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TAN JYE YEE & ANOR v. PP
COURT OF APPEAL, PUTRAJAYA
MOHTARUDIN BAKI JCA, ROHANA YUSUF JCA, TENGKU MAIMUN JCA
[CRIMINAL APPEAL NO: W-09-327-12-2013]
6 AUGUST 2014
CONSTITUTIONAL LAW: Interpretation - Pith and substance test - Section 298A of Penal Code - Whether a subject matter of religion or public order - Majority in Supreme Court case of Mamat Daud & Ors v. The Government of Malaysia that s. 298A a law on religion - Whether created binding precedent
CIVIL PROCEDURE: Judicial precedent - Stare decisis - Supreme Court decision in Mamat Daud & Ors v. The Government of Malaysia - Whether majority judgment created binding precedent - Whether dissenting judgment could be accepted as correct state of law over majority judgment
VOON LEE SHAN v. C/INSP I/14105 ANOI KIAN & ORS
HIGH COURT SABAH & SARAWAK, KUCHING
MAIRIN IDANG JC
[SUIT NO: 21-8-2010-II]
1 OCTOBER 2014
TORT: Malicious prosecution - Elements of action - Plaintiff charged under s. 216 Penal Code - Whether defendants acted with reasonable and probable cause in instituting charges against plaintiff - Delay in conducting investigation - Whether raised serious question on availability of sufficient evidence - Motive - Whether element of malice proved - Whether there was intention to punish, defame and embarrass plaintiff - Whether Government of Malaysia vicariously liable
CIVIL PROCEDURE: 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
Legal Network Series
LEE WEE CHIAN lwn. LEE HUAT HUN
PERWARISAN: Wasiat - Keupayaan perwasiatan - Pewasiat berumur 80 tahun 5 bulan ketika wasiat dibuat - Paksaan atau frod - Kewujudan laporan polis berkenaan cap jari palsu pada wasiat - Sama ada cap jari pewasiat boleh disimpulkan telah diperoleh secara paksaan atau frod berdasarkan kewujudan laporan polis - Sama ada pewasiat berupaya untuk membuat wasiat dengan penuh sifat dewasa dan sukarela - Sama ada wasiat telah dibuat mengikut cara dan kehendak peruntukan s. 5(1),(2) Akta Wasiat 1959
PERWARISAN: Wasiat - Kesahihan - Wasiat kedua - Sama ada wasiat kedua adalah sah - Sama ada wasiat kedua merupakan wasiat yang terakhir pewasiat - Sama ada wasiat kedua mengatasi wasiat pertama - Akta Wasiat 1959, s. 15
MOHD ASYRAF THIRU ABDULLAH ROSLAN ABDUL KARIM lwn. PP
UNDANG-UNDANG JENAYAH: Rasuah - Secara rasuah memperoleh - Suapan wang tunai - Sama ada unsur memperoleh telah dibuktikan oleh pihak pendakwa - Sama ada permintaan atau tuntutan memperoleh wang suapan telah dibuktikan - Akta Pencegahan Rasuah 1997, s. 11(a)
PROSEDUR JENAYAH: Pertuduhan - Pindaan - Pertuduhan yang mempunyai kesilapan yang nyata - Pindaan diperingkat rayuan - Sama ada pertuduhan yang mempunyai kesilapan nyata boleh dipertahankan di sisi undang-undang - Sama ada mahkamah boleh meminda atau menyembuhkan kesilapan pada pertuduhan di peringkat rayuan - Kanun Prosedur Jenayah, s. 422
PP v. CHUA KIM HOCK & ORS
CRIMINAL LAW: Penal Code - s. 302 - Murder - Whether deceased died due to head injuries - Whether death caused by acts of the 4 accused persons - Intention of accused - Whether blows inflicted with intention of causing bodily injuries to deceased - Whether injuries were sufficient in the ordinary course of nature to cause death - Whether there was common intention by all 4 accused to cause the death of deceased - s. 34 of the Penal Code - Whether acts were done in furtherance of their common intention - Whether each of the accused was liable for the criminal acts in the same manner as if the acts were done alone - Whether prosecution made out a prima facie case against all 4 accused persons
