26 October 2014
Petites Annonces Gratuite
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Magistrate Patrick Kam Sing, the President of the Industrial Court, has last week rejected the application for new trial lodged  by  the defendant, Family World Ltd, against Pak Kian Lee Fong, the plaintiff, who has been awarded a sum of Rs 246,065 inclusive of the sum of Rs  229,095 as severance allowance together with  interests at 12% on the severance allowance as from the date of termination on 9 August 2010 in virtue  of a judgment he himself delivered on 15 April 2013. The Magistrate has rejected the said application by referring to the case of Baguth versus Mollière (1934 Mauritius report 19) and cited an extract “when a litigant has obtained a judgment in a court of justice….
The sale price of a portion of land of an extent of 97 square metres situated at Camp Benoît, Petite Rivière, acquired by the Ministry of Housing and Lands under compulsory acquisition from the appellant, Man Hin Bros Industries Ltd, in order to accommodate a  bus lay-by on it, has been maintained at Rs 230,000.
Visionphone Contractor Ltd and Telecommunication Consultants India Ltd will have to compensate each other following a judgment delivered last week by Justice Abdulraffick Hamuth sitting at the Supreme Court (Commercial Division).
Justices Ashraf Caunhye and Prithiviraj Fekna, sitting on appeal have last week dismissed the appeal lodged by R. Reedoo and upheld the judgment of the Intermediate Court convicting the appellant to 5 years’ penal servitude, after he was found guilty of wounds and blows causing death without the intention to kill.
ISM Ltd will have not even a cent for the damages it has claimed from Palco Waterproofing Ltd and La Prudence Mauricienne Assurance Ltée.
In a judgment delivered last week, Justice Saheed Bhaukaurally, sitting at the Supreme Court, has decreed that the plaintiff, Maya Devi Angteeah, a Mauritian citizen married to a French national, is the lawful owner of  the building and leasehold rights in respect of the land  of 1266.20 square metres –Lot No 1 of “Pas Géométiques” The Vale.
The Court of Criminal Appeal having on the bench Justices Ashraf Caunhye and Nirmal Devat has, last week, upheld the judgment of the intermediate Court convicting the appellant Amber Kumar Joymungul to 12 months’ imprisonment and to pay
Rs 500 costs, after he was found guilty for an offence of bribery by public official committed in breach of Sections 4 (1) (a), 4 (2) and 83 of the Prevention of Corruption Act (POCA). Unless the appellant now decides to appeal to the Judicial Committee of the Privy Council (JCPC), he will have to serve his prison sentence shortly. 
The Bail and Remand Court, having on the Bench the Acting Senior magistrate Padmini D. Mauree has last week refused the release of a teenager who is being sued for alleged sequestration of a 10-year-old girl even if the accused possesses a clean record.
Friday, 09 May 2014 14:00

Magistrate non-suits plaint for damages

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Acting Magistrate Mrs S.D. Bonomally, sitting at the Intermediate Civil Court has last week, non-suited the plaint with summons lodged by Vinod Heerooa claiming  Rs 300,000 against Geeanduth Subhagahir as damages, allegedly in view of the prejudice he has suffered as a result of the false and malicious declaration made by him on or about 18 November 2010.
Friday, 09 May 2014 14:00

DCL to pay ICTA Rs 20 million

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The Commercial Division of the Supreme Court  having on the bench the Acting Chief Justice, Paul Lam Shang Leen, has last week ordered Data Communication Ltd to pay to the Information and Communication Technologies Authority (ICTA) the sum of Rs 20,672,135.80 inclusive of surcharges for late payment, with costs.
There can be no confusion in the public mind between the trademark XIA used by the plaintiff, Smart for Success Ltd, for its garments put on sale in its shop at La Mivoie, Black River, and the signboard XIA for a Chinese restaurant at Bagatelle Mall operated by the defendant,  Platinium Leisure Ltd.
Maie Cora Claudia Lacharmante and Véronique Géraldine Raphael, who each stood charged under one count of information with the offence of wilfully, unlawfully and knowingly possessing dangerous drugs namely, heroin contained in 478.5 grams of an off white powder enclosed in 10 black tape parcels, for the purpose of delivering in breach of the Dangerous Drugs Act 2000 have been convicted last week by the Assises Court, having on the bench Justice Benjamin Marie Joseph, respectively to  ten and eight years’ penal servitude  after they pleaded guilty. Raphael did send from Reunion Island the said consignment of drug in a parcel addressed to accused party No 1. On 21 August 2009, following a tip-off, certain officers of the Anti- Drug and Smuggling Unit (ADSU) went to the office of DHL at the Sir Seewoosagur Ramgoolam International Airport, where in the course of a search they found a parcel coming from Réunion Island.

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