Legal Network Series

[2010] 1 LNS 201	CHOW SECK KAI v. ALLIED CAPITAL SENDIRIAN BERHAD	COMPANY LAW: Winding up - Petition - Failure to pay judgment sum - Limitation raised - Petitioner's preliminary objection to respondent's affidavits for being out of time - Whether opposing affidavits could not be considered - Whether arguments raised by respondent must fail CIVIL PROCEDURE: Limitation - Contention that judgment not enforceable as more than 12 years and barred by Limitation Act 1953 - Delay due to stay, postponements and injunction - Whether respondent applied for the stay, postponements and injunction - Whether respondent estopped by own conduct from raising this issue
[2010] 1 LNS 740	TOP SPEED HOLDING SDN BHD v. CONLAY CONSTRUCTION SDN BHD	ARBITRATION: Award - Setting aside - Part of interim final award - Interest awarded on full sum of Final Certificate when respondent only pleaded for part payment - Whether interest payable on two sums of RM395,755.04 and RM344,709.37 - Whether Arbitrator considered relevant provisions of Contract when awarding interest prayed for on RM395,755.04 - Whether Arbitrator erred when awarding interest on RM344,709.37 to respondent - Whether an error of law requiring the Court to interfere and set aside that part of the Award
[2010] 1 LNS 849	SUBRAMANIAM KALI v. PP	CRIMINAL PROCEDURE: Appeal - Appeal against conviction and sentence - Trial judge's findings that appellant created a dangerous situation and was at fault in creating the situation - Whether magistrate wrong in coming to that conclusion - Whether defence cast any doubt on the prosecution's case - Whether appellant rightly convicted by the trial court - Sentence imposed not much more than statutory minimum - Whether any ground for interference - Whether sentence manifestly excessive
[2010] 1 LNS 1220	CL PERTAMA DEVELOPMENT SDN BHD v. THE TRIBUNAL FOR HOME BUYER/HOUSING PURCHASER CLAIMS AT KOTA KINABALU & ORS	ADMINISTRATIVE LAW: Judicial review - Application for - To set aside decision of 1st respondent - Claim before Housing Tribunal - Whether buyers' claim should be before the court rather than with 1st respondent - Whether buyers' claim was simply a claim of misrepresentation - Whether buyers knew that part of the land had a steep slope and was not usable - Whether 1st respondent erred in law and fact in its decision
[2010] LNS 1 1677	NG JOO SOON @ NGA JU SOON v. DEVECHEM HOLDINGS (M) SDN BHD & ORS	CIVIL PROCEDURE: Transfer of action - From one High Court to another - Consolidation - Two proceedings progressing separately - Different parties involved - Whether two proceedings were distinct and different - Whether different issues under consideration - Whether unsuitable and undesirable that Petition be transferred to Shah Alam to be consolidated and heard concurrently with Shah Alam suit - Petition already primed for disposal - Whether saving costs and time

CLJ 2012 Volume 9 (Part 1)

COURT

SC India

Ponnala Lakshmaiah v. Kommuri Pratap Reddy & Ors
TS Thakur, Gyan Sudha Misra JJ
(Election - Election Petition/Trial - Maintainability/Preliminary objections - Purity of election process) [2012] 9 CLJ 1 [SC India]

FEDERAL COURT

Dynacraft Industries Sdn Bhd v. Kamaruddin Kana Mohd Sharif & Ors
Hashim Yusoff, Abdull Hamid Embong, Ahmad Maarop FCJJ
(Labour Law - Employment - Dismissal - Retrenchment - Claim for reinstatement) [2012] 9 CLJ 21 [FC]

COURT OF APPEAL

Demag (M) Sdn Bhd v. Greenlinx Sdn Bhd
KN Segara, Clement Skinner, Anantham Kasinather JJCA
(Civil Procedure; Legal Profession - Absence of party - Discharge of solicitors - Procedure) [2012] 9 CLJ 49 [CA]

Fadil Bachok v. PP
Malik Ishak, Clement Skinner, Azahar Mohamed JJCA
(Criminal Law - Dangerous Drugs Act 1952, s. 39B(2) - Trafficking in 744 grams cannabis - Accused threw package containing drugs from window) [2012] 9 CLJ 65 [CA]

