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CLJ Bulletin, Issue 2012, Vol 48 7 December 2012 Print this page ![]() |
MARLAN MARPAUNG v. PP
COURT OF APPEAL, PUTRAJAYA
ABDUL MALIK ISHAK JCA, AZHAR MA'AH JCA, CLEMENT SKINNER JCA
[CRIMINAL APPEAL NO: B-05-16-2011]
20 AUGUST 2012
Criminal Procedure: Defence - Shift in defence - Accused on drug trafficking charge changed stand to contend drugs belonged to co-accused who was acquitted and discharged - Accused during entire prosecution's case maintained drugs belonged to someone else who had escaped - Whether change in stand destroyed accused's credibility and bona fides of defence - Whether accused should have raised issue of ownership of drugs at earliest opportunity when arrested with co-accused, when interrogated or during prosecution's case - Whether accused's conduct at time of arrest showed he knew of drugs in bag
Legal Network Series
ACE INA INTERNATIONAL HOLDINGS LTD v. ADVANCE SYNERGY CAPITAL SDN BHD
CIVIL PROCEDURE: Res judicata - Judgment - Defendant refusing to complete performance of agreement - Challenge to validity of letter of approval from BNM - Whether letter of approval met requirement of s. 67 of the Insurance Act 1996 - Allegations already dealt with in two earlier judgments - Whether defendant precluded from raising and relying on these allegations under principle of res judicata
CONTRACT: Sale and purchase of shares - Contended that ASB was obliged to obtain approval of the Securities Commission before it could comply with any part of the completion requirements - Whether business direction or policy of ASB would change within the meaning of s. 212 (2) (f) of the Capital Markets and Services Act 2007 by defendant's disposal of its 49% stake in the company - Whether sale of 49% stake by defendant would attract s. 212 (2)(f)
PP v. PUSPANATHAN NARAYANASAMY
CRIMINAL PROCEDURE: Prosecution - Gap in evidence - Time discrepancy - No explanation by prosecution - Whether same drugs recovered and finally produced in court - Whether time discrepancy fatal and affected chain of evidence adduced by prosecution
CRIMINAL LAW: Dangerous Drugs Act 1952 - s. 39B(1)(a) - Trafficking in dangerous drugs - Requisite legal or presumptive possession and knowledge of drugs by accused - Whether proved that accused had exclusive occupation of unlocked room in which drugs were found - Whether evidence sufficient to prove custody and/or control - Whether prima facie case made out
CIMB BANK BERHAD v. JEWEL GROWTH SDN BHD & ORS
BANKING: Banks and banking business - Guarantees - Guidelines for Lending Institutions Accepting Guarantee for a Credit Facility - Credit facility granted to 1st defendant where guarantors were Directors of corporate borrower - Whether guidelines applicable
CIVIL PROCEDURE: Summary judgment - Application for - Action to recover moneys loaned - Guarantee - Whether triable issues raised - Whether defences raised bare allegations unsupported by evidence - Whether conflicted with material contemporaneous documents
YASUYUKI KAYASHIMA v. DATO' SERI F KONISHI & ANOR
CONTRACT: Employment contract - Termination - Letter of termination cited 2 acts of insubordination of plaintiff - Not cited in the alternative but conjunctively - Whether burden on defendants to justify not one but both acts - Whether two acts of insubordination proved and/or sufficed to justify plaintiff's termination - Whether termination justified
LABOUR LAW: Employment - Termination of employment - Reference by defendants to letter of reprimand in letter of termination to plaintiff - Plaintiff did not defend and rebut allegations of insubordination in writing earlier - Whether plaintiff estopped from doing so now
