Court News Mauritius

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

Breach of Food Act against Phoenix Beverages upheld

Phoenix Beverages Ltd has lost its appeal before the Appeal Court which has upheld the ruling of the Black River District Court finding the appellant company guilty of distributing food containing foreign matter in breach of section 16 (3) (b) of the food Act 1998 and sentencing it to pay…

10 Jul 2015, Le Defi News on Sunday

MPCB ex-CEO loses severance allowance claim

The former Chief Executive Officer (CEO) of the Mauritius Post and Cooperative Bank Ltd (MPCB), Lakshmana Lutchmeenaraidoo, who was claiming damages to the tune of Rs 10,053,537 on ground of unjustified dismissal, has lost his case against his employer before the Supreme Court Civil Division. In a judgment delivered by…

10 Jul 2015, Le Defi News on Sunday

Non reimbursement will lead to liquidation

La Compagnie Sucrière de Bel Ombre will be liquidated unless it reimburses a sum of Rs 3,548,237.14 to Alliance Building Contractors Ltd. It is the ruling given by Justice Gérard Angoh, sitting at the bankruptcy division of the Supreme Court in a judgment delivered last week.

26 Jun 2015, Le Defi News on Sunday

Privy Council disapproves Supreme Court, grants bookmaker judicial review

“Having refused leave, the Supreme Court made an order for costs against the appellant (Peerless Ltd) in favour of the GRA (Gambling Regulatory Authority). While the Board considers that the appeal should be allowed and that leave to apply for Judicial Review should be granted, it has come to the…

26 Jun 2015, Le Defi News on Sunday

King Savers owner loses fourth time against sister

The promoter of King Savers Supermarket of Mahebourg, Mr Saverettiar, has recently lost his appeal against her sister before the Judicial Committee of the Privy Council (JCPC). Accordingly, the appellant will have to pay to his sister the sum of Rs 720,000 as rent for three years and the sum…

19 Jun 2015, Le Defi News on Sunday

Fangoo guilty of fraudulent pretences

Cossilah Fangoo stood charged under Count I with the offence of swindling of Mrs Dewee, the declarant, out of the sum of Rs 15,000 by “employing fraudulent pretences to create the expectation of success.”

19 Jun 2015, Le Defi News on Sunday

Sued for corruption : Ex district council president cleared

Magistrate Azam Neerooa, sitting at the Criminal Division of the Intermediate Court has last week set aside the accusation of corruption lodged against the former President of the defunct Rivière du Rempart/Pamplemousses District Council, Prembhoodass Ellayah, on a point of law.

12 Jun 2015, Le Defi News on Sunday

No damages because victim was negligent

The plaint with summons of Widow Phoolaw Chubeelall and her three minor children, Deewas, Dharmendra and Veena, claiming damages to the tune of Rs 2,4 million for the death of her husband Bidianand Chubeelall in a fire which occurred in the workshop of the latter’s employer, Devanand Mukool, at Belle…

12 Jun 2015, Le Defi News on Sunday

Baccarally gets 25 years’ imprisonment for a passionate crime

Justice Prithiviraj Fekna sitting at the Assises Court has found last week accused Mauhammad Shahedeen Baccarally guilty for having assassinated his former girl friend Devika Damry on 17th July 2007 at Camp Lilas, Triolet and convicted him to 25 years’ penal servitude.

30 Jan 2015, Le Defi News on Sunday

Bhumi Fund Ltd to pay Rs 1.4 M to Nicant Awotar & Associates Ltd

In a judgment delivered last week, Justice Paul Lam Shang Leen, sitting at the Commercial Division of the Supreme Court has ordered Bhumi Fund Ltd to pay the sum of Rs 1.4 million with interest at legal rate from the date of entry of the plaint with costs to Nicant…

23 Jan 2015, Le Defi News on Sunday

Judiciary System in Mauritius

One of the main topics of 2015 General Paper is the Judiciary, which has been analysed and discussed by professionals in the domain. Students can use materials below as a guiding tool in their essay writing.

23 Jan 2015, Le Defi News on Sunday

4 years’ sentence and Rs 65,000 fine for drug offences upheld

The Appeal Court, having on the Bench Justices Abdulraffick Hamuth and Prithiviraj Fekna in a judgment delivered last week, has upheld the ruling of the Intermediate Criminal Court after the appellant, Mariam Bibi Taslima Edoo, was found guilty under two counts for drug offences and sentenced to undergo 4 years’…

23 Jan 2015, Le Defi News on Sunday

Junab acquitted in counterfeit bank note case

Kalil Ahmad Junab who stood charged with having on or about 29 July 2013 at the Bank of Mauritius, without lawful authority or reasonable excuse, in his possession a counterfeit 1000 rupees bank note, knowing it to be counterfeited, in breach of Section 100 (2) (a) (iii) (b) (c) of…

16 Jan 2015, Le Defi News on Sunday

BB RH Council found guilty for breach of OSHA

The Municipality of Beau-Bassin/Rose-Hill is solely responsible for the death of one of its employees, Viswash Seewoonundun, employed as refuse collector, when he fell down from the lorry box of a waste lorry while the lorry was moving backwards at its place of work at Impasse Aboobakar, Avenue Rennards, Beau-Bassin…

16 Jan 2015, Le Defi News on Sunday

Conditional release for wounds and blows causing death

Alain Michel Desiré Séblin was charged with the offence of wounds and blows causing the death of his uncle, Jacques D’Artagnan Pate, without the intention to kill in breach of Section 228 (1) (3) of the Criminal Code.

16 Jan 2015, Le Defi News on Sunday

Father and friend found guilty of exposing a child to harm

Magistrate Wendy V. Rangan, sitting at the Intermediate Criminal Court, has found guilty both accused parties, Jean Benjamin Georgette and Desiré Joseph Richard Khodabocus under their respective count with the offence of “exposing a child to harm” and “causing a child to be sexually abused by him” under the Child…

09 Jan 2015, Le Defi News on Sunday

No order for SBI (Mauritius) Ltd to carry out inventory of assets

In a ruling delivered in December 2014, Justice Paul Lam Shang Leen, sitting at the Commercial Division of the Supreme Court, has set aside the application of the SBI (Mauritius) Ltd for a mandatory order in the nature of an injunction to be issued, allowing a registered Usher and/or any…

09 Jan 2015, Le Defi News on Sunday

Prison for engaging an adolescent into massage upheld

The one year conviction by the Intermediate Court for accused H. Sonah who was found guilty for having offered and employed a minor as “réceptionniste/ masseuse” in a beauty parlour has been upheld on appeal.

09 Jan 2015, Le Defi News on Sunday

24-year conviction for rape quashed on appeal

Two teenagers, Govinda Narain Carpenen and Geraldo Reine de Carthage, who were convicted each to 24 years penal servitude for the offence of rape, have been acquitted on appeal.

19 Dec 2014, Le Defi News on Sunday