Section 82: Supreme Court and subordinate Courts
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;
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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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Questions this section answers
- Can I appeal a District or Intermediate Court decision to the Supreme Court?