LABOUR LAW: Employment - Letter of reprimand - Insubordination - Failure of plaintiff to comply with order or instruction of 1st defendant, plaintiff's superior - Whether order of 1st defendant was primarily lawful - Whether failure to comply constituted a disobedience to his order or instruction - Whether allegation of insubordination established
LABOUR LAW: Employment - Letter of reprimand - Misconduct - Failure to apply for leave - Absence from work - Plaintiff contended he was entitled to replacement leave for the non-working days he was allegedly working - Whether plaintiff enjoyed such right under his Employment Agreement - Whether plaintiff was absent from work without leave - Whether constituted an act of misconduct
DATIN PAW POE CHOO v. TAN AH HIN & ANOR
CONTRACT: Formation - Existence of loan agreement - Plaintiff allegedly made advances at defendant's request - Whether 1st defendant made requests for advances of plaintiff - Whether loan agreement came into existence
CONTRACT: Parties - Loan agreement - Whether plaintiff the proper party to institute present claim - Whether advances related to business dealings between plaintiff's husband and 1st defendant - Whether parties to loan agreement, if any, were plaintiff's husband and 1st defendant and not plaintiff
CONTRACT: Breach - Claim for repayment of monies advanced - No due date for repayment at the time of alleged advances - Plaintiff's claim for return of advances - Whether there was a breach of the loan agreement
CONTRACT: Remedies - Restitution - Claim for - Plaintiff allegedly made advances at defendant's request - Monies credited into 3 accounts - Whether advances were part of business dealings between plaintiff's husband and 1st defendant - Whether claim based on s. 71 of the Contracts Act 1950 unsustainable
CLJ 2012 Volume 7 (Part 7)
COURT
FEDERAL COURT
Director Of Forests, Sarawak & Anor v. Balare Jabu & Ors And Another Appeal
Arifin Zakaria CJ, Richard Malanjum CJ (Sabah & Sarawak), Abdull Hamid Embong FCJ
(Limitation; Land Law; Civil Procedure - Public authorities - Whether action time barred) [2012] 7 CLJ 685 [FC]Joseph Paulus Lantip & Ors v. Unilever PLC
Arifin Zakaria CJ, Hashim Yusoff, Abdull Hamid Embong, Zaleha Zahari, Zainun Ali FCJJ
(Civil Procedure - Service out of jurisdiction - Application to strike out writ - Whether striking out application involved a different exercise) [2012] 7 CLJ 693 [FC]COURT OF APPEAL
Md Zainuddin Raujan v. PP
Zaleha Zahari, Ahmad Maarop, Balia Yusof Wahi JJCA
(Criminal Law; Evidence - Information leading to fact discovered - Prerequisites under s. 27 Evidence Act 1950) [2012] 7 CLJ 715 [CA]HIGH COURT
Koh Beng Teck & Ors v. IOI Properties Bhd & Ors
John Louis O'hara J
(Civil Procedure; Local Government - Injunction - Maintenance and repair - Whether damages an adequate remedy) [2012] 7 CLJ 731 [HC]Lavender Key Sdn Bhd v. Transbay Ventures Sdn Bhd
VT Singham J
(Company Law; Words & Phrases - Winding-up - Leave to commence action against wound up company - Abuse of court's process - Companies Act 1965, s. 226(3)(a)) [2012] 7 CLJ 743 [HC]Mad Nazri Sulaiman & Anor v. PP
John Ko Wai Seng JC
(Criminal Law; Criminal Procedure - Corruption - Whether trial judge committed manifest error in sentencing - Whether interference warranted) [2012] 7 CLJ 757 [HC]Teo Soo Chuan v. The State Government Of Sarawak & Ors
Rhodzariah Bujang J
(Land Law - Easement - Extinguishment of - Whether court has power to declare easements as being extinguished) [2012] 7 CLJ 777 [HC]SUBJECT INDEX
CIVIL PROCEDURE
Appeal - Interlocutory appeals - Respondents' claim for native customary rights - Appellants' application to strike out action - Whether action time barred - Whether respondents' claim disclosed cause of action that should be determined by full trial - Whether triable issue could be disposed summarily in the absence of any strong evidence to substantiate it
Director Of Forests, Sarawak & Anor v. Balare Jabu & Ors And Another Appeal
