KUNASEKARAN RENGGAGA v. ASP HEISHAM HARUN, KETUA BALAI POLIS BUKIT SENTOSA & ORS
HIGH COURT MALAYA, SHAH ALAM
HADHARIAH SYED ISMAIL JC
[CIVIL SUIT NO: 21-156-2007]
3 AUGUST 2011

POLICE: Tortious liabilities - Negligence - Duty of care - Police - Death of suspect in lock-up - Suspect found hanged with sarong cloth - Whether suicide or foul play - Suspect not monitored when in lock-up - Police Lock-up Rules not followed - Whether defendants negligent and liable for damages - Whether defendants owed suspect duty of care - Whether duty of care only arose if suspect suicide-risk - Whether government vicariously liable for suspect's death - Identity and negligence of particular officer(s) responsible for suspect's death not established - Whether fatal - Government Proceedings Act 1956, ss. 5 & 6

TORT: Negligence - Duty of care - Police - Death of suspect in lock-up - Suspect found hanged with sarong cloth - Whether suicide or foul play - Suspect not monitored when in lock-up - Police Lock-up Rules not followed - Whether defendants negligent and liable for damages - Whether defendants owed suspect duty of care - Whether duty of care only arose if suspect suicide-risk - Whether government vicariously liable for suspect's death - Identity and negligence of particular officer(s) responsible for suspect's death not established - Whether fatal - Government Proceedings Act 1956, ss. 5 & 6

Legal Network Series

[2009] 1 LNS 1551	WOO YEW KHUEN v. WB CORPORATION SDN BHD	COMPANIES AND CORPORATIONS: Winding-up-Petition - Whether prejudicial conduct by remaining shareholders and directors of respondent - Petitioner claiming expectation of financial benefits and management rights - Whether any basis for petitioner to have legitimate expectation he was entitled to revenue and profits of HGVC and dividends of respondent - Whether any unfair conduct on part of remaining directors of respondent - Alternative relief available for allegations contained in Petition, if true - Petition filed 4 years later - Whether mala fide intention behind filing of petition COMPANIES AND CORPORATIONS: Directors - Petitioner claiming expectation of management rights - Whether any basis for petitioner to claim that it was in parties' contemplation that he would retain a management role in either HGVC or respondent indefinitely - Termination of petitioner as managing director of respondent - Whether due to petitioner's improper conduct in management of HGVC's and respondent's affairs
[2009] 1 LNS 1556	CS YAP ENGINEERING SDN BHD v. TENAGA NASIONAL BERHAD	ADMINISTRATIVE LAW: Subsidiary legislation - Ultra vires - Regulation 11(2) of the Licensee Supply Regulations - Electricity bills dispatched to plaintiff not computed based on application of multiplying factor - Debit note later issued for undercharging due to error - Whether debit note fell within circumstances under which defendant could issue debit note to recover electricity charges for an earlier period purportedly undercharged - Whether defendant had power to issue debit note - Whether debit note was ultra vires regulation 11(2) STATUTORY INTERPRETATION: Subordinate legislation - Regulation 11(2) of Licensee Supply Regulations - Ordinary principles governing interpretation of legislation - Whether focus of pre-amendment regulation 11(2) was on meter and not bill of charges - Whether plaintiff only liable to pay monthly bills rendered by defendant if meter accurately registered quantity of supply and electricity consumed - Whether defendant could thereafter claim for any undercharging based on error in application of a multiplying factor in the office
[2010] 1 LNS 167	CH CHOO & SONS SDN BHD v. WONG NYUK SHING @ WONG TECK TSIN	CONTRACT: Privity - Claim for profits derived from sale of land - Oral agreement between plaintiffs, a Sdn Bhd and defendant - Whether contractual relationship, if any, was between PW1 and defendant and not plaintiffs - Whether any privity of contract between plaintiffs and defendant - Whether plaintiffs had legal right to sue on oral contract CIVIL PROCEDURE: Reliefs - Other reliefs not pleaded but introduced by way of submission - Whether plaintiffs failed to discharge onus of proof placed on them against defendant - Whether plaintiffs established their case against defendant based on pleadings CONTRACT: Compensation - Contracts Act 1950, s. 71 - Claim for - Not pleaded but raised for the first time by way of submission - Whether plaintiffs or PW1 who was not a party to this suit, entitled to compensation under s. 71 - Whether four conditions as laid down in s. 71 established - Whether plaintiffs' claim for compensation under s. 71 should be allowed
[2011] 1 LNS 371	KIM CHOON WEI v. JULIANA JACINTA DE SOUZA	FAMILY LAW: Divorce - Decree nisi granted - Variation of custody order - Whether material change in circumstances from divorce until hearing to justify variation of Decree Nisi regarding custody of second child - Whether in the best interest and welfare of second child that Petitioner husband be given custody
[2011] 1 LNS 505	PP v. SINUN BAKUSOI	CRIMINAL PROCEDURE: Appeal - Appeal against acquittal - Finding by Sessions judge that prosecution failed to establish a prima facie case against respondent - Other witnesses called by prosecution - Failure to consider their evidence - Whether serious omission which rendered whole judgment defective - Whether trial judge should have considered if remaining evidence led by prosecution sufficient to establish a prima facie case against respondent - Whether court precluded from examining evidence afresh and making its own findings of fact based on transcript of evidence EVIDENCE: Dying declaration - Oral evidence of - PW1's evidence on dying declaration - Finding that it was respondent who inflicted fatal injuries on deceased's head - Whether trial judge should have considered whether PW1's evidence was reliable and if so, whether the dying declaration had any probative value