CRIMINAL PROCEDURE: Defence - Denial - Whether capable and equally sufficient to dislodge the prosecution's case - Whether defence created a reasonable doubt in the prosecution's case - Whether the prosecution proved the offence against the 4 accused persons beyond a reasonable doubt
EVIDENCE: Adverse inference - Failure of prosecution to call witness - Ker Li and her mother, who were both with PW-12 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
JAMIE HUYNH XUAN NUONG v. RESCOM ASIA SDN BHD; NG LEONARD SOO MANN & ORS (PENCELAH RESPONDEN YANG DICADANGKAN)
CIVIL PROCEDURE: Intervener - Application for - Whether proposed co-respondents Interveners' application filed under O. 15 r. 6 Rules of Court 2012 (RC) was misconceived and bad in law - No provision under the Companies Act 1965 (CA) or the Winding Up Rules for a party to intervene - Winding Up Rules did not state RC inapplicable - Whether in the absence of any specific rules under the CA or the Winding-Up Rules, O. 15 r. 6 of the Rules of Court 2012 applied
COMPANY LAW: Winding-Up - Proceedings against company - Whether proposed co-respondents Interveners required to obtain leave to intervene in present proceedings - s. 226(3) of the Companies Act 1965 - Notice of Motion seeking leave to intervene (encl.47) was filed under the winding up proceedings - Whether encl. 47 was an "action or proceeding proceeded with or commenced against the company" under s. 226(3) CA - Whether encl 47 was a defensive action to oppose petitioner's application to appoint a private liquidator - Whether leave of the Winding-Up Court required
TC THIRUMANEY CONSTRUCTION SDN BHD v. GLOBAL GLOBE (M) SDN BHD
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. 28(1) Winding-Up Rules - Whether prejudice caused to petitioner
CLJ 2015 Volume 2 (Part 5)
COURT
COURT OF APPEAL
Jason Chan Huan Seng & Ors v. PP
(Criminal Procedure; Words And Phrases - Application under s. 32 Dangerous Drugs (Forfeiture of Property) Act 1988 - Whether appellants lawfully entitled to properties - Whether presumption of illegal property under s. 35 rebutted - "Proceedings under this Act" - Whether presumption of illegal property under s. 35 applied to proceedings under s. 32) [2015] 2 CLJ 605 [CA]Jiddi Joned Enterprise Sdn Bhd & Ors v. Louis KH Wong & Co
(Contract - Misrepresentation - Letter confirming retention sum held by solicitor as stakeholder for real property gains tax - Solicitor subsequently denied deposit of retention sum by purchaser) [2015] 2 CLJ 644 [CA]Nanda Kumar K Kaliapan v. PP & Another Appeal
(Criminal Law; Criminal Procedure; Evidence - Murder - Prima facie case - Failure of prosecution to call police witnesses during identification parade - Whether fatal) [2015] 2 CLJ 670 [CA]HIGH COURT
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)[2015] 2 CLJ 681 [HC]Lembaga Kemajuan Tanah Persekutuan & Anor v. Datuk Seri Dr Wan Azizah Wan Ismail & Ors
(Tort; Constitutional Law - Defamation - Libel - Whether plaintiffs local authorities - Whether s. 15(1) of Land Development Act 1956 provided plaintiffs right to sue and be sued - Freedom of expression - Whether defence of fair comment, justification and privilege exist as protection to freedom of expression - Federal Constitution, art. 10)[2015] 2 CLJ 692 [HC]Setarabakat Sdn Bhd v. Evergreen Haven Sdn Bhd