(Arifin Zakaria CJ, Richard Malanjum CJ (Sabah & Sarawak), Abdull Hamid Embong FCJ) [2012] 7 CLJ 685 [FC]Declaratory relief - Native customary rights, claim for - Whether action time barred - Whether appellants' act a continuing injury or damage upon respondents' native customary rights - Whether respondents had valid cause of action - Public Authorities Protection Act 1948, s. 2(a)
Director Of Forests, Sarawak & Anor v. Balare Jabu & Ors And Another Appeal
(Arifin Zakaria CJ, Richard Malanjum CJ (Sabah & Sarawak), Abdull Hamid Embong FCJ) [2012] 7 CLJ 685 [FC]Injunction - Order of injunction - Application for - Intrusion over plaintiffs' property by defendants to build public road without plaintiffs' consent - Whether prima facie a clear exemplification of trespass - Whether damages an adequate remedy - Whether third defendant empowered or authorised to enter plaintiffs' property - Whether there was any statutory provision to justify third defendant's actions - Whether interim injunction granted
Koh Beng Teck & Ors v. IOI Properties Bhd & Ors
(John Louis O'Hara J) [2012] 7 CLJ 731 [HC]Striking out - Writ and statement of claim - Service out of jurisdiction - Leave of court obtained by appellants to issue writ out of jurisdiction - Dismissal of respondent's application to set aside leave - Application to strike out writ - Whether respondent barred by res judicata to apply for striking out as same issues had been dealt with during leave application - Whether merits of case considered during leave stage - Whether striking out application involves a different exercise - Whether striking out application relied upon issues raised during application to set aside leave - Rules of the High Court 1980, O. 11, O. 12 r. 7 & O. 18 r. 19
Joseph Paulus Lantip & Ors v. Unilever PLC
(Arifin Zakaria CJ, Hashim Yusoff, Abdull Hamid Embong, Zaleha Zahari, Zainun Ali FCJJ) [2012] 7 CLJ 693 [FC]Writ of summons - Service out of jurisdiction - Leave of court obtained by appellants to issue writ out of jurisdiction - Dismissal of respondent's application to set aside leave - Application to strike out writ - Whether respondent barred by res judicata to apply for striking out as same issues had been dealt with during leave application - Whether merits of case considered during leave stage - Whether striking out application involved a different exercise - Whether striking out application relied upon issues raised during application to set aside leave - Rules of the High Court 1980, O. 11, O. 12 r. 7 & O. 18 r. 19
Joseph Paulus Lantip & Ors v. Unilever PLC
(Arifin Zakaria CJ, Hashim Yusoff, Abdull Hamid Embong, Zaleha Zahari, Zainun Ali FCJJ) [2012] 7 CLJ 693 [FC]COMPANY LAW
Winding-up - Leave to commence action against wound up company - Whether leave from winding up court must be obtained beforehand - Whether application scandalous, frivolous or vexatious - Abuse of court's process - Whether 'the court' under s. 226(3)(a) Companies Act 1965 referred to any court or winding up court
Lavender Key Sdn Bhd v. Transbay Ventures Sdn Bhd
(VT Singham J) [2012] 7 CLJ 743 [HC]/p>CRIMINAL LAW
Corruption - Corruptly receiving gratification - Whether presumption under s. 42(1) Anti-Corruption Act 1997 arose once prosecution proved prima facie case - Whether appellants rebutted presumption - Whether case established beyond reasonable doubt
Mad Nazri Sulaiman & Anor v. PP
(John Ko Wai Seng JC) [2012] 7 CLJ 757 [HC]Dangerous Drugs Act 1952 - Section 39B(1)(a) - Trafficking in - Conviction and sentence - Appeal against - Credibility of witnesses - Whether trial judge properly assessed evidence of witnesses - Failure of prosecution to call material witnesses - Gaps in prosecution's case - Whether appellant failed to rebut statutory presumption under s. 37(da) - Whether prima facie case established
Md Zainuddin Raujan v. PP
