03 September 2014
Petites Annonces Gratuite
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The Mauritius Revenue Authority (MRA) has lost its appeal before the judicial Committee of the Privy Council (JCPC). In a ruling delivered recently, the Board of the Privy Council with a majority of three to two has set aside the appeal of the Director General of the MRA against Paradis Brabant Hotel and Ors with costs. The appeal was heard on 11 June 2013.
Friday, 02 August 2013 09:00

Ghoorbin to stand trial at 88

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Seewooduth Ghoorbin, aged 88, who stands charged with having on 13 October 2010, criminally and willfully killed one Rajesh Sharma Nathooram in breach of Section 215 and 223(3) of the Criminal Code, can stand trial, has concluded Justice Prithiviraj Fekna, sitting at the Assises Court in an interlocutory ruling delivered last week.
The Intermediate Court Civil Division having on the bench the Acting Magistrate, P. Sewpal, has last week set aside the point of law raised by Defendant No 2, Air Mauritius, in the Plaint with summons entered by Samy Permall against it and defendant No 1, Bhoyroo Travel & Tour Ltd.
The Appeal Court, constituted of the Chief Justice, Bernard Yeung Sik Yuen and Justice Eddy Balancy, has last week quashed the decision of the Medical Council not to register Dr Joseph Alfred Lee Shou Hsin Sam Soon as an specialist in psychiatry employed at the ministry of Health and Quality of Life and directed the Permanent Secretary of the parent ministry to ensure that the court decision is implemented.
The Full Bench of the Supreme Court sitting on appeal two weeks ago has set aside the appeal lodged by drugs trafficker, L.D.L. Fangamar, who is presently serving a 26-year penal servitude after he was found guilty by the Assises Court of traffic of 3617 grams of cannabis under the Dangerous Drugs Act 2000 (DDA).
One week after the Presiding Judge of the Assises Court, Benjamin Marie Joseph, has set aside the motion of “no case to answer of counsel for the defense, Mr Siv Potayya, the accused, Avinash Ramgotee, a former student of the University of Mauritius, has been found guilty by a majority of the jury of 8 to 1, guilty of the double assassination of the two sisters-in-law, Indira and Asah Jhurry, at Basruth Lane, Lallmatie on 5 January 2006 and convicted accordingly to 37 years penal servitude under each of the two counts of information. However the culprit will serve concurrently the two terms of imprisonment. The 30 days accused passed on remand and the 30 days in police cell will be deducted from the sentence.
In a well motivated judgment delivered last week the Appeal Court, having on the bench Justices Nalini Matadeen and Saheed Bhaukaurally, has quashed the sentence passed by the Intermediate Court convicting Gopalen Pillay Curpen to a fine of Rs 1,000 and remitted the case back to the Magistrate, who presided over the criminal case, to determine the matter and this taking into account all the sentencing options available under the law. Based on this conclusion, the bench made no order as to costs.
Friday, 31 May 2013 13:01

Appeal Court upholds ARC VAT ruling

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Formation Recrutement et Conseil Informatique Limitée (FRCI) must pay Value Added Tax (VAT) on money the company received from two foreign based non-resident companies, namely Microsoft Ireland Operations and Sylvan Learning System BV, for the benefit of their respective clients in Mauritius.
Justice Rehana Mungly-Gulbul sitting in Chambers has made interlocutory the interim order prayed for by C.Y. Kwong Ah Fong and Miss Kristel Foong Chue-Ah Fong, the proprietors of a six-storeyed commercial and residential complex known as Pearl House, restraining and prohibiting respondents Nos 1 (Phil Alain Didier Co. Ltd that is PADCO Ltd) and 2 (Orland Ltd), their employees, agents and “préposés” or any other person/s acting on its/their behalf from:
Medical Centre (ABC) Ltd, plaintiff No 1, represented by Mohummud Siddick Chady, former minister of Public Infrastructure and ex-Chairman of Mauritius Ports’ Authority (MPA), can sue the Mauritius Commercial Bank (MCB) Ltd and Deokumar Gangoosirdar, the company director of D.G. Financial Ltd, but not the plaintiff No 2 himself.
The nomination by the Public Service Commission (PSC) of Mrs Manogary Rangasamy as Principal Arts Officer of the Ministry of Arts and Culture has been maintained by the Supreme Court  in a recent ruling  delivered by the Bench consisting of the Acting Senior Puisne Judge, Eddy Balancy and Justice A.R. Hajee Abdoula.
Justice Saheeda Peeroo sitting in Chambers has refused to issue an interim order in the nature of an injunction ordering Satyam Gyanam Anandam Society (SGAS) and/or its agents and/or its préposés not to prevent the applicant, Rajendra Prasad Dassruth, from exercising his duties as Spiritual Master and from holding “satsangs” at the Prashant Ashram, Dubreuil.

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