03 September 2015
Friday, 24 July 2015 14:00 Written by News On Sunday
Justices Ah Foon Chui Yew Cheong and Rita Teeluck, sitting at the Supreme Court last week, have allowed The (Mauritius) CT Power Ltd leave to apply for Judicial review of the government’s decision to abandon its power plant project at Pointe aux Caves, Albion.
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Friday, 17 July 2015 14:00 Written by News On Sunday
“The essential averments in the present plaint having failed to formulate a complete cause of action for want of precision cannot be condoned out of speculation that it will be cured by way of a forthcoming amendment.
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The Appeal Bench composed of the Senior Puisne Judge, Eddy Balancy and Justice Ashraf Caunhye, has last week upheld the judgment of the Industrial Court confirming that the dismissal of the Air Mauritius pilot, Leonard George De la Haye, by his employer was fully justified.
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Bedianand Jhurry, former trade unionist and former Chairman of the Sugar Industry Labour Welfare Fund (SILWF), will have to serve 9 months’ imprisonment under each of the five counts of “making use of his office for gratification whilst being a public official”, after his appeal has been rejected by the Court of Criminal Appeal this week.
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Friday, 10 July 2015 14:00 Written by News On Sunday
Phoenix Beverages Ltd has lost its appeal before the Appeal Court which has upheld the ruling of the Black River District Court finding the appellant company guilty of distributing food containing foreign matter in breach of section 16 (3) (b) of the food Act 1998 and sentencing it to pay a fine of Rs 10,000 and Rs 100 as costs. Before the trial Court, the appellant company had pleaded not guilty to the charge and was defended by counsel.
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The former Chief Executive Officer (CEO) of the Mauritius Post and Cooperative Bank Ltd (MPCB), Lakshmana Lutchmeenaraidoo, who was claiming damages to the tune of Rs 10,053,537 on ground of unjustified dismissal, has lost his case against his employer before the Supreme Court Civil Division. In a judgment delivered by Justice Prithiviraj Fekna, the Court has come to the conclusion that the plaintiff has failed to establish his case for breach of contract or for unfair dismissal. The Plaint with summons is accordingly dismissed with costs for the defendant company.
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La Compagnie Sucrière de Bel Ombre will be liquidated unless it reimburses a sum of Rs 3,548,237.14 to Alliance Building Contractors Ltd. It is the ruling given by Justice Gérard Angoh, sitting at the bankruptcy division of the Supreme Court in a judgment delivered last week.
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Friday, 26 June 2015 14:00 Written by News On Sunday
“Having refused leave, the Supreme Court made an order for costs against the appellant (Peerless Ltd) in favour of the GRA (Gambling Regulatory Authority). While the Board considers that the appeal should be allowed and that leave to apply for Judicial Review should be granted, it has come to the conclusion that it should not interfere with the Supreme Court’s decision in relation to the costs in the Court below.
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Cossilah Fangoo stood charged under Count I with the offence of swindling of Mrs Dewee, the declarant, out of the sum of Rs 15,000 by “employing fraudulent pretences to create the expectation of success.”
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Friday, 19 June 2015 14:00 Written by News On Sunday
The promoter of King Savers Supermarket of Mahebourg, Mr Saverettiar, has recently lost his appeal against her sister before the Judicial Committee of the Privy Council (JCPC). Accordingly, the appellant will have to pay to his sister the sum of Rs 720,000 as rent for three years and the sum of Rs 3,000,000 as profit due over a period of 10 years. The appellant left default when the case was first entertained by the Supreme Court. Following the judgment of the trial Court, the appellant made an application for a new trial which was turned down by the Supreme Court.
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The plaint with summons of Widow Phoolaw Chubeelall and her three minor children, Deewas, Dharmendra and Veena, claiming damages to the tune of Rs 2,4 million for the death of her husband Bidianand Chubeelall in a fire which occurred in the workshop of the latter’s employer, Devanand Mukool, at Belle Etoile, has been dismissed with costs.
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Friday, 12 June 2015 14:00 Written by News On Sunday
Magistrate Azam Neerooa, sitting at the Criminal Division of the Intermediate Court has last week set aside the accusation of corruption lodged against the former President of the defunct Rivière du Rempart/Pamplemousses District Council, Prembhoodass Ellayah, on a point of law.
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