28 May 2015
Petites Annonces Gratuite
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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.
Friday, 13 June 2014 14:00

DPP wins appeal in drunk-driving case

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Accused Ram Mohun pleaded guilty and was found guilty before the District Court of Rose-Hill for driving a motor vehicle with alcohol concentration in his blood exceeding the prescribed limit in breach of sections 123F (1) (a0 (3) (5 and 52 of the Road Traffic Act at Royal Road, Rose-Hill.
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….