28 November 2014
Petites Annonces Gratuite
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Friday, 06 June 2014 14:00

Sentence halved for imprudent driver

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Appellant Koomara Mootoosamy was convicted before the Intermediate Court for the offences of involuntary homicide by imprudence and failing to report a fatal road accident which occurred at La Marie Road, Quinze cantons, Vacoas.
The Appeal Court constituting of Justices A.R.  Hajee Abdoula and  Nirmala Devat has last week allowed the appeal  lodged by Madoorow Ragoo, a Pandit and a former Oriental language school teacher for having solemnly affirmed a false affidavit of prescription in breach of section 195 of the Court Act.
Friday, 06 June 2014 14:00

ICAC ex-Deputy Chief loses damages claim

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In a judgment delivered last week, Justice Nirmala Devat, sitting at the Supreme Court, has dismissed with costs the plaint for damages to the tune of Rs 100 million entered by Gérard Bisasur, the former Deputy Commissioner of the Independent Commission Against Corruption (ICAC) against his former employer.
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.

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