(Zaleha Zahari, Ahmad Maarop, Balia Yusof Wahi JJCA) [2012] 7 CLJ 715 [CA]CRIMINAL PROCEDURE
Sentence - Appeal against sentence - Corruptly receiving gratification - Whether trial judge considered irrelevant matters and omitted relevant mitigating factors - Whether trial judge committed manifest error in sentencing - Whether interference warranted
Mad Nazri Sulaiman & Anor v. PP
(John Ko Wai Seng JC) [2012] 7 CLJ 757 [HC]EVIDENCE
Information leading to fact discovered - Admissibility of statement - Prerequisites under s. 27 Evidence Act 1950 - Whether complied with - Whether trial within trial necessary to determine admissibility of information - Dangerous Drugs Act 1952, s. 37A
Md Zainuddin Raujan v. PP
(Zaleha Zahari, Ahmad Maarop, Balia Yusof Wahi JJCA) [2012] 7 CLJ 715 [CA]LAND LAW
Customary land - Native customary rights, claim for - Whether action time barred - Whether appellants' act was a continuing injury or damage upon the respondents' native customary rights - Whether respondents had a valid cause of action - Public Authorities Protection Act 1948, s. 2(a)
Director Of Forests, Sarawak & Anor v. Balare Jabu & Ors And Another Appeal
(Arifin Zakaria CJ, Richard Malanjum CJ (Sabah & Sarawak), Abdull Hamid Embong FCJ) [2012] 7 CLJ 685 [FC]Easement - Extinguishment of - Breach of terms of easements - Allegation of - Whether only Registrar of Lands & Surveys Department has power to extinguish and remove easements - Whether court has power to declare easements as being extinguished - Whether arbitrator the correct forum to hear dispute - Whether plaintiff could seek redress from court on transgression of his right as owner of land - Whether plaintiff should be paid compensation - Sarawak Land Code, s. 141 - Rules of the High Court 1980, O. 15 r. 16
Teo Soo Chuan v. The State Government Of Sarawak & Ors
(Rhodzariah Bujang J) [2012] 7 CLJ 777 [HC]LIMITATION
Public authorities - Whether action time barred - Native customary rights - Respondents' claim for declaratory reliefs - Whether appellants' act was a continuing injury or damage upon the respondents' native customary rights - Whether respondents had a valid cause of action - Public Authorities Protection Act 1948, s. 2(a)
Director Of Forests, Sarawak & Anor v. Balare Jabu & Ors And Another Appeal
(Arifin Zakaria CJ, Richard Malanjum CJ (Sabah & Sarawak), Abdull Hamid Embong FCJ) [2012] 7 CLJ 685 [FC]LOCAL GOVERNMENT
Maintenance and repair - Rectification of development - Construction works carried out on plaintiffs' property without consent - Whether prima facie a clear exemplification of trespass - Whether third defendant empowered or authorised to enter plaintiffs' property - Whether there was any statutory provision to justify third defendant's actions - Street, Drainage and Building Act 1974, s. 83 - Local Government Act 1976, ss. 97, 101(v)
Koh Beng Teck & Ors v. IOI Properties Bhd & Ors
(John Louis O'hara J) [2012] 7 CLJ 731 [HC]WORDS & PHRASES
"the court" - Companies Act 1965, s. 226(3)(a) - Wording of - Whether "court" refers to any court or winding up court
Lavender Key Sdn Bhd v. Transbay Ventures Sdn Bhd
(VT Singham J) [2012] 7 CLJ 743 [HC]
CLJ 2012 Volume 7 (Part 8)
COURT
FEDERAL COURT
Hari Bhadur Ghale v. PP
Richard Malanjum CJ (Sabah & Sarawak), Hashim Yusoff, Suriyadi Halim Omar, Zaleha Zahari, Jeffery Tan FCJJ
(Criminal Law; Evidence - Dangerous Drugs Act 1952 - Trafficking - Agent provocateur - Admissibility of evidence) [2012] 7 CLJ 789 [FC]Score Options Sdn Bhd v. Mexaland Development Sdn Bhd
Arifin Zakaria CJ, Raus Sharif PCA, Hashim Yusoff, Abdull Hamid Embong, Zainun Ali FCJJ
(Land Law; Contract; Words and Phrases - Caveat - Private caveat - Removal of) [2012] 7 CLJ 802 [FC]COURT OF APPEAL
Dato' Ahmad Zahid Hamidi v. Amir Bazli Abdullah
Zaleha Zahari, Clement Allan Skinner, Aziah Ali JJCA
