Legal Network Series

[2009] 1 LNS 1561	KETUA PENGARAH HASIL DALAM NEGERI v. CHELLAM INVESTMENT SDN BHD	CIVIL PROCEDURE: Appeal - By way of case stated - Appeal against decision of Special Commissioners of Income Tax - Gains for disposal of units of residential houses by taxpayer taxed as gains from an adventure in the nature of trade under s. 4(a) of the Income Tax Act 1967 - Finding of fact - Whether Special Commissioners acted without evidence or on a view of facts which could not reasonably be entertained - Whether any misdirection by Special Commissioners of Income Tax
[2009] 1 LNS 1562	PP v. NORZAIDI JABAL & ORS	CRIMINAL PROCEDURE: Appeal - Appeal against sentence - Robbery - Mitigating factors - Pleas of guilty - Crime of a serious or brutal nature - Premeditated and killing of deceased was senseless - Whether sentence should reflect gravity of offence - Whether 15 years imprisonment from the date of arrest of the accused appropriate
[2009] 1 LNS 1572	TEOW SENG WEE v. STANDARD CHARTERED BANK MALAYSIA BERHAD	BANKING: Cheques - Forged cheques - Whether plaintiff signed the 9 cheques - If not, whether plaintiff had knowingly or negligently facilitated and/or contributed to forgery and fraud BANKING: Cheques - Forged cheques - Payment of cheque - Whether defendant in making payment on said cheques, breached mandate and/or authority given by plaintiff and the Bills of Exchange Act 1949 BANKING: Banker and customer - Duty of customer - Whether duty on a customer to examine his bank statement sufficient to bar plaintiff's claim against defendant - Whether plaintiff proved his claim against defendant
[2011] 1 LNS 506	Q2 ENGINEERING SDN BHD v. PJI - LFGC (VIETNAM) LTD & ORS	CIVIL PROCEDURE: Striking out - Action - Tort of procuring and inducing a breach of contract - Action against 3rd defendant premised on common director of 1st defendant and 3rd defendant - Pleadings not disclosing vital element of interference by a stranger to the contract - Whether action against 3rd defendant sustainable - Whether action against 3rd defendant should be struck out TORT: Inducement of breach of contract - Principles of
[2011] 1 LNS 510	SUNRISE WEST SDN BHD & ORS v. PRAVIN MAHTANEY RAMCHAND & ANOR	COMPANIES AND CORPORATIONS: Directors - Breach of fiduciary duties - Pleadings vague and lacking in particulars - 1st defendant appointed as managing director - Financial management and/or control of company controlled by 4th plaintiff - Whether 1st defendant's role was merely a salesman and nothing more - Whether 1st defendant in breach of his fiduciary duties as pleaded - 2nd defendant formed by 1st defendant with 4th plaintiff's consent and approval - Whether plaintiffs cause of action and relief against 1st and 2nd defendant misconceived COMPANIES AND CORPORATIONS: Directors - All directors of 1st plaintiff foreigners - Whether serious violations of the Companies Act 1965 COMPANIES AND CORPORATIONS: Directors - Authority - Commencement of action - Lack of proper consent - Failure to produce valid resolution to initiate action against 1st defendant - Whether 1st plaintiff commenced proceedings regularly CONTRACT: Breach - Letter of appointment - 1st defendant's counterclaim for loss of income - 1st defendant appointed as managing director with agreed remuneration - Whether 1st plaintiff failed to pay 1st defendant his salary as promised since May 2008 - Whether 1st defendant entitled to loss of income

CLJ 2012 Volume 4 (Part 3)

COURT

COURT OF APPEAL

T Paramasparan Thanigajalam v. PP
Hasan Lah, Abdul Malik Ishak, Mohtarudin Baki JJCA
(Criminal Law - Murder - Defence - Sudden fight - Grave and sudden provocation) [2012] 4 CLJ 309 [CA]

Tay Kok Wah v. PP
Sulaiman Daud, Syed Ahmad Helmy, Mohamed Apandi Ali JJCA
(Criminal Law; Criminal Procedure - Appeal - Appeal against conviction and sentence - Murder - Whether there was break in chain of evidence) [2012] 4 CLJ 337 [CA]

HIGH COURT

Berjaya Development Sdn Bhd v. Keretapi Tanah Melayu Bhd & Anor
Siti Khadijah JC
(Civil Procedure; Contract - Breach - Damages/specific performance - Unilateral termination of Lease Agreement - Whether action time barred) [2012] 4 CLJ 351 [HC]

Berjaya Land Bhd v. Wong Chee Hie & Ors
Nallini Pathmanathan J
(Civil Procedure; Evidence - Privilege - Legal professional privilege - Solicitor subpoenaed to testify at trial - Whether solicitor material witness) [2012] 4 CLJ 356 [HC]

Saudajana Venture Sdn Bhd v. Pentadbir Tanah Daerah Barat Daya, Pulau Pinang
Varghese George JC
(Land Law - Acquisition of land - Reference to court - Claim for increased assessment of compensation) [2012] 4 CLJ 371 [HC]

Score Option Sdn Bhd & Anor v. Duar Tuan Kiat & Ors
Amelia Tee Abdullah JC
(Company Law - Directors - Powers of directors - Whether directors of companies under receivership had locus standi to sue receivers and managers in companies' names) [2012] 4 CLJ 384 [HC]

Tuan Hj Zulkifli Hj Hussain & Ors v. IOI Corporation Bhd & Ors
Nallini Pathmanathan J
(Securities - General mandatory offer - Breach of rule 34 of the Malaysian Code on Take-Overs and Mergers 1987 ('Code') - Whether Code read with ss. 33A(9) & (10) of the Securities Commission Act 1993 conferred cause of action) [2012] 4 CLJ 401 [HC]

