Bulletin_1

CLJ Bulletin, Vol 2005, Issue 1
7 January 2005

Introduction:
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New This Week -	1. CLJ January (Part 1) 2005

COURT

COURT OF APPEAL

Ayoromi Helen v. PP
(Criminal law - Dangerous Drugs Act 1952 - Section 39B - Failure to cross-examine defence on material parts – Whether trial judge erred in rejecting defence) [2005] 1 CLJ 1

Harcharan Singh & Anor v. PP
(Penal Code - Section 302 - Murder - Appeal against conviction and sentence - Conviction based on evidence of witness - Whether witness was an active accessory after the fact - Whether evidence required corroboration) [2005] 1 CLJ 11

HLB Nominees (Tempatan) Sdn Bhd v. SJA Bhd & Anor And Another Appeal
(Company law - Meetings - Enlargement of time to hold EGM granted by court - Whether enlargement granted was not proper as notice to hold meeting was declared null and void) [2005] 1 CLJ 23

Utusan Melayu (Malaysia) Bhd & Ors v. Tjanting Handicraft Sdn Bhd & Anor
(Tort - Defamation - Publication of article in magazine - Whether article was defamatory - Whether fair comment and justification inapplicable - Whether award of RM1.3 million excessive) [2005] 1 CLJ 71

SUBJECT INDEX

CIVIL PROCEDURE

Functus officio - Jurisdiction of judge - Jurisdiction of judge to grant order for enlargement of time to hold company meeting - Whether judge functus officio in view of earlier order that notice to hold meeting was null and void - Whether principles of res judicata and estoppel applicable
HLB Nominees (Tempatan) Sdn Bhd v. SJA Bhd & Anor And Another Appeal
(Mokhtar Sidin, Abdul Aziz Mohamad & Hashim Yusoff JJCA) [2005] 1 CLJ 23 [CA]

COMPANY LAW

Meetings - Enlargement of time to hold EGM granted by court - Whether enlargement granted was not proper as notice to hold meeting was declared null and void - Companies Act 1965, ss. 144(3), 355
HLB Nominees (Tempatan) Sdn Bhd v. SJA Bhd & Anor And Another Appeal
(Mokhtar Sidin, Abdul Aziz Mohamad & Hashim Yusoff JJCA) [2005] 1 CLJ 23 [CA]

Meetings - Extraordinary general meeting - Convening of meeting within there months - Whether three months to commence from date of deposit of requisition or after 21 days from date of deposit of requisition - Companies Act 1965, s. 144(3)
HLB Nominees (Tempatan) Sdn Bhd v. SJA Bhd & Anor And Another Appeal
(Mokhtar Sidin, Abdul Aziz Mohamad & Hashim Yusoff JJCA) [2005] 1 CLJ 23 [CA]

CRIMINAL LAW

Dangerous Drugs Act 1952 - Section 39B - Trafficking in 1713.9 g heroin - Appeal against conviction and sentence - Failure to cross-examine defence on material parts - Whether trial judge erred in rejecting defence - Whether conviction and sentence set aside
Ayoromi Helen v. PP
(Richard Malanjum, Augustine Paul JJCA & Hasan Lah J) [2005] 1 CLJ 1 [CA]

Penal Code - Section 302 - Murder - Appeal against conviction and sentence - Conviction based on evidence of witness - Whether witness was an active accessory after the fact - Whether evidence required corroboration - Whether conviction and sentence set aside
Harcharan Singh & Anor v. PP
(Mokhtar Sidin, Mohd Ghazali Yusoff & Augustine Paul JJCA) [2005] 1 CLJ 11 [CA]

CRIMINAL PROCEDURE

Defence - Failure to cross-examine defence on material parts - Whether conviction and sentence set aside - Dangerous Drugs Act 1952, s. 39B - Evidence Act 1950, s. 32(1)(i)
Ayoromi Helen v. PP
(Richard Malanjum, Augustine Paul JJCA & Hasan Lah J) [2005] 1 CLJ 1 [CA]

EVIDENCE

Witness - Corroboration - Whether witness was an active accessory after the fact - Whether evidence required corroboration - Whether conviction for murder rendered unsafe
Harcharan Singh & Anor v. PP
(Mokhtar Sidin, Mohd Ghazali Yusoff & Augustine Paul JJCA) [2005] 1 CLJ 11 [CA]

TORT

Defamation - Publication of article in magazine - Whether article was defamatory - Whether fair comment and justification inapplicable - Whether malice proved - Whether award of RM1.3 million excessive - Whether award on aggravated damages proper - Whether separate awards under head of innuendo for slander of goods and libel warranted
Utusan Melayu (Malaysia) Bhd & Ors v. Tjanting Handicraft Sdn Bhd & Anor
(Mokhtar Sidin, Arifin Zakaria & Nik Hashim JJCA) [2005] 1 CLJ 71 [CA]

CASE OF THE WEEK

HARMENDERPALL SINGH A/L JAGARA SINGH v. PP

Section 41(5) of the Road Transport Act 1987 - Whether inconsistent with Article 5(1) and Article 8(1) of the Federal Constitution

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