Bulletin_44

Kerajaan Malaysia v. Yong Siew Choon
(Revenue law - Income tax - Assessment - Estate of deceased person) [2005] 4 CLJ 537

Pathma Naganather & Anor v. Nivedita Naganather
(Civil procedure - Appeal - Fact, findings of - Decision of trial judge) [2005] 4 CLJ 552

PP v. Ooi Teng Chian
(Criminal law - Dangerous Drugs Act 1952 - Section 39B - Possession of drugs) [2005] 4 CLJ 557

Reza Mohd Shah Ahmad Shah v. PP
(Criminal law - Dangerous Drugs Act 1952 - Section 39B(1)(a) [2005] 4 CLJ 581

Yit Kean Hong v. PP
(Criminal procedure - Sentence - Appeal against sentence - Whether sentences manifestly excessive) [2005] 4 CLJ 592

Chong Lee Fah v. The New Straits Times Press (M) Bhd & Anor
(Labour law - Employment - Transfer - Breach – Constructive dismissal) [2005] 4 CLJ 605

Remedies - Certiorari, application for - To quash award of Industrial Court - Whether applicant entitled to consider herself constructively dismissed - Whether first respondent had breached a fundamental term of contract of employment - Whether Industrial Court had erred
Chong Lee Fah v. The New Straits Times Press (M) Bhd & Anor
(Raus Sharif J) [2005] 4 CLJ 605

Appeal - Fact, findings of - Decision of trial judge - Whether relevant facts considered in reaching decision - Appellate intervention, whether warranted - Transfer of land and consideration - Consent judgment and res judicata
Pathma Naganather & Anor v. Nivedita Naganather
(Mokhtar Sidin, Mohd Ghazali Yusoff & Augustine Paul JJCA) [2005] 4 CLJ 552 [CA]

Parties - Action against estate of deceased - Whether O. 15 r. 6A applicable if there is a person who can be sued
Kerajaan Malaysia v. Yong Siew Choon
(Pajan Singh Gill, Rahmah Hussein & Augustine Paul FCJJ) [2005] 4 CLJ 537 [FC]

Dangerous Drugs Act 1952 - Section 37A(1) - Whether s. 37A(1) expressly authorises asking of questions to elicit statement from person - In what circumstances might method of questioning render statement made inadmissible
PP v. Ooi Teng Chian
(Richard Malanjum, Hashim Yusoff & Augustine Paul JJCA) [2005] 4 CLJ 557 [CA]

Dangerous Drugs Act 1952 - Section 37A(2) - Whether s. 37A(2) means that person to whom caution was administered not bound to answer any question even though other written laws require - Whether s. 37A(2) nullifies effect of s. 112(ii) Criminal Procedure Code
PP v. Ooi Teng Chian
(Richard Malanjum, Hashim Yusoff & Augustine Paul JJCA) [2005] 4 CLJ 557 [CA]

Dangerous Drugs Act 1952 - Section 37(d) - Statutory presumption - Where knowledge on the part of accused to establish possession of dangerous drugs is presumed, whether possible to further presume that accused was trafficking in the dangerous drugs
PP v. Ooi Teng Chian
(Richard Malanjum, Hashim Yusoff & Augustine Paul JJCA) [2005] 4 CLJ 557 [CA]

Dangerous Drugs Act 1952 - Section 37(j) - Whether percentage referred to in s. 37(j) refers to receptacles or total weight of drugs found or total weight of samples taken
PP v. Ooi Teng Chian
(Richard Malanjum, Hashim Yusoff & Augustine Paul JJCA) [2005] 4 CLJ 557 [CA]

Dangerous Drugs Act 1952 - Section 39B - Possession of drugs - Where accused has custody of receptacles containing dangerous drugs, whether it must be shown that he had knowledge of the contents in order to establish that he had possession of the dangerous drugs - Principles for establishing knowledge
PP v. Ooi Teng Chian
(Richard Malanjum, Hashim Yusoff & Augustine Paul JJCA) [2005] 4 CLJ 557 [CA]