Ranbaxy (Malaysia) Sdn Bhd v. E.I Du Pont Nemours & Co
Ramly Ali, Clement Skinner, Mohtarudin Baki JJCA
(Civil Procedure; Patents - Trial - Witnesses - Disclosure - Insufficient disclosure - Application to invalidate claims) [2012] 9 CLJ 79 [CA]

HIGH COURT

Arul Balasingam v. Ampang Puteri Specialist Hospital Sdn Bhd
Prasad Sandosham Abraham J
(Arbitration - Agreement - Referral of dispute to arbitration - Termination as consultant anesthetist) [2012] 9 CLJ 108 [HC]

Dato' Low Tuck Choy v. Bursa Malaysia Bhd
Mohd Zawawi Salleh J
(Administrative Law - Judicial Review - Certiorari - Application to quash decision by Bursa Securities) [2012] 9 CLJ 119 [HC]

O & A Impex Pte Ltd v. PP
Sofian Abd Razak J
(Customs And Excise; Criminal Procedure - Seizure of goods - Customs investigation - Beers and cigarettes) [2012] 9 CLJ 129 [HC]

SUBJECT INDEX

ADMINISTRATIVE LAW

Judicial Review - Certiorari - Application to quash decision by Bursa Securities - Breach of Listing Requirements by applicant - Imposition of fine - Whether Bursa's action within prescribed principles of law - Whether there was procedural impropriety in decision making by Bursa - Whether relevant facts and circumstances considered before decision made
Dato' Low Tuck Choy v. Bursa Malaysia Bhd
(Mohd Zawawi Salleh J) [2012] 9 CLJ 119 [HC]

ARBITRATION

Agreement - Referral of dispute to arbitration - Termination of plaintiff as consultant anesthetist - Whether there was proper inquiry or investigation by defendant's Hospital Clinical Governance Committee - Whether there were bona fide serious issues raised - Whether justiciable by way of arbitration - Order sought to stay the effect of notice of termination pending arbitration - Whether there were matters a proposed arbitrator could deal with at appropriate time - Arbitration Act 2005, s. 18
Arul Balasingam v. Ampang Puteri Specialist Hospital Sdn Bhd
(Prasad Sandosham Abraham J) [2012] 9 CLJ 108 [HC]

CIVIL PROCEDURE

Absence of party - Absence of plaintiff - Striking out of claim - Genuine belief that trial would not proceed due to absence of defendant's witness - Plaintiff's counsel present in court - Whether judge erred in proceeding with trial immediately after allowing plaintiff's solicitor's oral application for discharge - Whether judge erred in striking out plaintiff's claim and allowing defendant's counterclaim - Whether judge erred in refusing to allow adjournment of trial - Whether amounted to serious miscarriage of justice
Demag (M) Sdn Bhd v. Greenlinx Sdn Bhd
(KN Segara, Clement Skinner, Anantham Kasinather JJCA) [2012] 9 CLJ 49 [CA]

Trial - Absence of parties - Absence of plaintiff at trial - Consequences of - Genuine belief that trial would not proceed due to absence of defendant's witness - Plaintiff's counsel present in court - Whether judge erred in proceeding with trial immediately after allowing plaintiff's solicitor's oral application for discharge - Whether judge erred in striking out plaintiff's claim and allowing defendant's counter claim - Whether judge erred in refusing to allow adjournment of trial - Whether amounted to serious miscarriage of justice
Demag (M) Sdn Bhd v. Greenlinx Sdn Bhd
(KN Segara, Clement Skinner, Anantham Kasinather JJCA) [2012] 9 CLJ 49 [CA]

Trial - Witnesses - Whether party to a civil proceeding must personally attend court and give evidence - Whether failure of party to give evidence personally was fatal to the party's case
Ranbaxy (Malaysia) Sdn Bhd v. E.I Du Pont Nemours And Company
(Ramly Ali, Clement Skinner, Mohtarudin Baki JJCA) [2012] 9 CLJ 79 [CA]

