AKTA WASIAT 1959 PDF

Feel free to forward this to your colleagues. The Government of Malaysia that s. The Government of Malaysia - Whether majority judgment created binding precedent - Whether dissenting judgment could be accepted as correct state of law over majority judgment. EVIDENCE: Adverse inference - Failure of prosecution to call witness - Ker Li and her mother, who were both with PW at the time of the assault, not called to testify - Whether these 2 witnesses were essential witnesses to unfold the full narrative of prosecution's case - Whether an exercise in redundancy to call both witnesses - Whether adverse inference rule should be invoked in favour of 4 accused persons.

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Feel free to forward this to your colleagues. The Government of Malaysia that s. The Government of Malaysia - Whether majority judgment created binding precedent - Whether dissenting judgment could be accepted as correct state of law over majority judgment.

EVIDENCE: Adverse inference - Failure of prosecution to call witness - Ker Li and her mother, who were both with PW at the time of the assault, not called to testify - Whether these 2 witnesses were essential witnesses to unfold the full narrative of prosecution's case - Whether an exercise in redundancy to call both witnesses - Whether adverse inference rule should be invoked in favour of 4 accused persons.

COMPANY LAW: Winding up - Petition - Notice of intention to appear - Application for special leave to be granted to respondent - Whether respondent had shown special circumstances warranting leave - Whether provision of Winding-Up Rules on Notice of Intention to Appear unclear - 2 schools of thoughts - Whether open to respondent to adopt which approach it preferred - Whether there was a blatant or deliberate disregard of the Winding-Up Rules by respondent or its solicitors in failing to serve the Notice of Intention to Appear under r.

Nanda Kumar K Kaliapan v. Lau Suet Wan v. Hong Leong Assurance Bhd Insurance - Claims - High Court order pronouncing husband was missing and presumed dead obtained by wife - Insurance company refused claim stating policies had lapsed - Whether wife entitled to claim under policies [] 2 CLJ [HC]. Setarabakat Sdn Bhd v. Voon Lee Shan v. Damages - Assessment of damages - Malicious prosecution - Compensatory damages - Whether amount of damages proved - Whether evidence adduced to assist court in quantifying damages - Whether plaintiff suffered injury to reputation and feelings - Whether nominal and exemplary damages awarded Voon Lee Shan v.

Winding-up - Petition - Petition resisted by respondent and contributory - Affidavits in opposition affirmed by contributory - Whether affidavit in opposition on behalf of respondent could be affirmed by contributory as an agent of necessity - Whether trustee had authority to act as agent of necessity - Whether contributory entitled to oppose petition - Whether personal interest of contributory affected - Whether there was need to send invoices pertaining to amount due as claimed in notice - Whether petitioner's claim must be supported by court's judgment - Whether secured creditor could proceed to wind-up respondent - Whether there was bona fide dispute of debt Setarabakat Sdn Bhd v.

Fundamental - Freedom of expression - Whether limited - Whether subject to restrictions - Whether there was balance between protection of reputation and freedom of expression - Whether defence of fair comment, justification and privilege exist as protection to freedom of expression - Federal Constitution, art.

Penal Code - Section - Murder - Prima facie case - Whether established - Witnesses' testimony that deceased had been attacked by appellants with parang - Whether appellants were properly and positively identified - Witnesses' failure to state in oral evidence that one appellant wore helmet - Whether failure of witnesses to give exact details a ground for rejecting entire evidence - Identification parade - Failure of prosecution to call police witnesses during identification parade - Whether fatal - Whether appellants properly identified as perpetrators of crime Nanda Kumar K Kaliapan v.

Appeal - Conviction and sentence - Murder - Prima facie case - Whether established - Witnesses' testimony that deceased had been attacked by appellants with parang - Whether appellants were properly and positively identified - Witnesses' failure to state in oral evidence that one appellant wore helmet - Whether failure of witnesses to give exact details a ground for rejecting entire evidence - Identification parade - Failure of prosecution to call police witnesses during identification parade - Whether fatal - Whether appellants properly identified as perpetrators of the crime Nanda Kumar K Kaliapan v.

Forfeiture - Dangerous drugs - Seizure of property - Application under s. Identification parade - Conduct of - Identification of accused persons - Whether properly and positively identified - Failure of prosecution to call police witnesses during identification parade - Whether fatal - Whether there was sufficient evidence on identification of accused persons - Whether accused persons properly identified as perpetrators of crime Nanda Kumar K Kaliapan v.

Witness - Identification of accused persons - Whether properly and positively identified - Witnesses' failure to state in oral evidence that one appellant wore helmet - Whether failure of witnesses to give exact details a ground for rejecting entire evidence - Whether there was sufficient evidence on identification of accused persons - Whether accused persons properly identified as perpetrators of crime Nanda Kumar K Kaliapan v.

