filed under Order XIV Rule 8 of Madras High Court Original Side Rules read with Order VII Rule 11 (C) of the Civil Procedure Code 1908 to reject the plaint in C.S.No.693 of 2011.) 1. The 1st defendant in C.S.No.693 of 2011 has taken out this application seeking to reject the plaint in the above suit. 2. The case of the applicant/original 1st defendant Bank is that it has advanced a loan to M/s. Subhiksha Trading Services Ltd (In short "STSL"), the second respondent herein. The 1st respondent/ original plaintiff is a Guarantor to the applicant Bank in respect of dues payable by the STSL. As there was a default in paying the loan amount, the applicant/original 1st defendant Bank has filed an application in O.A.No.178 of 2011 before the Debts Recovery Tribunal -I (DRT), Chennai for recovery of a sum of Rs.88,16,33,236.28/-. The 1st respondent/ original plaintiff has also filed a written statement before the DRT contending that the said guarantee is unenforceable. Besi...


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