CRIMINAL LAW

Dangerous Drugs Act 1952, s. 39B(2) - Trafficking in 744 grams cannabis - Accused threw package containing drugs from window - Whether accused had knowledge about drugs - Whether trial judge erred in his decision for convicting accused - Whether trial judge judicially appreciated evidence of witnesses - Whether evidence from those related to accused carefully scrutinised - Whether accused had custody and control of drugs - Whether appellate interference required - Whether decision of trial court affirmed
Fadil Bachok v. PP
(Malik Ishak, Clement Skinner, Azahar Mohamed JJCA) [2012] 9 CLJ 65 [CA]

CRIMINAL PROCEDURE

Customs investigation - Seizure of goods - Beers and cigarettes - Whether vessel carrying goods within area gazetted and governed by Free Zone Act 1990 and Free Zone Rules 1991 - Whether Customs Act 1967 applicable - Incorrect declaration in inwards manifest - Whether an offence under s. 133(1)(a) Customs Act 1967 - Customs Act 1967, s. 26
O & A Impex Pte Ltd v. PP
(Sofian Abd Razak J) [2012] 9 CLJ 129 [HC]

CUSTOMS AND EXCISE

Seizure - Seizure of goods - Beers and cigarettes - Customs investigation - Whether vessel carrying goods within area gazetted and governed by Free Zone Act 1990 and Free Zone Rules 1991 - Whether Customs Act 1967 applicable - Incorrect declaration in inwards manifest - Whether offence under s. 133(1)(a) Customs Act 1967 - Customs Act 1967, s. 26
O & A Impex Pte Ltd v. PP
(Sofian Abd Razak J) [2012] 9 CLJ 129 [HC]

ELECTION

Election Petition/Trial - Burden of proof - Reiterated, is on election petitioner
Ponnala Lakshmaiah v. Kommuri Pratap Reddy & Ors
(TS Thakur, Gyan Sudha Misra JJ) [2012] 9 CLJ 1 [SC India]

Election Petition/Trial - Maintainability/Preliminary objections - Cause of action - If present - Material facts and particulars - Distinction, reiterated - Election petition raising triable issues but supported with improper affidavit - Whether can be dismissed on technical grounds - Curability of technical defects - Improper counting of votes - Allegation of irregularity and illegality in counting votes supported with ample evidence - High Court held that prima facie case was made out for re-counting and question of rejection of election petition at threshold did not arise and permitting election petitioner to cure technical defects in petition - Sustainability of - Reiterated, full and comprehensive view of pleadings is to be taken for determination as to existence of cause of action - Averments in petition cannot be read out of context or in isolation - A defect in verification of election petition or affidavit accompanying election petition is curable, hence, the same is not sufficient to justify dismissal of election petition at threshold, if otherwise cause of action is disclosed in petition - Material facts and not particulars are required to be incorporated in pleadings - Held, in present case as material facts have already been enumerated in election petition, statutory requirement is therefore satisfied - Thus, High Court was right in refusing to dismiss petition in limine on ground that it disclosed no cause of action - Representation of the People Act, 1951 - Sections 83, 86, 123 and 100 - Civil Procedure Code, 1908 - O. 7 r. 11 - Conduct of Elections Rules, 1961, r. 94-A
Ponnala Lakshmaiah v. Kommuri Pratap Reddy & Ors
(TS Thakur, Gyan Sudha Misra JJ) [2012] 9 CLJ 1 [SC India]

Election Petition/Trial - Maintainability/Preliminary objections - Defect in verification/affidavit - Need to raise at earliest stage - Conduct of Elections Rules, 1961 - R. 94-A - Representation of the People Act, 1951, s. 83(1)
Ponnala Lakshmaiah v. Kommuri Pratap Reddy & Ors
(TS Thakur, Gyan Sudha Misra JJ) [2012] 9 CLJ 1 [SC India]