(Civil Procedure - Striking out - Writ and statement of claim - Whether there was non-indorsement of plaintiff's claim in writ) [2012] 7 CLJ 823 [CA]David Abraham Samson Paul v. Syed Shahir Syed Mohamud & Ors
Raus Sharif PCA, Ramly Ali, Syed Ahmad Helmy JJCA
(Legal Profession - Professional discipline - Misconduct - Legal Profession Act 1976, s. 94(3)(c)) [2012] 7 CLJ 830 [CA]Siti Hasnah Vangarama Abdullah v. Tun Dr Mahathir Mohamad (As The President Of PERKIM) & Ors
Abu Samah Nordin, Sulaiman Daud, Hishamudin Mohd Yunus JJCA
(Conflict Of Laws; Constitutional Law; Islamic Law - Jurisdiction - High Court of Malaya - Syariah High Court - Conversion of minor of Hindu faith to Islam) [2012] 7 CLJ 845 [CA]PP v. Vijayakumar Kumara Guru & Anor
Su Geok Yiam J
(Criminal Procedure; Words and Phrases - Sentencing - Principles - Conviction on reduced charge of possession of dangerous drugs) [2012] 7 CLJ 862 [HC]Richard Curtis & Co Sdn Bhd v. Khatijah Abdul Majid
Asmabi Mohamad JC
(Civil Procedure; Contract - Breach - Sale and purchase agreement - Misrepresentation - Misrepresentation of statement and/or fact) [2012] 7 CLJ 878 [HC]SUBJECT INDEX
CIVIL PROCEDURE
Pleadings - Defect in pleadings - Plaintiff's statement of claim in skeletal form - Whether disclosed reasonable cause of action against defendant
Richard Curtis & Co Sdn Bhd v. Khatijah Abdul Majid
(Asmabi Mohamad JC) [2012] 7 CLJ 878 [HC]Striking out - Writ and statement of claim - Whether there was non-indorsement of plaintiff's claim in writ - Rules of the High Court 1980, O. 6 r. 2(1)(a) - Whether there was reasonable cause of action - Whether statement of claim discloses some grounds of action - Whether an appropriate case for striking out - Rules of the High Court 1980, O. 18 r. 19(1)
Dato' Ahmad Zahid Hamidi v. Amir Bazli Abdullah
(Zaleha Zahari, Clement Allan Skinner, Aziah Ali JJCA) [2012] 7 CLJ 823 [CA]CONFLICT OF LAWS
Jurisdiction - High Court of Malaya - Syariah High Court - Conversion of minor of Hindu faith to Islam - Subsequent application to renounce Islamic faith - Whether matter within exclusive jurisdiction of Syariah High Court - Whether action seeking to challenge legality and constitutionality of conversion - Whether within exclusive jurisdiction of civil High Court - Federal Constitution arts. 11(1), 12(4), 121(1A) - Administration of Islamic Religion (State of Penang) Enactment 2004, ss. 61(3)(b)(x), 117 - Rules of the High Court 1980, O. 18 r. 19(a)-(d)
Siti Hasnah Vangarama Abdullah v. Tun Dr Mahathir Mohamad (As The President Of PERKIM) & Ors
(Abu Samah Nordin, Sulaiman Daud, Hishamudin Mohd Yunus JJCA) [2012] 7 CLJ 845 [CA]CONSTITUTIONAL LAW
Courts - Jurisdiction - Syariah and civil courts - Conversion of minor of Hindu faith to Islam - Subsequent application to renounce Islamic faith - Whether matter within exclusive jurisdiction of Syariah High Court - Whether action seeking to challenge legality and constitutionality of conversion - Whether within exclusive jurisdiction of civil High Court - Federal Constitution, arts. 11(1), 12(4), 121(1A)
Siti Hasnah Vangarama Abdullah v. Tun Dr Mahathir Mohamad (As The President Of PERKIM) & Ors
(Abu Samah Nordin, Sulaiman Daud, Hishamudin Mohd Yunus JJCA) [2012] 7 CLJ 845 [CA]CONTRACT
Breach - Sale and purchase agreement - Claim against shortfall of land - Intention of parties - Whether agreement to sell land by square meterage or square footage - Whether plaintiff proved claim against defendant
Richard Curtis & Co Sdn Bhd v. Khatijah Abdul Majid
(Asmabi Mohamad JC) [2012] 7 CLJ 878 [HC]Joint venture - Joint Venture Agreement - Terms of - Respondent given rights to develop appellant's land - Lodgement of private caveat on land by respondent - Termination of agreement - Whether respondent had caveatable interest in land - Whether parties can create a caveatable interest by agreement between themselves - Factors to consider - Whether a party to a joint venture agreement to develop land for profit has a caveatable interest - National Land Code, ss. 323 & 326(2)
