of Corruption Act (Revised ) Act 57 (“PCA”) for corruptly Pencegah Rasuah (Akta 57), yang boleh dihukum di bawah. Hanipa berkata mengikut Seksyen 23 Akta Pencegahan Rasuah , wang diterima penjawat awam dianggap wang diterima bagi tujuan. Prevention of Corruption Act (Act 57)and Emergency (Essential (); Akta Pencegahan Rasuah (Akta ): & Anti-Corruption Act (Act ) .
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Presumption – Drug trafficking – Presumption under s. Service – Out of jurisdiction – Action begun by writ seeking audit accounts of estate of deceased person – Whether service out of jurisdiction permissible – Whether action for administration of estate of deceased – Whether deceased died domiciled within jurisdiction – Rules of the High CourtO. Government proceedings – Monetary judgment against government – Application to set aside order of suspension – Application for certificate under s.
Hukuman – Kesetimpalan hukuman – Rayuan silang terhadap kegagalan hakim bicara untuk mengenakan penalti di bawah s. Appearance – Unconditional appearance – Effect of – Whether defendant waived any irregularity in proceedings Lim Chon Beng v. Rokiah Mhd Noor v. Construction of statutes – Purposive approach – Presumed intention of statute – S. Proof – Carrying firearm while committing scheduled offence – Firearms Increased Penalties Acts.
Articles Legal Network Series Article s 4. Pembinaan Lian Keong Sdn Bhd v. Transfer – Void instruments – Wrongful and illegal transfer of land – Forged instruments – Property wrongfully and illegally sold to initial purchasers and transferred to another and was charged to bank – Default in repayment of loan – Property auctioned and sold again – Claim against initial purchasers of land by administrator of property in capacity as original proprietor – Whether registration of names of initial purchasers defeasible – Allegation that property no longer registered in names of initial purchasers – Whether s.
Kecuaian – Kemalangan jalan raya – Penentuan kecuaian – Perlanggaran antara motorsikal dan kereta – Motorsikal melanggar kereta yang diletak di tempat yang tidak diwartakan sebagai tempat letak kereta – Ketiadaan tanda amaran – Halangan kepada pengguna jalan raya yang lain – Sama ada terdapat kecuaian di pihak pemandu kereta yang meletakkan kereta di tempat yang tidak diwartakan dan mendatangkan bahaya kepada pengguna jalan raya yang lain.
Get this bulletin as email by going to http: Kerajaan Malaysia S Nantha Balan JC  6 CLJ [HC] Proceedings – Defamation suit – Defence – Reliance on facts in criminal case to support defences – Whether judgment in criminal case could be used as proof of fact in civil case – Whether judgment in another proceeding relevant to present civil proceeding – Evidence Acts.
Accident insurance – Personal accident insurance policy – Insured died of heart attack after he had a fall – Whether beneficiary could claim for payment under policy – Whether death by heart attack caused by heart disease and not covered by policy – Whether evidence showed that fall and not heart disease led to heart attack Amanah Raya Bhd v.
Parties – Intervention – Appeal against decision of sessions court judge allowing insurance company leave to intervene – Principles applicable – Whether insurance company had valid grounds to intervene – Whether sessions court judge correctly exercised discretion Thomas Alvin Cross v. Judicial review – Application for – Applicants co-authored letter that caused negative impression on Companies Commission of Malaysia – Disciplinary proceedings – Dismissal and demotion – Whether disciplinary proceedings conducted erroneously – Whether proper investigations carried out against applicants – Whether appropriate punishment meted out – Whether standard, burden and procedure in court should be similarly applied for a disciplinary action Rokiah Mhd Noor v.
Formation – Valid and binding agreement – Joint venture agreement executed by a bankrupt as employee of a company – Whether agreement entered by a bankrupt as an employee of a company is valid and binding.
Relevancy – Drug trafficking – Motive – Knowledge – Conduct of accused at time of arrest – Whether admissible to show accused had requisite knowledge of dangerous drugs – Evidence Acts.
Education Amendment Act Abd Hilmi Yaakub lwn. Get this bulletin as email by going to http: Global Upline Sdn Bhd v.