(Company Law - Winding-up - Affidavits in opposition affirmed by contributory - Whether trustee had authority to act as agent of necessity)[2015] 2 CLJ 709 [HC]Tiong Cheng Peng & Anor v. Ker Min Choo & Ors
(Civil Procedure - Contempt of court - Committal proceedings)[2015] 2 CLJ 720 [HC]Voon Lee Shan v. C/Insp I/14105 Anoi Kian & Ors
(Tort; Civil Procedure - Malicious prosecution - Whether defendants acted with reasonable and probable cause in instituting charges against plaintiff - Whether element of malice proved - Damages - Malicious prosecution)[2015] 2 CLJ 729 [HC]SUBJECT INDEX
CIVIL PROCEDURE
Contempt of court - Committal proceedings - Whether contempt of court proven beyond reasonable doubt - Whether procedural safeguards strictly adhered to commit contemnor to prison
Tiong Cheng Peng & Anor v. Ker Min Choo & Ors
(Gunalan Muniandy JC) [2015] 2 CLJ 720 [HC]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. C/Insp I/14105 Anoi Kian & Ors
(Mairin Idang JC) [2015] 2 CLJ 729 [HC]COMPANY LAW
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. Evergreen Haven Sdn Bhd
(Abu Bakar Jais JC) [2015] 2 CLJ 709 [HC]CONSTITUTIONAL LAW
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. 10
Lembaga Kemajuan Tanah Persekutuan & Anor v. Datuk Seri Dr Wan Azizah Wan Ismail & Ors
(Kamaludin Md Said J) [2015] 2 CLJ 692 [HC]CONTRACT
Misrepresentation - Sale and purchase of property - Letter confirming retention sum held by solicitor as stakeholder for real property gains tax - Solicitor subsequently denied deposit of retention sum by purchaser - Whether solicitor received retention sum from purchaser - Whether solicitor misrepresented on instruction of purchaser
Jiddi Joned Enterprise Sdn Bhd & Ors v. Louis KH Wong & Co
(Abdul Wahab Patail, Mohd Zawawi Salleh, Hamid Sultan Abu Backer JJCA) [2015] 2 CLJ 644 [CA]CRIMINAL LAW
Penal Code - Section 302 - 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. PP & Another Appeal
(Azahar Mohamed, Balia Yusof Wahi, Mohd Zawawi Salleh JJCA) [2015] 2 CLJ 670 [CA]CRIMINAL PROCEDURE
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. PP & Another Appeal
(Azahar Mohamed, Balia Yusof Wahi, Mohd Zawawi Salleh JJCA) [2015] 2 CLJ 670 [CA]Forfeiture - Dangerous drugs - Seizure of property - Application under s. 32 Dangerous Drugs (Forfeiture of Property) Act 1988 - Whether appellants lawfully entitled to properties - Whether presumption of illegal property under s. 35 rebutted - Whether presumption applicable to proceedings under s. 32 - Whether properties obtained through legitimate sources of income - PP v. Lim Kim Hoei & Anor
Jason Chan Huan Seng & Ors v. PP
(Zaharah Ibrahim, Azahar Mohamed, Abdul Aziz Abdul Rahim, Abang Iskandar, Umi Kalthum Abdul Majid JJCA) [2015] 2 CLJ 605 [CA]EVIDENCE
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. PP & Another Appeal
(Azahar Mohamed, Balia Yusof Wahi, Mohd Zawawi Salleh JJCA) [2015] 2 CLJ 670 [CA]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. PP & Another Appeal
(Azahar Mohamed, Balia Yusof Wahi, Mohd Zawawi Salleh JJCA) [2015] 2 CLJ 670 [CA]INSURANCE
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. Hong Leong Assurance Bhd
(Zakaria Sam J) [2015] 2 CLJ 681 [HC]TORT