Score Options Sdn Bhd v. Mexaland Development Sdn Bhd
(Arifin Zakaria CJ, Raus Sharif PCA, Hashim Yusoff, Abdull Hamid Embong, Zainun Ali FCJJ) [2012] 7 CLJ 802 [FC]Misrepresentation - Misrepresentation of statement and/or fact - Whether defendant misrepresented as to size of land - Whether land was surveyed - Whether valuation report, if tendered, would be in favour of plaintiff - Whether misrepresentation proven
Richard Curtis & Co Sdn Bhd v. Khatijah Abdul Majid
(Asmabi Mohamad JC) [2012] 7 CLJ 878 [HC]CRIMINAL LAW
Dangerous Drugs Act 1952 - Trafficking - 875.2 grams of heroin - Conviction and sentence - Appeal against - Agent provocateur's role in arrest
Hari Bhadur Ghale v. PP
(Richard Malanjum CJ (Sabah & Sarawak), Hashim Yusoff, Suriyadi Halim Omar, Zaleha Zahari, Jeffery Tan FCJJ) [2012] 7 CLJ 789 [FC]CRIMINAL PROCEDURE
Sentencing - Principles - Conviction on reduced charge of possession of dangerous drugs - Whether sentence ought to reflect seriousness of offence - Whether plea of guilt strong mitigating factor - Whether weight of drugs considered in sentencing - Whether accused had mens rea possession
PP v. Vijayakumar Kumara Guru & Anor
(Su Geok Yiam J) [2012] 7 CLJ 862 [HC]EVIDENCE
Agent provocateur - Admissibility of evidence - Dangerous Drugs Act 1952, s. 40A - Interpretation of s. 40A(2) - Categories of agent provocateur - Whether limited to police and customs officer only - Limbs of s. 40A(2) - Whether agent provocateur can claim benefit under s. 40A(2)
Hari Bhadur Ghale v. PP
(Richard Malanjum CJ (Sabah & Sarawak), Hashim Yusoff, Suriyadi Halim Omar, Zaleha Zahari, Jeffery Tan FCJJ) [2012] 7 CLJ 789 [FC]ISLAMIC LAW
Jurisdiction - Syariah High Court - Conversion of minor of Hindu faith to Islam - Conversion effected without parental consent - Subsequent application to renounce Islamic faith - Whether action seeking to challenge legality and constitutionality of conversion - Whether not a matter within exclusive jurisdiction of Syariah Courts - Administration of Islamic Religion (State of Penang) Enactment 2004, ss. 61(3)(b)(x), 117
Siti Hasnah Vangarama Abdullah v. Tun Dr Mahathir Mohamad (As The President Of PERKIM) & Ors
(Abu Samah Nordin, Sulaiman Daud, Hishamudin Mohd Yunus JJCA) [2012] 7 CLJ 845 [CA]LAND LAW
Caveat - Caveatable interest - Parties entered into Joint Venture Agreement - Respondent given rights to develop appellant's land - Lodgement of private caveat on land by respondent - Dispute arose between parties - Whether respondent has caveatable interest - Factors to consider - Whether parties can create a caveatable interest by agreement between themselves - Whether respondent conferred with rights to develop land which would give rise to a monetary interest - Whether respondent claiming an existing interest in land - Whether caveat liable to be removed - National Land Code, ss. 323 & 326(2)
Score Options Sdn Bhd v. Mexaland Development Sdn Bhd
(Arifin Zakaria CJ, Raus Sharif PCA, Hashim Yusoff, Abdull Hamid Embong, Zainun Ali FCJJ) [2012] 7 CLJ 802 [FC]Caveat - Private caveat - Removal of - Parties entered into Joint Venture Agreement - Respondent given rights to develop appellant's land - Lodgement of private caveat on land by respondent - Dispute arose between parties - Whether respondent has caveatable interest - Factors to consider - Whether parties can create a caveatable interest by agreement between themselves - Whether respondent conferred with rights to develop land which would give rise to a monetary interest - Whether respondent claiming an existing interest in land - Whether caveat liable to be removed - National Land Code, ss. 323 & 326(2)
Score Options Sdn Bhd v. Mexaland Development Sdn Bhd
