01 August 2015
Petites Annonces Gratuite
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The Mauritius Housing Company Ltd (MHC) has lost its case  against the  Mauritius Commercial Bank Ltd (MCB) for the reimbursement of a loan contracted by  Ghalea and Yasmina Aubeeluck in 2004. In a judgment  delivered last week by the Supreme Court, Justice Iqbal  Maghooa has concluded  that the  MHC has not been able to prove on a balance of probabilities that the  MCB has committed a “faute” and /or has been  negligence by failing to credit the loan account of the co-defendants (Ghalea and Yasmina Aubeeluck) and by preventing the plaintiff from securing  a first rank charge on co-defendants’ property. 
Justice Rita Teeluck sitting at the Family Division of the Supreme Court in a ruling delivered last week has granted the custody of two minor daughters to their father with a right of visit for the mother who entered a divorce petition against her husband and prayed for the custody of the children.
Justice Nirmala Devat, sitting in Chambers, has last week refused to issue an interim writ of injunction against the Republic of Mauritius ordering the Electoral Commissioner to suspend the increase in the amount of the prescribed deposit of Rs 250 to that of Rs 1,500, which represents an increase of 600%.
Justice Rita Teelock sitting at the Supreme Court has granted the custody of two girls, who were living with their father, to their mother. Furthermore the Judge has ordered the father to pay to the mother a monthly alimony of Rs 6,000 as from the end of November 2014 for the upkeep of the two children. This judgment has been delivered last week in a case of divorce petition which has been entertained anew by the Supreme Court.
The Appeal Court  having on the Bench Justices Nirmala Devat and Shaheed Bhaukaurally has dismissed with costs  the appeal lodged by Dr Ah Piang Ng Kuet Leong contesting the decision of the Judge in Chambers setting aside an application for an interim injunction restraining and prohibiting:
Justice A.F. Chui Yew Cheong sitting at the Supreme Court Civil Division has last week granted damages amounting to Rs 1,418,000 to motorcyclist Deolall Dindoyal, the victim of a severe road accident which occurred on 13 September 2001.
Stevenhills Ltd has been convicted to pay a fine of Rs 50,000 with costs for Contempt of Court on account of failure to comply with a judgment of the Judge in Chambers delivered on 14 January 2013.
The Chief Justice, Keshoe Parsad Matadeen and Justice Ashraf Caunhy, sitting on appeal  have last week set aside with costs  the application for Judicial Review lodged by  the Cane Growers Association against  a decision of the Employment Relation Tribunal (ERT) to extend an award which granted  salary increase of 14% to the whole of the Sugar Industry.
Friday, 24 October 2014 14:00

Full Bench orders fresh trial in sex abuse case

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The Full Bench of the Supreme Court, consisting of the Senior Puisne Judge Eddy Balancy and Justices Saheeda Peeroo and Prithiviraj Fekna, in a ruling delivered last week, has declared the trial of the appellant, Ashok Kumar Jeetah, to be  a nullity and remitted the case for a fresh trial before another Magistrate of the Intermediate Court.
The Intermediate Court having on the bench Magistrate Maryse Panglose-Cala has set aside the plaint with summons entered by Satyaveer Kallychurn, an inhabitant of Belle Etoile, Coromandel, Beau Bassin, against the State of Mauritius, represented by the Attorney general, the Permanent secretary of the Ministry of Health and Quality of Life and the Acting Director of the Pharmaceutical Services of the Parent Ministry for having refused to the plaintiff the importation of a prohibited vitamin.
Friday, 17 October 2014 14:00

Rs 2 M damages for 18% incapacity

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François Joseph Charles Pilot, who was severely burned in both legs in the course of a visit within the boundaries of Mount Sugar Estate when he fell in a heap of burning matter, has been awarded moral damages to the tune of Rs 2 million by the Supreme Court last week.
The Central Electricity Board (CEB) has lost  its plaint against Société Henry  Ng Ha Kwong which is the  proprietor  of Restaurant First situated  in China Town claiming Rs 459,864 being the amount due resulting from fraudulent abstraction of electricity.