Election Petition/Trial - Maintainability/Preliminary objections - Non-filing of affidavit in prescribed form - Whether fatal - Averments supported by affidavit under other provisions of law than those prescribed - Substantial compliance - Reiterated, non-compliance with s. 83, RP Act, 1951 does not attract dismissal of election petition in terms of s. 86 thereof - Defect if any in verification of affidavit filed in support of petition is not fatal, despite fact that s. 83(1) proviso RP Act is couched in a mandatory form - Rather, it is curable - Representation of the People Act, 1951 - Sections 83(1) and 86 - Conduct of Elections Rules, 1961, R. 94-A
Ponnala Lakshmaiah v. Kommuri Pratap Reddy & Ors
(TS Thakur, Gyan Sudha Misra JJ) [2012] 9 CLJ 1 [SC India]

Election Petition/Trial - Maintainability/Preliminary objections - Purity of election process - Consideration of - Practice by returned candidates of seeking dismissal of election petitions in limine on technical grounds or prolonging of proceedings - Need for courts to avoid hypertechnical approach - Held, courts have to guard against such attempts - Courts are, therefore, duty-bound to examine allegations of irregularities or illegalities in election process or corrupt practice(s) whenever the same are raised in an election petition within framework of RP Act, 1951 without being unduly hypertechnical in their approach and without being oblivious of ground realities - Representation of the People Act, 1951 - Sections 100, 123, 81, 82 and 117 - Conduct of Elections Rules, 1961, r. 94-A
Ponnala Lakshmaiah v. Kommuri Pratap Reddy & Ors
(TS Thakur, Gyan Sudha Misra JJ) [2012] 9 CLJ 1 [SC India]

LABOUR LAW

Employment - Dismissal - Retrenchment - Claim for reinstatement - Whether employees' past services with previous employer improperly ignored - Sale of business by previous employer to present employer - Employees given continued employment with a different entity with recognition of previous years of service - Determination of date of commencement of employment - Whether breach of LIFO rule - Whether dismissal without just cause and excuse
Dynacraft Industries Sdn Bhd v. Kamaruddin Kana Mohd Sharif & Ors
(Hashim Yusoff, Abdull Hamid Embong, Ahmad Maarop FCJJ) [2012] 9 CLJ 21

LEGAL PROFESSION

Discharge of solicitors - Procedure - Discharge of solicitors only complete upon service of the order - Whether judge erred in proceeding with trial immediately after allowing plaintiff's solicitor's oral application for discharge - Whether amounted to serious miscarriage of justice - Rules of the High Court 1980, O. 64 r. 5(1)
Demag (M) Sdn Bhd v. Greenlinx Sdn Bhd
(KN Segara, Clement Skinner, Anantham Kasinather JJCA) [2012] 9 CLJ 49 [CA]

PATENTS

Disclosure - Insufficient disclosure - Application to invalidate claims - Whether claim invalid and unenforceable - Whether disclosure insufficient - Whether disclosure unclear to be understood and performed by person having ordinary skill in the art - Whether patent description did not support claims - Test of inherent disclosure - Whether requirement as to "advantageous effects" fulfilled - Relevant date for construing claim - Patents Act 1983, ss. 23, 30, 56(2)(b) - Patents Regulations 1986, regs. 12(1)(c), 13(1), 27(A)
Ranbaxy (Malaysia) Sdn Bhd v. E.I Du Pont Nemours And Company
(Ramly Ali, Clement Skinner, Mohtarudin Baki JJCA) [2012] 9 CLJ 79 [CA]

CLJ 2012 Volume 9 (Part 2)

COURT

FEDERAL COURT

Soorya Kumar Narayanan & Anor v. PP
Richard Malanjum CJ (Sabah & Sarawak), Hashim Yusoff, Abdull Hamid Embong FCJJ
(Criminal Law; Criminal Procedure - Trafficking in - Defence) [2012] 9 CLJ 141 [FC]

COURT OF APPEAL

Economic Development (Low Cost Houses) Sdn Bhd v. Majlis Perbandaran Seberang Perai
Low Hop Bing, Syed Ahmad Helmy, Balia Yusof Wahi JJCA
(Civil Procedure; Land Law; Limitation - Specific performance - Transfer of land - Condition to surrender land) [2012] 9 CLJ 158 [CA]

Jaafar Sidek Darus v. PP
KN Segara, Mohamed Apandi Ali, Balia Yusoff Wahi JJCA
(Criminal Law - Dangerous Drugs Act 1952 - Section 39B(1)(a) - Trafficking in cannabis - Conviction and sentence - Appeal against) [2012] 9 CLJ 168 [CA]

