Chambers of M. Ilshad Munsoor

Chambers of M. Ilshad Munsoor

Ilshad Munsoor is a practising barrister. Ilshad was educated and trained in the UK. He was called to the bar in London and Mauritius. Main areas of practice: Civil and Criminal Law, Corporate Laws, Employment Law, Family Law, Shipping Law, Property Law.

lexpress.mu

Naufrage du Wakashio: que faisait le vraquier si près de nos côtes ?

lexpress.mu Que faisait donc le Wakashio dans nos eaux, si près de nos côtes ? Des images satellite — les transpondeurs du vraquier ayant été suivis de l’espace …

Arnaud Demanche

🛑🚢 70% des navires marchands du monde naviguent sous pavillon de complaisance et ne respectent pas toutes les normes en vigueur.
🛑🛥 63% des accidents et pertes maritimes ont lieu sous pavillon de complaisance, selon le principal syndicat du domaine.
Beyrouth et l'Ile Maurice en payent aujourd'hui les conséquences.
Pensées et soutien total à nos amis Libanais et Mauriciens et à tous ceux qui subissent les dégâts de ce scandale. 🙏🏽

Quand est-ce que ça change ?

⚠️ ERRATUM : Quand j’ai tourné, on parlait d’un propriétaire ukrainien, il s’agit en fait d’un propriétaire russe. Je n'ai pas pu retourner toutes les séquences, et ça ne changeait rien au problème. Mais la précision méritait d'être faite.

⚠️ Autre détail : le pavillon Kerguelen a changé de nom et s’appelle désormais le RIF. Il est toujours listé comme pavillon de complaisance selon l’ITF, qui rassemble 20 millions de travailleurs du transport maritime, et permet bien les conditions d’embauche décrites dans la vidéo.

[08/03/20]   “I’m glad you liked my content. Promise to not disappoint you in the future. Looking forward to the same appreciation”.
Ilshad Munsoor

Have a good Sunday!!!

[07/25/20]   Freedom of expression is guaranteed by section 19 of the Universal Declaration of Human Rights as follows:

“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”

[07/14/20]   What is Defamation?

Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person.

Defamation may be a criminal or civil charge. It encompasses both written statements, known as libel, and spoken statements, called slander.

Chambers of M. Ilshad Munsoor

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[07/02/20]   THE PREVENTION OF CORRUPTION ACT 2002

Section 10. 'Trafic d'influence'

(1) Any person who gives or agrees to give or offers a gratification to another person, to cause a public official to use his influence, real or fictitious, to obtain any work, employment, contract or other benefit from a public body, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

(2) Any person who gives or agrees to give or offers a gratification to another person to use his influence, real or fictitious, to obtain work, employment, contract or other benefit from a public body, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

(3) Any person who gives or agrees to give or offers a gratification to public official to cause that public official to use his influence, real or fictitious, to obtain work, employment, contract or other benefit from a public body, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

(4) Any person who solicits, accepts or obtains a gratification from any other person for himself or for any other person in order to make use of his influence, real or fictitious, to obtain any work, employment, contract or other benefit from a public body, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

(5) Any public official who solicits, accepts or obtains a gratification from any other person for himself or for any other person in order to make use of his influence, real or fictitious, to obtain any work, employment, contract or other benefit from a public body, shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years.

Indeed!!!

[06/20/20]   Maurice fait désormais partie des 20 juridictions financières à haut risque pour UE.
La liste de ces pays a été publiée dans le Journal Officiel de l'UE vendredi:

https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1592628361290&uri=CELEX:32020R0855

[06/17/20]   The LAW is clear about making an employee redundant.
It has been a bit popular post Covid-19 where employers are intimidating their employees and coerced into a forced resignation!!!

[06/13/20]   An extract of the Cabinet Decision of 12.06.2020:

4. Cabinet has agreed to pay, for the month of June 2020, an allowance under the Wage Assistance Scheme and the Self-Employed Assistance Scheme to workers and self-employed individuals in the tourism sector and all those whose work premises or business operations had to remain closed after the lifting of the curfew.

Enjoy your weekend!!!

[06/05/20]   The Companies Act 2001 of Mauritius:
Sub-Part D - Duties of directors
143. Duty of directors to act in good faith and in best interests of company

[06/01/20]   ~~~Security for the Landlord and moratorium for the Tenant~~~Section 30 of the Covid-19 (Miscellaneous Provisions) Act 2020~~~

Amendment to the Landlord and Tenant Act

The Landlord and Tenant Act is amended –
(a) in section 3, by inserting, after subsection (2), the following new subsection –
(2A) Notwithstanding any other enactment or any other agreement, non-payment of rent in respect of premises for the months of March 2020, April 2020, May 2020, June 2020, July
2020, August 2020 and such other subsequent month as may be prescribed shall not constitute a breach of a tenancy agreement, provided that the rent for the months of March 2020, April 2020, May 2020, June 2020, July 2020, August 2020 and such other subsequent month as may be prescribed is fully paid, in instalments, by 31 December 2021 or such other date as may be prescribed.