Defamation - Libel - Action by statutory government body and/or public authority - Whether plaintiffs local authorities - Whether s. 15(1) of Land Development Act 1956 provided plaintiffs right to sue and be sued - Rationale for allowing statutory authority to be able to sue for libel - Whether to protect damage to reputation
Lembaga Kemajuan Tanah Persekutuan & Anor v. Datuk Seri Dr Wan Azizah Wan Ismail & Ors
(Kamaludin Md Said J) [2015] 2 CLJ 692 [HC]Malicious prosecution - Element of action - Plaintiff charged under s. 216 Penal Code - Whether defendants acted with reasonable and probable cause in instituting charges against plaintiff - Delay in conducting investigation - Whether raised serious question on availability of sufficient evidence - Motive - Whether element of malice proved - Whether there was intention to punish, defame and embarrass plaintiff - Whether Government of Malaysia vicariously liable
Voon Lee Shan v. C/Insp I/14105 Anoi Kian & Ors
(Mairin Idang JC) [2015] 2 CLJ 729 [HC]WORDS AND PHRASES
"Proceedings under this Act" - Dangerous Drugs (Forfeiture of Property) Act 1988, s. 2 - Whether presumption of illegal property under s. 35 applied to proceedings under s. 32
Jason Chan Huan Seng & Ors v. PP
(Zaharah Ibrahim, Azahar Mohamed, Abdul Aziz Abdul Rahim, Abang Iskandar, Umi Kalthum Abdul Majid JJCA) [2015] 2 CLJ 605 [CA]
CLJ 2015 Volume 2 (Part 6)
COURT
COURT OF APPEAL
Tan Jye Yee & Anor v. PP
(Constitutional Law; Civil Procedure - Interpretation - Section 298A of Penal Code - Whether a subject matter of religion or public order - Judicial precedent - Stare decisis) [2015] 2 CLJ 745 [CA]Tuan Mat Tuan Ismail v. Etiqa Takaful Bhd
(Land Law - Charge - Validity of - Third party charge - Chargee a takaful entity - Whether financial institution - Whether fell under exemption to restriction in interest) [2015] 2 CLJ 758 [CA]Zulkiply Taib & Anor v. Prabakar Bala Krishna & Ors And Other Appeals
(Tort; Damages - Police officers assaulted arrested person during course of interrogation - Misfeasance in public office - Vicarious liability - Compensation and damages) [2015] 2 CLJ 766 [CA]HIGH COURT
Dato' Sri Bala Krishnan Vellasamy & Ors v. Cityteam Media Sdn Bhd & Anor
(Civil Procedure; Tort - Striking out parts of defence - Whether defence frivolous and abuse of court process) [2015] 2 CLJ 791 [HC]Debaroti Das Gupta v. Deb Brata Das Gupta
(Succession; Probate And Administration - Administration of estates - Appointment of additional administrator - Whether a probate action) [2015] 2 CLJ 798 [HC]Ng Bak Soon & Ors v. Ji Seng Hong Plastic Manufacturing Sdn Bhd; Mustapha Mohamed (Receiver & Manager And Applicant)
(Company Law - Receivership - Application by receiver and manager to intervene in winding-up proceeding - Whether intended to interfere with winding-up order) [2015] 2 CLJ 828 [HC]Sandanatavan Marimuthu & Anor v. Badan Pengurusan Bersama - PV3; TSS Security Services Sdn Bhd (Third Party)
(Tort; Land Law - Negligence - Duty of care - Whether Joint Management Body had duty to manage and maintain individual units) [2015] 2 CLJ 844 [HC]The Store (M) Sdn Bhd v. Ang Tin Huat & Anor
(Administrative Law; Labour Law - Judicial review - Certiorari - Whether punishment of dismissal appropriate - Whether other avenues of punishment open to company) [2015] 2 CLJ 859 [HC]SUBJECT INDEX
ADMINISTRATIVE LAW