(Arifin Zakaria CJ, Raus Sharif PCA, Hashim Yusoff, Abdull Hamid Embong, Zainun Ali FCJJ) [2012] 7 CLJ 802 [FC]LEGAL PROFESSION
Professional discipline - Misconduct - Legal Profession Act 1976, s. 94(3)(c) - Legal fees - Retention of purchase proceeds for other legal matters - Failure to account for monies received in appellant's capacity as solicitor - Found guilty by Disciplinary Committee and High Court - Whether findings erroneous - Whether appellant entitled to set-off legal fees under r. 7(a)(v) of the Solicitors' Account Rules 1990 - Whether appellant prejudiced - Whether penalty appropriate
David Abraham Samson Paul v. Syed Shahir Syed Mohamud & Ors
(Raus Sharif PCA, Ramly Ali, Syed Ahmad Helmy JJCA) [2012] 7 CLJ 830 [CA]WORDS & PHRASES
"pass sentence according to law" - Meaning of - Whether sentence must be within punishable section and must be assessed and passed in accordance with established judicial principles
PP v. Vijayakumar Kumara Guru & Anor
(Su Geok Yiam J) [2012] 7 CLJ 862 [HC]
Legal Network Series Articles
1. THE JUDICIARY AND THE MEDIA [Read excerpt]
by: LORD CHIEF JUSTICE OF ENGLAND AND WALES [2012] 1 LNS(A) lxx
Principal Acts
Number | Title | Date coming into force | Repealing |
ACT 749 | Mediation Act 2012 |
1 August 2012 [PU(B) 252/2012] |
-Nil- |
ACT 750 | Territorial Sea Act 2012 |
22 June 2012 [Section 1(2) of the Act] The Act applies throughout Malaysia |
-Nil- |
ACT 751 | Rukun Tetangga Act 2012 |
22 June 2012 [Section 1(2) of the Act] |
-Nil- |
ACT 752 | Malaysia Volunteers Corps Act 2012 |
22 June 2012 [Section 1(2) of the Act] |
-Nil- |
ACT 753 | Minimum Retirement Age Act 2012 | Not Yet In Force | -Nil- |
Amending Acts
Number | Title | Date coming into force | Principal/Amending Act No |
ACT A1440 | Road Transport (Amendment) Act 2012 | 15 September 2012 [PU(B) 283/2012] |
ACT 333 |
ACT A1441 | Environmental Quality (Amendment) Act 2012 | Not Yet In Force | ACT 127 |
ACT A1442 | Franchise (Amendment) Act 2012 | 1 January 2013 [PU(B) 387/2012] |
ACT 590 |
ACT A1443 | Medical (Amendment) Act 2012 | Not Yet In Force | ACT 50 |
ACT A1444 | Legal Profession (Amendment) Act 2012 | Not Yet In Force | ACT 166 |
PU(A)
Number | Title | Date of Publication | Date coming into force | Principal/Amending Act No |
PU(A) 432/2012 | Malaysia Deposit Insurance Corporation (Temporary Suspension Period) Regulations 2012 | 5 December 2012 | 6 December 2012 | ACT 720 |
PU(A) 433/2012 | Malaysia Deposit Insurance Corporation (Return Or Interest On An Index-Linked Deposit Held By A Deposit-Taking Member) Rules 2012 | 5 December 2012 | 6 December 2012 | ACT 720 |
PU(A) 434/2012 | Malaysia Deposit Insurance Corporation (Conversion Into Ringgit In Respect Of A Foreign Currency Deposit) Rules 2012 | 5 December 2012 | 6 December 2012 | ACT 720 |
PU(A) 435/2012 | Mutual Assistance In Criminal Matters (Republic Of Korea) Order 2012 | 6 December 2012 | See Order 1(2) of the PU(A) 435/2012 |
ACT 621 |
PU(A) 436/2012 | Environmental Quality (Delegation Of Powers) (Investigation On Erosion And Sediment Control) Order 2012 | 6 December 2012 | 7 December 2012 | ACT 127 |
PU(B)
Number | Title | Date of Publication | Date coming into force | Principal/Amending Act No |
PU(B) 396/2012 | Designation Under Paragraph 5(1)(b) | 6 December 2012 | 27 December 2012 | ACT 349 |
PU(B) 397/2012 | Designation Under Paragraph 5(1)(b) | 6 December 2012 | 27 December 2012 | ACT 349 |
PU(B) 400/2012 | Designation Under Paragraph 5(1)(b) | 6 December 2012 | 27 December 2012 | ACT 349 |
PU(B) 401/2012 | Designation Under Paragraph 5(1)(b) | 6 December 2012 | 27 December 2012 | ACT 349 |
PU(B) 402/2012 | Notice Of Proposed Revocation Of Reservation Of Land For Public Purpose For Section 72 Town Of Kuala Lumpur | 6 December 2012 | 7 December 2012 | ACT 56/1965 |
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