CLJ 2012 Volume 4 (Part 1)

COURT

Union Of India v. Hassan Ali Khan And Another
Altamas Kabir J
(Criminal Procedure - Bail - International arms dealer - Money laundering - Whether warranting denial of bail) [2012] 4 CLJ 1 [SC India]

COURT OF APPEAL

PP v. Dato' Saidin Thamby
Abdul Malik Ishak, Azhar Ma'ah, Mohtarudin Baki JJCA
(Criminal Law - Corruption - Corruptly receiving gratification - Ordinary State Assemblyman - Whether could lawfully indulge in business and business deals) [2012] 4 CLJ 15 [CA]

HIGH COURT

Dato' Saidin Thamby v. PP
Su Geok Yiam J
(Criminal Law - Criminal Procedure - Corruption - Corruptly accepting gratification - State Assemblyman accepting RM1 million for assisting company to apply for State land - Whether constituting 'corruption' - Prima facie case) [2012] 4 CLJ 84 [HC]

SUBJECT INDEX

CRIMINAL LAW

Corruption - Corruptly accepting gratification - State Assemblyman accepting RM1 million for services rendered to a company - Whether constituting 'corruption' - Whether committing no offence in law - State Assemblyman not a member of State Executive Council - Whether entitled to engage in business or business deals - Whether could receive remunerations for services rendered - Prevention of Corruption Act 1961, ss. 3(a)(i) & (ii), 8 - Criminal Procedure Code, ss. 156, 158, 159, 160, 180
Dato' Saidin Thamby v. PP
(Su Geok Yiam J) [2012] 4 CLJ 84 [HC]

Corruption - Corruptly receiving gratification - Ingredients - Ordinary State Assemblyman - Whether could lawfully indulge in business and business transactions - State Assemblyman receiving commission for assisting company in obtaining State land - Whether legally permissible - Whether did not constitute corrupt practice - Whether conviction fatally flawed - Whether to be acquitted and discharged - Prevention of Corruption Act 1961,  ss. 3(a)(i) & (ii), 8, 18
PP v. Dato' Saidin Thamby
(Abdul Malik Ishak, Azhar Ma'ah, Mohtarudin Baki JJCA) [2012] 4 CLJ 15 [CA]

