Time Limit to declare a person absent reduced

CODE CIVIL MAURICIEN (AMENDMENT) ACT (Act No. 1 of 2011) 

The Act amends the Code Civil Mauricien so as to reduce the time limits applicable to declare a person absent. Where there has been a judicial decision to the effect that a person is presumed absent, the time lapse of 5 years is reduced to 3 years, for the purpose of declaring the person absent.  The Act also provides that where there has been no such judicial decision, a person can be declared absent if he is no longer seen at his place of residence for a period of more than 5 years, instead of more than 10 years. 

Status: Published in the Gazette No. 37 of 25 April 2011.

Judges of the Supreme Court can bar vexatious and frivolous litigants

COURTS (AMENDMENT) ACT (Act No. 6 of 2011)

The Act amends the Courts Act to enable the Supreme Court, where it is satisfied that a person has persistently started vexatious proceedings or made similar applications in any Court, to make an appropriate order so as to declare him to be a vexatious litigant and restrain the start of such proceedings or the making of such applications.

Status: Published in the Gazette No. 39 of 25 April 2011.

The Judge is on the Look Out!

For those who are accustomed to enter legal actions for no proper reason or without any interest before the Supreme Court, there is only one advice: Beware!

Divorce by Mutual Consent now a reality in Mauritius!

DIVORCE AND JUDICIAL SEPARATION (MISCELLANEOUS PROVISIONS) ACT (Act No. 2 of 2011)

The main objects of the Act are: first, to provide for divorce or judicial separation by mutual consent or acceptance in principle of the breakdown of a marriage; second, to reduce, from 5 to 3 years, the period of separation required for a divorce or judicial separation on the ground of “rupture de la vie commune”; third, to simplify the process following the lodging of a petition; and fourth, to provide for the automatic conversion of a provisional decree into a permanent decree 3 months after the provisional decree has been granted, unless one of the parties objects not later than 15 days before the expiry of the 3 months.(Underlining is mine)

Status: Published in the Gazette No. 37 of 25 April 2011.

From:  http://www.gov.mu/portal/sites/agolaws/recentact.htm

For all divorce proceedings, the Blogger recommends: www.mardemootoo.com - Solicitors In Mauritius

THE PRELIMINARY INQUIRY (MISCELLANEOUS PROVISIONS) BILL (No. XII of 2011)

The object of this Bill is to amend the relevant provisions of the Courts Act, the Criminal Procedure Act and the District and Intermediate Courts (Criminal Jurisdiction) Act to provide that the Director of Public Prosecutions may, at his sole discretion, decide whether or not a preliminary inquiry shall be held before a person is made to stand trial before a Judge and a jury.

The Bill once having the force of law shall apply in respect of an offence committed before its commencement. Where a Magistrate has, before the commencement of the Act, started to hear the depositions of any witnesses in a preliminary inquiry, the Director of Public Prosecutions may, under clause 5(2) of the Bill require him not to proceed further with the inquiry.

It should be noted that the Bill does not have a commencement clause and it shall, therefore, apply once it is enacted and published in the Gazette.

Status: First Reading on 24 May 2011.

From: http://www.gov.mu/portal/sites/agolaws/recentact.htm

Revised Laws of Mauritius

Here's the link to the Revised Laws of Mauritius (updated as at 30 June 2009) on the A.G website:
http://www.gov.mu/portal/sites/agolaws/constitution.htm?agreecheck=ON