Judicial review - Certiorari - Application to quash Industrial Court award - Whether employee in breach of fiduciary duties by misusing company's funds - Whether employee misappropriated company's trading stock for unauthorised purpose - Whether punishment of dismissal appropriate - Whether award of scaling back of 50% of backwages excessive - Whether High Court should interfere with findings of Industrial Court
The Store (M) Sdn Bhd v. Ang Tin Huat & Anor
(Lee Swee Seng J) [2015] 2 CLJ 859 [HC]CIVIL PROCEDURE
Judicial precedent - Stare decisis - Supreme Court decision in Mamat Daud & Ors v. The Government of Malaysia - Whether majority judgment created binding precedent - Whether dissenting judgment could be accepted as correct state of law over majority judgment
Tan Jye Yee & Anor v. PP
(Mohtarudin Baki, Rohana Yusuf, Tengku Maimun JJCA) [2015] 2 CLJ 745 [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 2012, O. 18 r. 19(1)(a), (d)
Dato' Sri Bala Krishnan Vellasamy & Ors v. Cityteam Media Sdn Bhd & Anor
(S Nantha Balan JC) [2015] 2 CLJ 791 [HC]COMPANY LAW
Receivership - Sale of company's assets by receiver and manager - Whether bona fide - Whether validation order should be granted - Companies Act 1965, s. 223
Ng Bak Soon & Ors v. Ji Seng Hong Plastic Manufacturing Sdn Bhd; Mustapha Mohamed (Receiver & Manager And Applicant)
(Che Mohd Ruzima Ghazali JC) [2015] 2 CLJ 828 [HC]Receivership - Winding up, effect of - Application by receiver and manager to intervene in winding-up proceeding - Whether winding-up order granted before appointment of receiver and manager - Whether application intended to interfere with winding-up order - Whether receiver and manager should be allowed to intervene in winding-up proceeding
Ng Bak Soon & Ors v. Ji Seng Hong Plastic Manufacturing Sdn Bhd; Mustapha Mohamed (Receiver & Manager And Applicant)
(Che Mohd Ruzima Ghazali JC) [2015] 2 CLJ 828 [HC]CONSTITUTIONAL LAW
Interpretation - Pith and substance test - Section 298A of Penal Code - Whether a subject matter of religion or public order - Majority in Supreme Court case of Mamat Daud & Ors v. The Government of Malaysia that s. 298A a law on religion - Whether created binding precedent
Tan Jye Yee & Anor v. PP
(Mohtarudin Baki, Rohana Yusuf, Tengku Maimun JJCA) [2015] 2 CLJ 745 [CA]DAMAGES
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. 34 & 300 - Arrested person awarded with general, aggravated, exemplary and punitive damages - Whether exemplary damages can be awarded when police officers had been convicted and sentenced by criminal court
Zulkiply Taib & Anor v. Prabakar Bala Krishna & Ors And Other Appeals
(Zaharah Ibrahim, Abdul Aziz Rahim, Mohd Zawawi Salleh JJCA) [2015] 2 CLJ 766 [CA]LABOUR LAW
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 1967, ss. 20(3) & 30(5)
The Store (M) Sdn Bhd v. Ang Tin Huat & Anor
(Lee Swee Seng J) [2015] 2 CLJ 859 [HC]LAND LAW
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. Etiqa Takaful Bhd
(Zaharah Ibrahim, Anantham Kasinather, Mah Weng Kwai JJCA) [2015] 2 CLJ 758 [CA]Charge - Validity of - Restriction in interest on document of title - Chargee a takaful entity - Whether chargee a financial institution - Whether chargee fell under exemption to restriction - Kelantan Malay Reservations Enactment 1930, Schedule D - Kelantan Land Enactment 1938, Schedule 26A
Tuan Mat Tuan Ismail v. Etiqa Takaful Bhd
