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Section 82: Supreme Court and subordinate Courts

Constitution · CHAPTER VII: THE JUDICATURE

consolidated text (as at 2017). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

82. Supreme Court and subordinate Courts (1) The Supreme Court shall have jurisdiction to supervise any civil or criminal proceedings before any subordinate Court and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of ensuring that justice is duly administered by any such Court. (2) An appeal shall lie to the Supreme Court from decisions of subordinate Courts in the following cases— (a) as of right from any final decision in any civil proceedings; (b) as of right from any final decision in criminal proceedings whereby any person is adjudged to pay a fine of or exceeding such amount as may be prescribed or to be imprisoned with or without the option of a fine; (c) by way of case stated, from any final decision in criminal proceedings on the ground that it is erroneous in point of law or in excess of jurisdiction; and (d) in such other cases as may be prescribed: Provided that an appeal shall not lie to the Supreme Court from the decision given by a subordinate Court in any case where, under any law— (i) an appeal lies as of right from that decision to the Court of Appeal; [Issue 1] CON – 60 Revised Laws of Mauritius (ii) an appeal lies from that decision to the Court of Appeal with the leave of the Court that gave the decision or of some other Court and that leave has not been withheld; (iii) an appeal lies as of right from that decision to another subordinate Court; or (iv) an appeal lies from that decision to another subordinate Court with the leave of the Court that gave the decision or of some other Court and that leave has not been withheld.

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