Prevention of Corruption Act 1961 - Section 3(a)(i) - Corruptly accepting gratification - Ingredients - State Assemblyman alleged to have accepted RM1 million for assisting company to apply for State land - Proof - Prima facie case - Whether ingredients of offence proved beyond reasonable doubt - Trial judge invoking s. 8 of Act when convicting accused - Whether a grave error of law - Whether conviction unsustainable - Prevention of Corruption Act 1961, ss. 3(a)(i) & (ii), 8 - Criminal Procedure Code, ss. 156, 158, 159, 160, 180
Dato' Saidin Thamby v. PP
(Su Geok Yiam J) [2012] 4 CLJ 84 [HC]

CRIMINAL PROCEDURE

Bail - Criminal Procedure Code 1973 - Sections 437 and 439(2) - Appeal against grant of bail vis-à-vis cancellation of bail - Held, the two stand on a different footing - While cancellation depends upon post-bail incidents indicating misuse of bail privileges whereas appeal against bail questions vary legality of bail order (Para 40)
Union Of India v. Hassan Ali Khan And Another
(Altamas Kabir J) [2012] 4 CLJ 1 [SC India]

Bail - Prevention of Money-Laundering Act, 2002 - Sections 45(ii), 3, 2(u), 2(y) and 24 - Black money - Tax evasion - Money laundering - Prima facie case warranting denial of bail as provided in s. 45(ii) - Accused not able to discharge burden of proof under s. 24 - Bail cancelled - Respondent 1 accused of having dealings with international arms dealer as revealed by a note which was signed by him and was notarised in London - There was no explanation from him for huge sums of money handled by him through various bank accounts - Besides, $700,000 deposited by respondent 1 in a foreign bank suspected to be proceeds of diamond jewellery stolen from collections of Nizam of Hyderabad - Respondent 1 also having deposits in a Swiss bank which were not satisfactorily accounted for - His total income for various Assessment Years between 2001 2002 to 2007-2008 estimated by Income Tax Department as Rs 1.104 lakh crores - Respondent 1 not able to discharge burden of proof on him under s. 24 that wealth possessed by him was neither proceeds of crime nor untainted property - Further, respondent 1 obtaining three different passports after his original passport was directed to be deposited - There was therefore reasonable apprehension that respondent 1 may abscond if allowed to remain on bail - In these circumstances, order granting bail by High Court set aside - Taxation - Tax evasion - Black money - Tax evasion and money-laundering - Bail cancelled (paras 34, 37-41)
Union Of India v. Hassan Ali Khan And Another
(Altamas Kabir J) [2012] 4 CLJ 1 [SC India]

Conviction - Conviction for more serious offence than offence charged - Legality - Accused charged with corruptly receiving gratification - Section 3(a)(i), Prevention of Corruption Act 1961 - Accused convicted after trial court invoked s. 8 of Act without prior notice - Whether conviction fatally flawed - Whether in transgression of principle of natural justice - Whether prima facie case not made out - Whether to be acquitted and discharged
PP v. Dato' Saidin Thamby
(Abdul Malik Ishak, Azhar Ma'ah, Mohtarudin Baki JJCA) [2012] 4 CLJ 15 [CA]

Trial - Charge - Substitution - Substitution of more serious charge for less serious one - Whether prerogative of Public Prosecutor - Accused charged under s. 3(a)(i) of Prevention of Corruption Act 1961 - Sessions Court invoking s. 8 in convicting accused - Whether accused entitled to prior notice of intention to invoke section - Failure to notify - Whether a gross breach of natural justice - Criminal Procedure Code, ss. 156, 158, 159, 160, 180
Dato' Saidin Thamby v. PP
(Su Geok Yiam J) [2012] 4 CLJ 84 [HC]

Legal Network Series Articles

1. PRODUK PERBANKAN ELEKTRONIK, ISU-ISU KESELAMATAN DAN PANDANGAN SYARIAH: SATU TINJAUAN ^{[Read excerpt]}
    BY: AHMAD SHAMSUL ABD AZIZ, ROSMAWANI CHE HASHIM [2012] 1 LNS(A) xxxviii

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