Jalaluddin Ismail v. Ketua Pengarah Perkhidmatan Awam, Malaysia & Anor
Ramly Ali, Azahar Mohamed, Balia Yusof Wahi JJCA
(Administrative Law; Constitutional Law; Public Servants - Rights and liabilities - Dismissal in public interest - Pensions) [2012] 9 CLJ 183 [CA]

Riviera Promotions Sdn Bhd v. Genting Perkasa Sdn Bhd & Ors
Abdul Malik Ishak, Azahar Mohamed, Anantham Kasinather JJCA
(Civil Procedure - Damages - Assessment of damages) [2012] 9 CLJ 208 [CA]

HIGH COURT

Kerajaan Malaysia v. PJBumi Composites Sdn Bhd
Sofian Abd Razak J
(Civil Procedure; Revenue Law - Summary judgment - Income tax) [2012] 9 CLJ 219 [HC]

Mohd Azam Mohd Yasin v. PP
Su Geok Yiam J
(Criminal Law; Criminal Procedure; Evidence - Corruption - Appeal - Burden of proof) [2012] 9 CLJ 234 [HC]

PP v. Othman A Aziz
Mohd Zaki Wahab JC
(Criminal Law; Criminal Procedure; Evidence - Murder - Penal Code, s. 302 - Defence - Unsoundness of mind) [2012] 9 CLJ 262 [HC]

SUBJECT INDEX

ADMINISTRATIVE LAW

Rights and liabilities of public servants - Dismissal - Dismissal in public interest - Dismissal of Ketua Penolong Pengarah, Institut Alam Sekitar Malaysia - Whether provisions of reg. 49 of Public Officers (Conduct and Discipline) Regulations 1993 complied with - Whether termination null and void - Whether first respondent a proper disciplinary authority - Whether appellant given right to be heard - Whether appellant to be given copy of report from head of department
Jalaluddin Ismail v. Ketua Pengarah Perkhidmatan Awam, Malaysia & Anor
(Ramly Ali, Azahar Mohamed, Balia Yusof Wahi JJCA) [2012] 9 CLJ 183 [CA]

CIVIL PROCEDURE

Damages - Assessment of damages - Appeal against - Plaintiff awarded nominal damages of RM10 in lieu of specific performance - Whether award represented substitution for specific performance - Whether plaintiff entitled to substantial damages - Whether there was a binding and enforceable agreement between plaintiff and defendants - Whether damages awarded should be based on difference in value of property or loss of profit
Riviera Promotions Sdn Bhd v. Genting Perkasa Sdn Bhd & Ors
(Abdul Malik Ishak, Azahar Mohamed, Anantham Kasinather JJCA) [2012] 9 CLJ 208 [CA]

Specific performance - Transfer of land - Land development - Condition to surrender land - Whether condition ultra vires - Town and Country Planning Act 1976, ss. 22(1) and 22(5)(h) - Public amenities on plot of land - Whether structures on plot illegal - Whether specific performance should have been refused
Economic Development (Low Cost Houses) Sdn Bhd v. Majlis Perbandaran Seberang Perai
(Low Hop Bing, Syed Ahmad Helmy, Balia Yusof Wahi JJCA) [2012] 9 CLJ 158 [CA]

Summary judgment - Income tax - Claim for arrears of taxable income due and payable under self-assessment scheme - Whether triable issues raised - Rules of the High Court 1980, O. 14 r. 1
Kerajaan Malaysia v. PJBumi Composites Sdn Bhd
(Sofian Abd Razak J) [2012] 9 CLJ 219 [HC]

CONSTITUTIONAL LAW

Public servants - Termination of service 'in the public interest' - Dismissal of Ketua Penolong Pengarah, Institut Alam Sekitar Malaysia - Whether provisions of reg. 49 of Public Officers (Conduct and Discipline) Regulations 1993 complied with - Whether first respondent a proper disciplinary authority - Whether appellant given right to be heard - Whether appellant to be given copy of report from head of department - Federal Constitution, art. 135(2)
Jalaluddin Ismail v. Ketua Pengarah Perkhidmatan Awam, Malaysia & Anor
(Ramly Ali, Azahar Mohamed, Balia Yusof Wahi JJCA) [2012] 9 CLJ 183 [CA]

