06 March 2015
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Friday, 22 August 2014 14:00

Fake landowner found guilty of swindling

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Magistrate Wendy V. Rangan sitting at the Intermediate Court, in a judgment delivered on 18 August, has found the accused Bissoondeo Luchmun guilty with the offence of swindling in breach of section 330 (1) of the Criminal.
Top FM Ltd lost its case against the journalist-presenter, Louis Aldo David Desmarais, sued for breach of contract. In a ruling delivered last week, the Intermediate Civil Court, having on the bench Magistrate Maryse Panglose-Cala, has refused to accede to the demand of private radio Top FM that the defendant should refund the Rs 150,000 representing the cost of his training and Rs 200,000 as damages after he left this radio station to go and work for a rival one, Radio One for some months.
The Director of Public Prosecutions (DPP) lost his case against singer Nitish Joganah contesting the latter’s acquittal, after he was sued for the offence of possession of cannabis for the purpose of selling. In a judgment delivered  last week, the appeal Bench consisting of Justices Saheeda Peeroo and Nirmala  Devat has upheld the ruling of the Intermediate Court dismissing the information.
Acting District Magistrate Padmini D. Mauree sitting at the district Court of Rose-Hill has dismissed the case against MC Vision following an information lodged by the Municipality of Quatre- Bornes for failing to pay to the local authority such fees as may be prescribed by the Council whilst carrying out a classified trade within the administrative area of that local authority.
Gérard Philippe and Gladys Lavigilante, the next door neighbours of Georges Alain Magic, have been ordered by the Intermediate Court Civil Division to compensate Rs 55,000 to the latter for having encroached on the land of their neighbour on a perimeter of  5.25 metres.
The appeal Court, having on the bench Justices Saheeda Peeroo and Prithiviraj Fekna has, last week, upheld the ruling of the Fair Rent Tribunal concerning the “market rent of the ground floor of a building consisting of six floors in the centre of Curepipe at Rs 45 square foot in two appeals lodged by Joel Rey against The Registrar of the Fair Rent Tribunal and Currimjee Jeewanjee Properties Ltd in the first case and Joel Rey against Currimjee Jeewanjee Properties Ltd in the second case.
The Appeal Court has last week allowed the appeal lodged by the Director of Public Prosecutions (DPP) contesting the  acquittal by the District Court of Mahebourg of Miss Mary Joyce Chan Sow, a Customer Service Assistant at Air Mauritius, who, at the material time was working at the Transit Check-in Counter in the  Arrival Immigration Hall, for illegal possession of two bottles of wine labelled Dienersfortein  Pinitage and Alto Rouge, each of 750 ml and one litre of Amarula liquor on which payment of duty and taxes was Rs 520, in breach of the Customs Act.  
Justices Saheeda Peeroo and Saheed Bhaukaurally sitting on appeal have upheld the ruling of the District Court of Port Louis convicting Pick “N” Eat Ltd, the company which holds Kentucky Fried Chicken (KFC) franchise, to pay a fine of Rs 5,000 after it was found guilty with the offence of selling food containing a foreign matter, a clear transparent piece of plastic (polyethylene) in a “crispy strip, in breach of section 16 (3) (b) and 17 of the food Act.
The Appeal Court, having on the bench Justices Ashraf Caunhye and Prithiviraj Fekna, has last week upheld the judgment of the  District Court of Pamplemousses, convicting Jean-Jacques Desiré Constant to  three months imprisonment, after the appellant was found guilty of the offence of issuing a cheque  without provision in breach of section 330 (B) 91) of the Criminal Code. The appellant pleaded guilty to the charge.
The judicial Committee of the Privy Council (JCPC) in a ruling delivered on 25 June has reduced the three year-sentence inflicted by the Intermediate Court on D. Sabapathee, the son of late bodybuilder and an ex-Mr Mauritius, Rajen Sabapathee, to  18 months’ imprisonment after the appellant  was found guilty for  possession of cannabis.
Magistrate Ratna Seetohul-Toolsee, the Vice-President of the Industrial Court has last week dismissed the plaint for severance allowance for unjust dismissal entered by Mamade Parvez Choychoo against his employer, Dragon Electronics Ltd. The Magistrate has concluded that the contract of employment linking both parties no longer exists.
The Prosecution was wrong to have prosecuted Harish Ramful in his personal name in a case of alleged swindling. Accordingly, the charge under counts 1,2,3,4 and 8 has not been proved beyond reasonable doubt.