(Zaharah Ibrahim, Anantham Kasinather, Mah Weng Kwai JJCA) [2015] 2 CLJ 758 [CA]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 2007 excludes private law remedy - Building and Common Property (Maintenance and Management) Act 2007, ss. 2, 4, 8
Sandanatavan Marimuthu & Anor v. Badan Pengurusan Bersama - PV3; TSS Security Services Sdn Bhd (Third Party)
(Lau Bee Lan J) [2015] 2 CLJ 844 [HC]PROBATE AND ADMINISTRATION
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. 72 r. 2 Rules of Court 2012 - Whether there was due and proper administration of estate - Whether there was sufficient cause to appoint additional administrator - Whether court dismissed plaintiff's case in limine - Probate and Administration Act 1959, ss. 2, 34
Debaroti Das Gupta v. Deb Brata Das Gupta
(Kamaludin Md Said JC) [2015] 2 CLJ 798 [HC]SUCCESSION
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. 72 r. 2 Rules of Court 2012 - Whether there was due and proper administration of estate - Whether there was sufficient cause to appoint additional administrator - Whether court dismissed plaintiff's case in limine - Probate and Administration Act 1959, ss. 2, 34
Debaroti Das Gupta v. Deb Brata Das Gupta
(Kamaludin Md Said JC) [2015] 2 CLJ 798 [HC]TORT
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. 34 & 300 - Whether superior police officer committed tort of misfeasance in public office in failing to supervise subordinates - Whether government as employer of police officers vicariously liable
Zulkiply Taib & Anor v. Prabakar Bala Krishna & Ors And Other Appeals
(Zaharah Ibrahim, Abdul Aziz Rahim, Mohd Zawawi Salleh JJCA) [2015] 2 CLJ 766 [CA]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 2012, O. 18 r. 19 (1)(a), (d)
Dato' Sri Bala Krishnan Vellasamy & Ors v. Cityteam Media Sdn Bhd & Anor
(S Nantha Balan JC) [2015] 2 CLJ 791 [HC]Misfeasance in public office - Police force - Police officers assaulted arrested person during course of interrogation - Arrested person sustained bodily and psychological injuries - Whether police superior committed tort of misfeasance in public office in failing to supervise acts of subordinates
Zulkiply Taib & Anor v. Prabakar Bala Krishna & Ors And Other Appeals
(Zaharah Ibrahim, Abdul Aziz Rahim, Mohd Zawawi Salleh JJCA) [2015] 2 CLJ 766 [CA]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 2007 excludes private law remedy - Building and Common Property (Maintenance and Management) Act 2007, ss. 2, 4, 8
Sandanatavan Marimuthu & Anor v. Badan Pengurusan Bersama - PV3; TSS Security Services Sdn Bhd (Third Party)
(Lau Bee Lan J) [2015] 2 CLJ 844 [HC]Vicarious liability - Liability of government - Acts of police officers - Police officers convicted for offence under ss. 34 & 300 of Penal Code for voluntarily causing hurt to arrested person to extort confession - Whether government as employer of police officers vicariously liable for acts of police officers
Zulkiply Taib & Anor v. Prabakar Bala Krishna & Ors And Other Appeals
(Zaharah Ibrahim, Abdul Aziz Rahim, Mohd Zawawi Salleh JJCA) [2015] 2 CLJ 766 [CA]ARTICLELegal Network Series Article(s)
1. JUSTICE FOR ALL:
THE NEED FOR PROPER INTERPRETATION OF VULNERABLE ACCUSED
IN MALAYSIAN CRIMINAL TRIALS A PROPOSAL FOR REFORM [Read excerpt]
by: NAZIAH BINTI MOHD ALIAS* [2015] 1 LNS(A) xxv2. BEST PRACTICE
SOLICITORS AS EXECUTORS BENEFITTING SUBSTANTIALLY FROM A WILL [Read excerpt]
by: ROB REIS* [2015] 1 LNS(A) xxvi
LEGISLATION HIGHLIGHTSPrincipal Acts
