28 May 2015
Petites Annonces Gratuite
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Friday, 22 May 2015 14:00

Client has to pay damages to attorney

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For having accused his Attorney of having bypassed his instruction, a client has to pay damages to the tune of Rs 25,000 to the latter. It is the ruling delivered by Justice Rehana Mungly-Gulbul last week.
Magistrate P. Sewpal sitting at the Intermediate Court Civil Division has a couple of days ago non-suited with no order as to costs the Plaint with Summons in tort lodged by the former Chief Executive Officer (CEO) of Riviere Noire District Council, Soondren Karupudayan, claiming damages for the sum of Rs 500,000 against Emirates to enable the plaintiff to lodge a new Plaint with Summons against the defendant company.
Jean-Mée Desveaux, former special adviser to Ex-Deputy Prime Minister, Paul Raymond Bérenger, has lost his case for damages against Neron Publications Co. Ltd, the publisher of Le Quotidien newspaper.
Justice Prithiviraj Fekna sitting at the Assizes court has last week sentences Marie Ange Madaram to 13 year penal servitude after she was found guilty for having inflicted mortal wounds and blows to her husband Louis Lindsay James Madaram without intention to kill.
Emtel Limited has been ordered by the Appeal Court to remove the structures which it has put up at the premises found at No 15 A Labourdonnais Street, Port Louis without having obtained the relevant Permit in that connection, namely:  (a) the 6 meter high telecommunication tower; (b) the room at an extent of 8 square metres at the third floor of the building; and (c) the diesel generator or any other generator with which it may have been replaced. The appeal is dismissed with costs.
The Director of Public Prosecutions (DPP) has lost in a case of rape which was dismissed by the trial Court. The appeal Bench consisting of Justices Asraf Caunhye and  G. Jugessur-Manna has rejected  the appeal lodged by the DPP contesting the  judgment of the Intermediate Court dismissing the charge of rape against  the respondent, Prakash Choonya.
Magistrate Anjalee Devi Ramdin, vice-President of the Intermediate Court, in a judgment delivered last week has found the four accused parties Notary Public Vinay Deelchand, Sandeep Appadoo, Mahendra Chooneea and Dharmanandan Sambon guilty with the offence of conspiracy in breach of Section 109 (1) of the Criminal Code (Supplementary) Act.
The Managing Director of Harel Technologies Ltd (HMT), Mario Alain Chung Ching Ah Sue lost his case for damages against the State of Mauritius for arbitrary arrest and detention by the police in 2005.
The absence of a defendant in Court does not justify that it must deliver judgment in favour of the plaintiff. In a judgment delivered last week, Magistrate Sheila Bonomally, sitting at the Intermediate Court Civil Division, has refused to award judgment in term of the reclamation of Gray Incorporation Ltd against Little Buddah Ltd for the sum of Rs 178,488 for goods sold and delivered as at 13 September 2013 by the plaintiff to the defendant together with interests and Attorney’s commission plus VAT thereon.
The appeal Court constituted of the Senior Puisne Judge, Eddy Balancy and Justice A.R. Hajee Abdoula, has upheld the judgment of justice Ashraf Caunhye not to forbid the Sale by Levy of an immoveable property to the extent of 1 arpent and 6 perches situated at St Pierre and on which is to be found a commercial building rented to World Knits Ltd for a monthly rent of Rs 35,000.
For having made a false and malicious denunciation, a driving instructor found himself in trouble. Now the Director of Public Prosecutions (DPP) will have to take action against him, following the judgment delivered by the senior magistrate Miss Adeelah Hamuth. Following the statement he made to the police, F.H.N.
The Senior Puisne Judge Eddy Balancy and Justice Rita Teelock sitting on appeal  have last week set aside with costs  the appeal lodged by Aboo Bakar Sidick Noormamode whereby the appellant was found guilty by the Intermediate Court Criminal Division for having falsified the act of marriage of Kounal Poorun with  a minor Olivia Vulcain and convicted to pay a fine of Rs 20,000 and to undergo  6 months’ penal servitude.
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