Rescission – No breach to justify rescission – Joint venture agreement – Damages – Whether there was any breach to justify rescission of pencegajan venture agreement – Whether expenses and losses incurred for entering into and undertaking joint venture agreement can be claimed upon rescission of joint venture agreement.
Defamation – Defence – Justification, qualified privilege and fair comment – Reliance on facts in criminal case to support defences – Whether plea in impugned paragraphs of defendants’ statements of defences contravened s. Separate legal entity – Lifting of corporate veil – Interest of justice – Special circumstances – Sole proprietorship – Director acting as alter ego of company – Whether corporate veil ought to be lifted in interest of justice – Whether director should be treated as one and same as company.
Resulting trust – Presumption – Existence of trust – Intention of parties – Whether true intentions of parties need to be determined to establish existence of trusts. To view previous issues of the CLJ Bulletin, Click here If you no longer wish to receive this email in the future, you may unsubscribe.
Akta pencegah rasuah 1961 (Akta 57) (pada lhb September 1985)
Charge – Defective charge – Charge incorporating two elements of actus reus – Whether rendered charge defective – Whether accused persons misled or prejudiced – Whether miscarriage of justice occasioned – Whether curable under s. Technologists And Technicians Act Dangerous Drugs Act – Section 39B 1 a – Trafficking in heroin – Custody and control – Proximity to bag containing drugs per se – Whether accused had animus possidendi of drugs – Whether could attract presumption of knowledge under s.
Rowstead Systems Sdn Bhd v. Jurisdiction – Registrar – Allowing a judgment in default application – Whether registrar had the authority to do so – Whether registrar had the jurisdiction to give a judgment in default order – Rules of the High CourtO.
Costs – Bill of costs – Taxation – Lapse of one year since date of delivery of bill – Whether solicitor precluded from petitioning for order of taxation – Whether bill ipso facto converted into a debt due to solicitor – Legal Profession Actss. Mohd Rosidi Mat Amin Collin Lawrence Sequerah JC  6 CLJ [HC] LAND LAW Transfer – Void instruments – Wrongful and illegal transfer of land – Forged instruments – Property wrongfully and illegally sold to initial purchasers and transferred to another and was charged to bank – Default in repayment of loan – Property auctioned and sold again – Claim against initial purchasers of land by administrator of property in capacity as original proprietor – Whether registration of names of initial purchasers defeasible – Allegation that property no longer registered in names of initial purchasers – Whether s.
Kembang Masyur Sdn Bhd lwn.
Remuneration – Bill of costs – Taxation – Lapse of one year since date 161 delivery of bill – Whether solicitor precluded from petitioning for order of taxation – Whether bill ipso facto converted into a debt due to solicitor – Legal Profession Actss.
Kerajaan Malaysia Civil Procedure – Government proceedings – Zkta proper to suspend judgment debt under proviso to s. Registration Of Engineers Amendment Regulations Capacity of bankrupt – Competency to manage company – Legal capacity – Capacity to enter into joint venture agreement – Whether a bankrupt is prohibited from entering a valid contract as an employee of a company CONTRACT: Ketua Pengarah Hasil Dalam Negeri v.
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To view a sample of the Sessions and Magistrates’ Cases journal, click here. Stay of proceedings – Special circumstances – Interim application pending hearing of appeal – Whether case came within meaning of special circumstances – Whether more expedient to allow a stay until rzsuah of appeal has been completed Rowstead Systems Sdn Bhd v.
Proof – Common intention – Dangerous drugs, trafficking in – All accused had access to bag containing dangerous drugs – Whether access per se could warrant finding of common intention – Whether finding flawed – Whether a misdirection Roslan Hanapi razuah. Beban pembuktian – Kes rasuah – Sama aktq beban bukti yang digunapakai dalam kes ini betul – Sama ada hakim bicara gagal menyatakan beban bukti bagi tujuan mematahkan anggapan di bawah s.
Securities Commission Amendment Act Writ of summons – Service out of jurisdiction – Whether leave to serve rqsuah required – Rules of the High CourtO. Jurisdiction – Forum conveniens – Beneficiary commenced action seeking audit accounts of estate of deceased against trustees in Singapore – Appropriate forum to adjudicate matter – Whether Malaysian or Singapore courts Dr Chan Chin Cheung v.