Court News Mauritius

Her contract was for a fixed duration : French expatriate denied severance allowance

French expatriate Sylvianne Linot has sued l’Association Ecole du Centre for unjustified dismissal before the Industrial Court and has claimed severance allowance of Rs 330,600 including interest at 12%, at punitive rate, as from the 31st August 2009.

18 Sep 2015, Le Defi News on Sunday

French expatriate sued for sodomy of her girlfriend

The Criminal Division of the Intermediate Court, presided by Magistrate D. Gayan, has last week refused to accede to the demand of French expatriate Lopes Carlos Manuel for his release on bail because of the gravity of the offence and of the risk of absconding when his presence is required…

18 Sep 2015, Le Defi News on Sunday

Rape case dropped by Intermediate Court

Accused Soopramanien Murden was charged under two charges of rape in breach of section 249 (1) of the Criminal Code. He pleaded not guilty to both counts and was assisted by Counsel at the trial. The present offence carries a minimum penal servitude of 5 years under each count. However…

11 Sep 2015, Le Defi News on Sunday

Conflict of interest : Former District Councillor guilty, Court rules

The Criminal Division of the Intermediate Court has found guilty Rabindranath Bahadoor, a former District Councillor of the then Pamplemousses/ Rivière du Rempart District Council on a charge of conflict of interest.

11 Sep 2015, Le Defi News on Sunday

Claim for severance allowance : Ex-Director of Sales loses case

Marie Jean Joseph Alain Eric Goder, a former Director of Sales at Sagar Hotels and Resorts Ltd, has lost his case for severance allowance before the Industrial Court (Civil Division). In a long and motivated judgement delivered last week, the Presiding Magistrate, Patrick Kam Sing, has concluded that the plaintiff’s…

04 Sep 2015, Le Defi News on Sunday

Termination of employment : Severance allowance should be paid, Appeal Court says

The Industrial Court had awarded severance allowance at normal rate to Virasamy Ramsamy Narydoo for unjustified dismissal by his employer, Société de Gérance de Mon Loisir.

28 Aug 2015, Le Defi News on Sunday

Supreme Court pronounces a non-suit in a case for annulment of a will and the sale of immovable property

Plaintiffs, Bijmohun Kesso Panday Bajnath & Ors, have sued before the Supreme Court defendants, Sabeetree Baynath and Ashok Kumar Jagessur, praying for a judgement declaring that they are the real owners of the plot of land of the extent of 63 perches, situated in the District of Pamplemousses, which they…

28 Aug 2015, Le Defi News on Sunday

Dog owner guilty of involuntary wounds and blows

Accused Yasdeo Choonucksing, the proprietor of two strayed dogs named Sam and Ramses, one being a Rottweiler and the other an Alsatian, has been found guilty for the offence of involuntary wounds and blows by want of caution in breach of section 239 (1) (2) of the Criminal Code.

21 Aug 2015, Le Defi News on Sunday

No damages for the plaintiff : Email was not defamatory, Court rules

Plaintiff Sonia Russie has lost her case for damages before the Supreme Court against Jean Hugues Michaud after she was sacked from the defendant’s company. The defendant was not present in Court during hearings. In a judgement delivered last week, Justice Bobby Madhub dismissed the case for defamation.

21 Aug 2015, Le Defi News on Sunday

Heirs fight over succession : Will drafted by Notary Deelchand challenged

“The statements of defendants as a whole render probable the facts alleged by the plaintiffs,” concluded the Acting Senior Puisne Judge Saheeda Peeroo, in an interlocutory judgement delivered last week.

14 Aug 2015, Le Defi News on Sunday

Failure to keep dangerous drug register : Pharmacist Soborun acquitted

The Criminal Division of the Intermediate Court having on the Bench Magistrate Azam Neerooa has last week acquitted pharmacist Rajeev Sharma Soborun who stands charged under four counts of “Failing to keep dangerous drug register upto date” in breach of the Dangerous Drugs Act. The reason given by the Court…

14 Aug 2015, Le Defi News on Sunday

Condemned for manslaughter : His sentence is reduced by 1 year on appeal

Vinay Nundhoo was convicted to 18 years’ penal servitude after he was found guilty for manslaughter of Jacques Chan Lim Wan. After his successful appeal before the Court of Criminal Appeal, his sentence has been reduced by one year.

07 Aug 2015, Le Defi News on Sunday

Hold-up at a filling station : Three accused found guilty

Magistrate Wendy Rangan, sitting at the Criminal Division of the Intermediate Court, has found Christophe Denis Philippe and Jean Rito Collet guilty for having participated in the hold-up of Total Filling Station, situated at Plaine des Papayes, on 21 March 2008. The third accused, Poovendren Vydeelygum, has been found guilty…

07 Aug 2015, Le Defi News on Sunday

Convicted for larceny, appellant acquitted on appeal

Noyan Béugé has been acquitted by the Appeal Court which has quashing his conviction to six months’ imprisonment after he was found guilty for larceny by means of scaling in breach of Section 309 (1) of the Criminal Code. In its ruling the Appeal Bench consisting of Justices Abdulraffick Hamuth…

31 Jul 2015, Le Defi News on Sunday

Botha convicted for drug trafficking acquitted on appeal

Convicted to 33 years’ penal servitude for possession of 471,7 grammes of heroin and for drug trafficking by the Assizes Court, the South African J.J. Botha has been acquitted last week on appeal. In a judgment delivered by the Full Bench of the Supreme Court sitting on appeal and consisting…

31 Jul 2015, Le Defi News on Sunday

Seniority not a criteria in determining the nomination of Deputy Rectors

Seniority is not a criteria taking into consideration in the nomination of Deputy Rectors. Ghumanand Heeramun, who has obtained leave to apply for Judicial review to contest the nomination of 55 Deputy Rectors , has lost his application against the Public Bodies Appeal Tribunal. In his application he has contested…

31 Jul 2015, Le Defi News on Sunday

Dr Malhotra agression: DPP’s decision not to appeal upheld

The decision of the Director of Public Prosecutions (DPP) not to appeal against the ruling of the Intermediate Criminal Court condemning N. Ramdin and K. Hazareesingh, the authors of the acid aggression, of the Director of the defunct Medpoint Clinic, Dr Kishan Malhotra, to one year imprisonment, has been upheld…

24 Jul 2015, Le Defi News on Sunday

Supreme Court grants leave for Judicial Review to CT Power

Justices Ah Foon Chui Yew Cheong and Rita Teeluck, sitting at the Supreme Court last week, have allowed The (Mauritius) CT Power Ltd leave to apply for Judicial review of the government’s decision to abandon its power plant project at Pointe aux Caves, Albion.

24 Jul 2015, Le Defi News on Sunday

Air Mauritius pilot loses once again

The Appeal Bench composed of the Senior Puisne Judge, Eddy Balancy and Justice Ashraf Caunhye, has last week upheld the judgment of the Industrial Court confirming that the dismissal of the Air Mauritius pilot, Leonard George De la Haye, by his employer was fully justified.

17 Jul 2015, Le Defi News on Sunday

Claim for illegal electricity consumption rejected

“The essential averments in the present plaint having failed to formulate a complete cause of action for want of precision cannot be condoned out of speculation that it will be cured by way of a forthcoming amendment.

17 Jul 2015, Le Defi News on Sunday

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