CRIMINAL LAW

Corruption - Corruptly receiving gratification - Whether trial judge applied correct burden on defence - Whether trial judge erred in requiring appellant to prove innocence - Whether trial judge erred in admitting taped recording of phone conversation and transcript - Whether voices in tape recording identified - Whether appellant's explanation consistent with innocence - Whether appellant raised doubt over prosecution case - Whether conviction and sentence safe - Anti-Corruption Act 1997, s. 11(a)
Mohd Azam Mohd Yasin v. PP
(Su Geok Yiam J) [2012] 9 CLJ 234 [HC]

Dangerous Drugs Act 1952 - Section 39B(1)(a) - Trafficking in cannabis - Conviction and sentence - Appeal against - Whether appellant had exclusive possession of drugs - Appellant's conduct in not fleeing from police upon being stopped - Whether unequivocally showed innocence - Whether presumption under s. 37(da) of the Dangerous Drugs Act 1952 correctly invoked - Appellant's failure to suggest drugs belonged to others as defence during prosecution's case - Whether fatal to defence
Jaafar Sidek Darus v. PP
(KN Segara, Mohamed Apandi Ali, Balia Yusoff Wahi JJCA) [2012] 9 CLJ 168 [CA]

Dangerous Drugs Act 1952 - Section 39B(1)(a) - Trafficking in 197,246.9 grams of cannabis - Appellants arrested after loading sacks containing dangerous drug onto lorry - Control and custody - Possession - Presumption of knowledge under s. 37(d) - Sheer weight of drug - Whether supported inference of trafficking - PP v. Abdul Manaf Muhamad Hassan - Whether applicable - Whether distinguishable - Dangerous Drugs Act 1952, ss. 6, 37(d), 39A, 39B(1)(a)
Soorya Kumar Narayanan & Anor v. PP
(Richard Malanjum CJ (Sabah & Sarawak), Hashim Yusoff, Abdull Hamid Embong FCJJ) [2012] 9 CLJ 141 [FC]

Murder - Penal Code, s. 302 - Accused's unsworn statement from dock - Defence of - Unsoundness of mind - Whether evidence adduced considered in totality - Whether confession voluntarily made - Failure to cross-examine witness - Whether evidence deemed to be admitted - Whether accused had intention to cause death - Whether defence of unsoundness of mind established - Whether accused raised doubt in prosecution's case - Whether defence of sudden and grave provocation established
PP v. Othman A Aziz
(Mohd Zaki Wahab JC) [2012] 9 CLJ 262 [HC]

Penal Code, s. 84 - Unsoundness of mind - Accused charged for murder - Whether accused bears legal burden to prove defence - Whether accused's unsworn statement that he did not realise what happened could prove his unsoundness of mind - Evidence Act 1950, s. 105
PP v. Othman A Aziz
(Mohd Zaki Wahab JC) [2012] 9 CLJ 262 [HC]

CRIMINAL PROCEDURE

Appeal - Conviction, against - Offences of corruptly asking and receiving gratification - Whether trial judge applied correct burden on defence - Whether trial judge erred in requiring appellant to prove innocence - Whether trial judge erred in admitting taped recording of phone conversation and transcript - Whether voices in tape recording identified - Whether appellant's explanation consistent with innocence - Whether appellant raised doubt over prosecution case - Whether conviction and sentence safe - Anti-Corruption Act 1997, s. 11(a)
Mohd Azam Mohd Yasin v. PP
(Su Geok Yiam J) [2012] 9 CLJ 234 [HC]

Accused - Unsworn statement from dock - Accused charged for murder - Whether unsworn statement admissible as evidence - Whether ought to be considered in light of other evidence - Criminal Procedure Code, s. 182
PP v. Othman A Aziz
(Mohd Zaki Wahab JC) [2012] 9 CLJ 262 [HC]