Claims - Lapse of time - Insured person took two life insurance policies before going missing and named wife as nominee - Wife claimed under policies from insurance company - Requirement set by insurance company that wife must produce court order to confirm husband was missing and statutorily presumed dead - High Court order pronouncing husband was missing and presumed dead obtained by wife - Insurance company refused claim stating policies had lapsed - Whether wife notified of lapse - Whether wife entitled to claim under policies Lau Suet Wan v.

Malicious prosecution - Element of action - Plaintiff charged under s. Tuan Mat Tuan Ismail v. Debaroti Das Gupta v. The Store M Sdn Bhd v. Pleadings - Striking out parts of defence - Application for - Action for defamation - Defence of justification and qualified privilege raised by defence - Allegation that defence frivolous and abuse of court process - Whether formed part of or arose from specific charges conveyed by words complained of as pleaded - Whether impugned articles published in paper had connection with issues raised in defence - Whether defendant's reliance on specific paragraph in defence relevant - Rules of Court , O.

Receivership - Sale of company's assets by receiver and manager - Whether bona fide - Whether validation order should be granted - Companies Act , s. Compensation and damages - Tort - Police officers assaulted arrested person during course of interrogation - Arrested person sustained bodily and psychological injuries - Conviction for offence of voluntarily causing hurt to arrested person to extort confession - Penal Code, ss.

Employment - Termination of employment - Whether branch manager in breach of fiduciary duties by misusing company's funds - Whether branch manager in breach of company's rules and policies - Whether element of dishonesty existed - Whether company reasonable in dismissing branch manager - Whether other avenues of punishment open to company - Branch manager's employment record with company - Whether dismissal with just cause and excuse - Industrial Relations Act , ss.

Charge - Creation of - Third party charge - Restriction in interest on document of title - Whether condition for exemption to restriction satisfied - Whether charge valid and enforceable Tuan Mat Tuan Ismail v. Management property - Common property - Joint Management Body 'JMB' - Plaintiffs' unit in condominium broken into - Whether defendant as JMB had duty to manage and maintain individual units - Whether defendant duty bound only to maintain common property - Whether defendant owed any duty to plaintiffs in relation to security of their unit - Whether there was breach of statutory duty - Whether defendant liable for losses sustained in plaintiffs' own unit - Whether JMB a public authority - Whether Building and Common Property Maintenance and Management Act excludes private law remedy - Building and Common Property Maintenance and Management Act , ss.

Administration of estates - Appointment of additional administrator - Proceedings - Preliminary objection - Commencement of action - Whether plaintiff's action a probate action - Whether plaintiff followed proper procedure under O. Assault - Assault by public servant in course of employment - Police officers assaulted arrested person during course of interrogation - Arrested person sustained bodily and psychological injuries - Conviction for offence of voluntarily causing hurt to arrested person to extort confession - Penal Code, ss.

Defamation - Action for defamation - Pleadings - Striking out parts of defence - Application for - Defence of justification and qualified privilege raised by defence - Allegation that defence frivolous and abuse of court process - Whether formed part of or arose from specific charges conveyed by words complained of as pleaded - Whether impugned articles published in paper had connection with issues raised in defence - Whether defendant's reliance on specific paragraph in defence relevant - Rules of Court , O.

Negligence - Duty of care - Plaintiffs' unit in condominium broken into - Whether defendant as Joint Management Body 'JMB' had duty to manage and maintain individual units - Whether defendant duty bound only to maintain common property - Whether defendant owed any duty to plaintiffs in relation to security of their unit - Whether there was breach of statutory duty - Whether defendant liable for losses sustained in plaintiffs' own unit - Whether JMB a public authority - Whether Building and Common Property Maintenance and Management Act excludes private law remedy - Building and Common Property Maintenance and Management Act , ss.

Vicarious liability - Liability of government - Acts of police officers - Police officers convicted for offence under ss. 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.

Articles a Legal Network Series Article s 4. PP Mohtarudin Baki, Rohana Yusuf, Tengku Maimun JJCA [] 2 CLJ [CA] Pleadings - Striking out parts of defence - Application for - Action for defamation - Defence of justification and qualified privilege raised by defence - Allegation that defence frivolous and abuse of court process - Whether formed part of or arose from specific charges conveyed by words complained of as pleaded - Whether impugned articles published in paper had connection with issues raised in defence - Whether defendant's reliance on specific paragraph in defence relevant - Rules of Court , O.

Legal Network Series Article s 1. Netting Of Financial Agreements Act Finance No. Akta Cukai Barang Dan Perkhidmatan Quantity Surveyors Amendment Act Architects Amendment Act Not Yet In Force except for paragraphs 3 d and p and section 23 come into operation on 1 June Registration Of Engineers Amendment Act Limited Liability Partnership Amendment Act Income Tax Exemption Amendment Order Income Tax Exemption Order Customs Duties Amendment Order Notice To Third Parties.

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