22 December 2014
Petites Annonces Gratuite
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Friday, 19 December 2014 14:00

24-year conviction for rape quashed on appeal

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Two teenagers, Govinda Narain Carpenen and Geraldo Reine de Carthage, who were convicted each to 24 years penal servitude for the offence of rape, have been acquitted on appeal.
A.J.L.Tallot lost a second time, this time before the Appeal Court. In a judgment delivered last week, Justices Ashraf Caunhye and Abdulrafick Hamuth sitting on appeal have dismissed his appeal with costs.
In an interlocutory ruling delivered a couple of days, Justice Nirmala Devat, sitting in Chambers, has upheld the decision of the Mauritius Revenue Authority (MRA) to seize the Mercedes car of Ashis Seeburrun at the domicile of Thierry Lagesse.
Magistrate Meenakshi Bhogun-Ramjutton sitting at the District  Court of Rodrigues (Port Mathurin) has two weeks ago overruled the motion to strike out the  provisional charges  leveled against  Police Inspector Rajesh Moorghen, who is answering  three provisional charges set down in two distinct provisional information both  lodged on 28 March 2014.
Justice Abdool Raffick Hamuth, sitting at the Commercial Division of the Supreme Court, has ordered the Mauritius Union Assurance to pay to the Mauritius Commercial Bank Ltd the sum of Rs 48.8 million out of the Rs 51,800,000 which was stolen from the plaintiff’s Port Louis main branch vault following a robbery resulting in the death of one of the plaintiff’s employee, Mr Gerald Lagesse.
The Mauritius Housing Company Ltd (MHC) has lost its case  against the  Mauritius Commercial Bank Ltd (MCB) for the reimbursement of a loan contracted by  Ghalea and Yasmina Aubeeluck in 2004. In a judgment  delivered last week by the Supreme Court, Justice Iqbal  Maghooa has concluded  that the  MHC has not been able to prove on a balance of probabilities that the  MCB has committed a “faute” and /or has been  negligence by failing to credit the loan account of the co-defendants (Ghalea and Yasmina Aubeeluck) and by preventing the plaintiff from securing  a first rank charge on co-defendants’ property. 
Justice Rita Teeluck sitting at the Family Division of the Supreme Court in a ruling delivered last week has granted the custody of two minor daughters to their father with a right of visit for the mother who entered a divorce petition against her husband and prayed for the custody of the children.
Justice Nirmala Devat, sitting in Chambers, has last week refused to issue an interim writ of injunction against the Republic of Mauritius ordering the Electoral Commissioner to suspend the increase in the amount of the prescribed deposit of Rs 250 to that of Rs 1,500, which represents an increase of 600%.
Justice Rita Teelock sitting at the Supreme Court has granted the custody of two girls, who were living with their father, to their mother. Furthermore the Judge has ordered the father to pay to the mother a monthly alimony of Rs 6,000 as from the end of November 2014 for the upkeep of the two children. This judgment has been delivered last week in a case of divorce petition which has been entertained anew by the Supreme Court.
The Appeal Court  having on the Bench Justices Nirmala Devat and Shaheed Bhaukaurally has dismissed with costs  the appeal lodged by Dr Ah Piang Ng Kuet Leong contesting the decision of the Judge in Chambers setting aside an application for an interim injunction restraining and prohibiting:
Justice A.F. Chui Yew Cheong sitting at the Supreme Court Civil Division has last week granted damages amounting to Rs 1,418,000 to motorcyclist Deolall Dindoyal, the victim of a severe road accident which occurred on 13 September 2001.
Stevenhills Ltd has been convicted to pay a fine of Rs 50,000 with costs for Contempt of Court on account of failure to comply with a judgment of the Judge in Chambers delivered on 14 January 2013.