Number Title Date coming into force Repealing ACT 766 Netting Of Financial Agreements Act 2015 Not Yet In Force -Nil- ACT 765 Malaysian Airline System Berhad (Administration) Act 2015 20 February 2015 [PU(B) 37/2015] -Nil- ACT 764 Finance (No. 2) Act 2014 The Income Tax Act 1967 [Act 53] see s 3; The Petroleum (Income Tax) Act 1967 [Act 543] see s 24; The Real Property Gains Tax Act 1976 [Act 169] see s 27 -Nil- ACT 763 Yayasan Guru Tun Hussein Onn Act 2014 Not Yet In Force -Nil- ACT 762 Akta Cukai Barang Dan Perkhidmatan 2014 1 Julai 2014 - Bahagian I, II, IV, VI dan xx, ss 10, 11, 17, 18, 33, 34, 35, 36, 37, 40, 44, 50, 56, 59, 61, 64, 65, 69, 71, 72, 73, 74, 75, 80, 81, 82, 83, 85, 86, 87, 92, 93, 95, 96, 97, 99, 100, 101, 102, 103, 104, 105, 107, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 160, 163, 183, 184 dan 197, Jadual Pertama dan Jadual Kedua Akta mula berkuat kuasa; 1 April 2015 - Bahagian IX, XIII, xxi and xxv, ss 9, 12, 13, 14, 15, 16, 38, 39, 41, 42, 43, 45, 46, 47, 48, 49, 51, 52, 53, 57, 58, 60, 62, 63, 66, 67, 68, 70, 84, 88, 89, 90, 91, 94, 98, 106, 108, 109, 110, 122, 154, 155, 156, 157, 158, 159, 161, 162, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195 dan 196, Jadual Ketiga dan Jadual Keempat Akta mula berkuat kuasa [PU(B) 319/2014] -Nil- Amending Acts
Number Title Date coming into force Principal/Amending Act No ACT A1481 Quantity Surveyors (Amendment) Act 2015 Not Yet In Force ACT 487 ACT A1480 Architects (Amendment) Act 2015 Not Yet In Force except for paragraphs 3(d) and (p) and section 23 come into operation on 1 June 2015 ACT 117 ACT A1479 Registration Of Engineers (Amendment) Act 2015 Not Yet In Force ACT 138 ACT A1478 Companies Commission Of Malaysia (Amendment) Act 2015 20 February 2015 [PU(B) 45/2015] except sections 9, 10, 11, 13, 14 and 15 ACT 614 ACT A1477 Limited Liability Partnership (Amendment) Act 2015 Not Yet In Force ACT 743 PU(A)
Number Title Date of Publication Date coming into force Principal/Amending Act No PU(A) 43/2015 Customs Duties (Goods Of Asean Countries Origin) (Asean Harmonised Tariff Nomenclature And Asean Trade In Goods Agreement) (Amendment) Order 2015 9 March 2015 10 March 2015 PU(A) 277/2012 PU(A) 42/2015 Income Tax (Exemption) (Amendment) Order 2015 9 March 2015 1 January 2013 PU(A) 167/2014 PU(A) 41/2015 Medical (Amendment Of Second Schedule) (No. 2) Order 2015 5 March 2015 6 March 2015 ACT 50 PU(A) 40/2015 Income Tax (Exemption) Order 2015 5 March 2015 Year of assessment 2014 ACT 53 PU(A) 39/2015 Customs Duties (Amendment) Order 2015 5 March 2015 10 March 2015 PU(A) 275/2012 PU(B)
Number Title Date of Publication Date coming into force Principal/Amending Act No PU(B) 92/2015 Appointment Of Assistant Directors Of Industrial Relations 12 March 2015 Specified in column (2) of the Schedule ACT 177 PU(B) 91/2015 Appointment Of Principal Assistant Director Of Industrial Relations 12 March 2015 27 June 2014 ACT 177 PU(B) 90/2015 Notice To Third Parties 12 March 2015 30 March 2015 ACT 613 PU(B) 89/2015 Appointment Of Members Of Licensing Board 11 March 2015 15 March 2015 to 14 March 2018 ACT 176 PU(B) 88/2015 Notice Of Contested Election - By-Election Of The State Legislative Assembly Of N. 06 Chempaka For The State Of Kelantan 10 March 2015 11 March 2015 PU(A) 386/1981 To view previous issues of the CLJ Bulletin, Click here
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