(b) in section 17 –
(i) by renumbering the existing provision as subsection (1); and
(ii) by adding the following new subsection –
(2) Notwithstanding subsection (1), the Court shall not make an order under section 16 where rent has not been paid by a tenant for the months of March 2020, April 2020, May 2020,
June 2020, July 2020, August 2020 and such other subsequent month as may be prescribed, provided that the rent for the months of March 2020, April 2020, May 2020, June 2020, July
2020, August 2020 and such other subsequent month as may be prescribed is fully paid, in instalments, by 31 December 2021 or such other date as may be prescribed.

Chambers of M. Ilshad Munsoor's cover photo

Naufrage du MV Benita: début du procès d’Omar Taton

https://youtu.be/0D1DcAmbdcw

Toute l'actualité de l'île Maurice en direct:live news, politique, économie, faits divers, société, dossier, hippisme, vidéos choc, scandale et people

[05/28/20]   Section 57 of the Covid-19 (Miscellaneous Provisions) Act 2020
....................
(f) in section 45, by adding the following new subsection –
(12) (a) Notwithstanding any provision to the contrary in subsections (7) to (10) and subject to paragraph (b), an employer may, during a period of 18 months following the expiry of the Covid-19 period, withhold up to 15 days’ annual leave, or such other number of annual leave as may be prescribed, from the aggregate of the annual leave specified in subsection (1) which accrues to a worker as from the beginning of the year of the COVID-19 period or such further period as may be prescribed.

(b) Where a worker has performed work during the COVID-19 period, excluding the period starting from 15 May 2020 and ending on 1 June 2020, the employer shall not withhold more than half of annual leave specified in paragraph (a).

Effective as of 23rd March 2020!!!!!

gender.govmu.org

Ministry of Gender Equality and Family Welfare - Domestic Violence

What is abuse and domestic violence?

In a relationship, there are ups and downs, sometimes we say and do things to each other that are not nice. But there is a difference between normal arguing and abusive fighting behaviour in the home which is called domestic violence.
Abuse is when one person hurts or bullies another person. Domestic Violence is when this abuse happens between two people in a family or between 2 people who are staying/living together married or have children together. Sometimes a member of the family can be the abuser i.e (mother, brother, sister, grand parent, foster parent)
Hitting, slapping and pushing are different kinds of physical abuse that can be part of domestic violence. It is not okay to hurt another person in this way. This abuse is against the law. Domestic Violence normally happens to women but it can also happen to men.
Domestic Violence often includes physical abuse but it does not have to. It can include bullying the other person emotionally. Domestic Violence is about one person thinking he/she can control the other person. Domestic Violence can include many different types of abuse. Verbal abuse such as shouting and emotional abuse such as bullying someone, and calling them names are only some examples. Domestic Violence also arises when one partner isolates the other, keeping them away from family and friends.
Abuse is not accidental but is carried out with the purpose of making the other person feel frightened and bad about themselves.
Usually Domestic Violence is a pattern of abusive behaviour that includes emotional, physical, sexual and financial abuse. It does not happen just one time. Over time it tends to happen more often and become more serious and severe.

Source: http://gender.govmu.org/English/Pages/Units/Other%20Pages/Domestic-Violence.aspx

gender.govmu.org

Thought for the day!!!

[05/22/20]   What is Public Interest?
In simple words, the public interest is about what matters to everyone in society. It is about the common good, the general welfare and the security and well-being of everyone in the community we serve.
.... Just because the public is interested in something has nothing to do with whether it is in the public interest.

[05/19/20]   “Don't misinform your Doctor nor your Lawyer.” —Benjamin Franklin

[05/18/20]   Certain provisions of The Covid-19 (Miscellaneous Provisions) Act 2020 takes effect as early as the 1st of January 2020!!!!!

[05/16/20]   Did you know that Mauritius is one of the few countries where Spouses can divorce by MUTUAL CONSENT.
"Divorce and Judicial Separation (Miscellaneous Provisions) ACT 2011"

Chambers of M. Ilshad Munsoor

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[05/13/20]   Mauritius is one of the few countries where the rights of the citizens are protected and guaranteed by the Constitution. The judiciary is the ultimate recourse.

Article 2 of the Mauritian Constitution Constitution is supreme law
This Constitution is the supreme law of Mauritius and if any other law is inconsistent with this Constitution, that other law shall, to the extent of the inconsistency, be void.

Bonne journée!!!

[05/10/20]   Justice delayed is justice denied.

William E. Gladstone

[05/09/20]   What Are Human Rights?
Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. Everyone is entitled to these rights, without discrimination.

[05/06/20]   Did you know that under the Insolvency Act 2009 of Mauritius; when a company is undergoing liquidation, a creditor employee falls on the third rank in terms of priority of payment.*

*All the contents of this post and this page are for informational purposes only and are not legal advice or a substitute for legal counsel. This information is not intended to create, and receipt of it does not constitute, a counsel-client relationship.
You should not rely or act upon this information without seeking professional counsel.

All of us have been somehow affected by the pandemic-coronavirus (Covid-19).
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Inbox your queries.

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