Defence - Dangerous drugs - Trafficking in 197,246.9 grams of cannabis - Appellants arrested after loading sacks containing dangerous drug onto lorry - Averment that sacks thought to contain smuggled batik clothes - Averment consistent with cautioned statement given to police - Whether defence not properly weighed and considered - Conviction for trafficking - Whether sustainable - Dangerous Drugs Act 1952, ss. 6, 37(d), 39A, 39B(1)(a)
Soorya Kumar Narayanan & Anor v. PP
(Richard Malanjum CJ (Sabah & Sarawak), Hashim Yusoff, Abdull Hamid Embong FCJJ) [2012] 9 CLJ 141 [FC]

EVIDENCE

Burden of proof - Evidential burden of proof on prosecution - Whether sufficient for accused to cast doubt on prosecution case - Whether burden on accused to prove innocence
Mohd Azam Mohd Yasin v. PP
(Su Geok Yiam J) [2012] 9 CLJ 234

Confession - Admissibility of - Whether defence raised objection as to voluntariness of confession - Whether material evidence to support prosecution's case - Failure to cross-examine witness on material evidence - Whether evidence deemed to be admitted - Evidence Act 1950, s. 24
PP v. Othman A Aziz
(Mohd Zaki Wahab JC) [2012] 9 CLJ 262 [HC]

Cross-examination - Failure to cross-examine prosecution's witness - Whether material evidence deemed to be admitted
PP v. Othman A Aziz
(Mohd Zaki Wahab JC) [2012] 9 CLJ 262 [HC]

LAND LAW

Recovery of land - Whether action statute barred - Whether appellant's conduct constituted acknowledgement of respondent's rights over land - Limitation Act 1953, ss. 9(1), 26(1)(a)
Economic Development (Low Cost Houses) Sdn Bhd v. Majlis Perbandaran Seberang Perai
(Low Hop Bing, Syed Ahmad Helmy, Balia Yusof Wahi JJCA) [2012] 9 CLJ 158 [CA]

LIMITATION

Land, recovery of - Whether action statute-barred - Commencement of limitation period - Land recovery action - Limitation Act 1953, s. 26(1)(a)
Economic Development (Low Cost Houses) Sdn Bhd v. Majlis Perbandaran Seberang Perai
(Low Hop Bing, Syed Ahmad Helmy, Balia Yusof Wahi JJCA) [2012] 9 CLJ 158 [CA]

PUBLIC SERVANTS

Dismissal - Dismissal of public servant - Dismissal in public interest - Dismissal of Ketua Penolong Pengarah, Institut Alam Sekitar Malaysia - Whether provisions of reg. 49 of Public Officers (Conduct and Discipline) Regulations 1993 complied with - Whether first respondent a proper disciplinary authority - Whether appellant given right to be heard - Whether appellant to be given copy of report from head of department
Jalaluddin Ismail v. Ketua Pengarah Perkhidmatan Awam, Malaysia & Anor
(Ramly Ali, Azahar Mohamed, Balia Yusof Wahi JJCA) [2012] 9 CLJ 183 [CA]

Pensions - Termination from public service under s. 10(5)(d) of Pensions Act 1980 on grounds of public interest - Whether pension only payable if public servant required by Agong to retire in public interest - Whether first respondent a proper authority to convey Agong's decision - Federal Constitution, art. 40(1)
Jalaluddin Ismail v. Ketua Pengarah Perkhidmatan Awam, Malaysia & Anor
(Ramly Ali, Azahar Mohamed, Balia Yusof Wahi JJCA) [2012] 9 CLJ 183 [CA]

REVENUE LAW

Income tax - Arrears of tax - Estimated taxable income - Monthly equal instalments payable until full settlement - Default of payment - Increased sum equal to 10% of amount unpaid - Whether entitled to increase under provisions of Income Tax Act 1967 - Details of calculation for increase of 10% on unpaid estimate of tax - Whether plaintiff unlawfully and improperly amended claim amount - Income Tax Act 1967, s. 107C(8)
Kerajaan Malaysia v. PJBumi Composites Sdn Bhd
(Sofian Abd Razak J) [2012] 9 CLJ 219 [HC]

Legal Network Series Articles

1. What is and What is not an Arbitration Agreement, (2012) ^{[Read excerpt]}
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