SUBJECT INDEX

CIVIL PROCEDURE

Action - Accrual of - Termination of Lease Agreement - Claim for damages or specific performance - Whether action time barred - Limitation Act 1953, s. 6(1)(a)
Berjaya Development Sdn Bhd v. Keretapi Tanah Melayu Bhd & Anor
(Siti Khadijah JC) [2012] 4 CLJ 351 [HC]

Subpoena - Setting aside - Subpoena Ad Testificandum - Compelling solicitor to testify at trial - Whether solicitor material witness for just decision of case - Whether proper course would be for subpoenaed witness to invoke s. 126 Evidence Act 1950 at trial - Whether issuance of subpoena effected to oppress - Whether application to set aside subpoena dismissed
Berjaya Land Bhd v. Wong Chee Hie & Ors
(Nallini Pathmanathan J) [2012] 4 CLJ 356 [HC]

COMPANY LAW

Directors - Powers of directors - Whether directors of companies under receivership had locus standi to sue receivers and managers in companies' names - Whether action interfered with functions of receivers and managers and threatened debenture holder's interests - Whether directors' failure to give companies indemnity as to costs material - Whether receivers and managers could sell charged land by tender/private treaty without resort to judicial sale - Companies Act 1965, ss. 192(2) & (3)
Score Option Sdn Bhd & Anor v. Duar Tuan Kiat & Ors
(Amelia Tee Abdullah JC) [2012] 4 CLJ 384 [HC]

CONTRACT

Breach - Damages/specific performance - Plaintiff entered into Lease Agreement with Malayan Railway - Unilateral termination of Lease Agreement - Whether lawful - Whether plaintiff proved losses - Whether plaintiff entitled to damages
Berjaya Development Sdn Bhd v. Keretapi Tanah Melayu Bhd & Anor
(Siti Khadijah JC) [2012] 4 CLJ 351 [HC]

CRIMINAL LAW

Murder - Defence - Grave and sudden provocation - Whether confession of infidelity by wife tantamount to grave and sudden provocation - Whether provocation grave and sudden enough - Standards of reasonable man
T Paramasparan Thanigajalam v. PP
(Hasan Lah, Abdul Malik Ishak, Mohtarudin Baki JJCA) [2012] 4 CLJ 309 [CA]

Murder - Defence - Sudden fight - Elements to establish - Whether proved - Whether defence available - Penal Code, ss. 300, 302
T Paramasparan Thanigajalam v. PP
(Hasan Lah, Abdul Malik Ishak, Mohtarudin Baki JJCA) [2012] 4 CLJ 309 [CA]

Murder - Penal Code, s. 302 - Prima facie case - Whether established - Whether there was break in chain of evidence of blood samples - Whether created reasonable doubt on DNA evidence - Whether trial judge misdirected himself when accepting evidence of witness who was accessory before and after fact - Whether there was maximum evaluation of evidence - Failure of prosecution to call material witnesses - Whether triggered adverse presumption under s. 114(g) Evidence Act 1950 - Whether circumstantial evidence insufficient to sustain finding of appellant's guilt
Tay Kok Wah v. PP
(Sulaiman Daud, Syed Ahmad Helmy, Mohamed Apandi Ali JJCA) [2012] 4 CLJ 337 [CA]

CRIMINAL PROCEDURE

Appeal - Appeal against conviction and sentence - Murder - Whether there was break in chain of evidence of blood samples - Whether created reasonable doubt on DNA evidence - Whether trial judge misdirected himself when accepting evidence of witness who was accessory before and after fact - Whether there was maximum evaluation of evidence - Failure of prosecution to call material witnesses - Whether triggered adverse presumption under s. 114(g) Evidence Act 1950 - Whether circumstantial evidence insufficient to sustain finding of appellant's guilt
Tay Kok Wah v. PP
(Sulaiman Daud, Syed Ahmad Helmy, Mohamed Apandi Ali JJCA) [2012] 4 CLJ 337 [CA]

EVIDENCE

Privilege - Legal professional privilege - Solicitor subpoenaed to testify at trial - Whether solicitor material witness for just decision of case - Whether proper course would be for subpoenaed witness to invoke s. 126 Evidence Act 1950 at trial
Berjaya Land Bhd v. Wong Chee Hie & Ors
(Nallini Pathmanathan J) [2012] 4 CLJ 356 [HC]

LAND LAW

Acquisition of land - Reference to court - Claim for increased assessment of compensation - Value of land - Whether fair and reasonable - Whether comparables provided were relevant - Whether applicant discharged burden of proving value of land
Saudajana Venture Sdn Bhd v. Pentadbir Tanah Daerah Barat Daya, Pulau Pinang
(Varghese George JC) [2012] 4 CLJ 371 [HC]

SECURITIES

General mandatory offer - Control of more than 33% of shares in company - Defendants acquired more than 33% shares in company but failed to carry out mandatory general offer - Breach of rule 34 of the Malaysian Code on Take-Overs and Mergers 1987 ('Code') - Whether breach of statutory duty gave plaintiff minority shareholders cause of action in tort against defendants for damages - Whether Code read with ss. 33A(9) & (10) of the Securities Commission Act 1993 conferred cause of action on plaintiffs - Whether plaintiffs suffered loss due to breach of statutory duty
Tuan Hj Zulkifli Hj Hussain & Ors v. IOI Corporation Bhd & Ors
(Nallini Pathmanathan J) [2012] 4 CLJ 401 [HC]

Legal Network Series Articles

1. FITNAH SIBER: SATU TINJAUAN DARI SUDUT ISLAM, PERLEMBAGAAN DAN UNDANG-UNDANG ^{[Read excerpt]}
    BY: SUHAIMEE SAAHAR @ SAABAR [2012] 1 LNS(A) xl

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