Dangerous Drugs Act 1952 - Section 39B(1)(a) - Trafficking in cannabis - Whether there was an express and affirmative finding of possession against accused - Whether legal presumption of trafficking under s. 37(da) could be invoked - Whether a reduced charge of possession ought to be brought against accused - Dangerous Drugs Act 1952, s. 37(d), (da)
Reza Mohd Shah Ahmad Shah v. PP
(Abdul Kadir Sulaiman, Arifin Zakaria & Nik Hashim JJCA) [2005] 4 CLJ 581 [CA]

Sentence - Appeal against sentence - Two sentences of 15 years’ imprisonment for culpable homicide and attempted murder to run consecutively - Whether sentences manifestly excessive - Whether ought to run concurrently - Plea of guilty - Public interest - Deterrent sentence - Whether trial judge properly exercised discretion in imposing sentences
Yit Kean Hong v. PP

Sentence - Principles of sentencing - Drug related offences
PP v. Ooi Teng Chian
(Richard Malanjum, Hashim Yusoff & Augustine Paul JJCA) [2005] 4 CLJ 557 [CA]

Employment - Transfer - Breach - Constructive dismissal - Whether first respondent had breached a fundamental term of contract of employment - Whether applicant entitled to consider herself constructively dismissed
Chong Lee Fah v. The New Straits Times Press (M) Bhd & Anor
(Raus Sharif J) [2005] 4 CLJ 605 [HC]

Income tax - Assessment - Estate of deceased person - Whether Income Tax Act 1967 makes executors liable in matters relating to assessment and chargeability to tax respecting estate of deceased persons - Whether proceedings can be commenced against executor for recovery of tax due and payable
Kerajaan Malaysia v. Yong Siew Choon
(Pajan Singh Gill, Rahmah Hussein & Augustine Paul FCJJ) [2005] 4 CLJ 537 [FC]

"executor" - Meaning of - Whether reference in ss. 64 and 74 Income Tax Act 1967 includes person who is administering or managing estate of deceased person
Kerajaan Malaysia v. Yong Siew Choon
(Pajan Singh Gill, Rahmah Hussein & Augustine Paul FCJJ) [2005] 4 CLJ 537 [FC]

Seminar:	Strata Title - Guidelines & Recent Developments
Date:	1^st December 2005 (Thursday)
Venue:	The Royale Bintang Hotel, Kuala Lumpur
Chairman:	Hj Safian Bin Tan Sri Hj Ibrahim Director of Syarikat Pembenaan Yeoh Tiong Lay Sdn Bhd (Subsidiary of YTL Corp. Bhd)
Speakers:	Y.Bhg. Dr Azimuddin Bahari Director of Strata Title Section, Jabatan Ketua Pengarah Tanah dan Galian, Ministry of Natural Resources & Environment Yong Yung Choy Advocate & Solicitor, Managing Partner, Yong & Rakan-Rakan
Link:	www.myseminars.com.my

Seminar:	Alternative Dispute Resolution (ADR): The Human Resources Approach
Date:	14^th December 2005 (Wednesday)
Venue:	The Corus Hotel, Kuala Lumpur
Chairman:	Hj Safian Bin Tan Sri Hj Ibrahim Director of Syarikat Pembenaan Yeoh Tiong Lay Sdn Bhd (Subsidiary of YTL Corp. Bhd)
Speakers:	Yang Ariff Tuan Haji Yusoff President of the Industrial Court of Malaysia (Subsidiary of YTL Cord. Bhd) Dato' Syed Idid Ahmad Director, Regional Centre for Arbitration Kuala Lumpur Professor Maimunah Aminuddin Lecturer, Faculty of Business Management, University Technology MARA Muhendaran Suppiah Partner, Muhendran Sri, Advocates & Solicitors Dato’ Noorashikin bt. Tan Sri Abd Rahim Legal Counsel, Regional Centre for Arbitration Kuala Lumpur Yeo Yee Ling Legal Counsel, Regional Centre for Arbitration Kuala Lumpur
Link:	www.myseminars.com.my

Criminal Procedure: Sentence - Adequacy - Rape - Appeal by Public Prosecutor - Mitigation and considerations