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  1. BHAVANASH SHARMA GURCHAN SINGH SHARMA v. JAGMOHAN SINGH SANDHU; ALLEN DAVID MARTINEZ (INTERVENER) [2026] 1 CLJ 1

  2. JUDICIAL QUOTES  

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CASE SPOTLIGHTS

BHAVANASH SHARMA GURCHAN SINGH SHARMA v.
JAGMOHAN SINGH SANDHU;
ALLEN DAVID MARTINEZ (INTERVENER) [2026] 1 CLJ 1
COURT OF APPEAL, PUTRAJAYA
S NANTHA BALAN JCA
AZMAN ABDULLAH JCA
COLLIN LAWRENCE SEQUERAH JCA
[CIVIL APPEAL NO: W-04(NCVC)(W)-53-02-2023]
2 SEPTEMBER 2025

CONTRACT: Agreement - Illegality - Appointment of respondent as consultant in debt recovery dispute - Respondent recommended appellant be appointed as counsel for company - Whether acts and services performed by respondent within description of person engaging in legal practice - Claim for sharing of 10% retained by appellant from sum paid in settlement of suit - Whether claim ran foul of ss. 37 and 40 of Legal Profession Act 1976 - Whether arrangement of respondent receiving 'consultancy fee' of half of fees recovered from appellant fell under definition of touting - Whether prohibited by r. 51 of Legal Profession (Practice and Etiquette) Rules 1978 - Whether claim ran foul of s. 24 of Contracts Act 1950 - Whether agreement illegal and void

LEGAL PROFESSION: Practice of law - Unauthorised person - Appointment of person who is not qualified as advocate and solicitor as consultant in debt recovery dispute - Whether acts and services performed within description of person engaging in legal practice - Whether fell within prohibition envisaged by s. 37 of Legal Profession Act 1976 ('LPA') - Whether only actions of fully paid 'in-house' counsel exempted under s. 38(1)(d) of LPA

JUDICIAL QUOTES

“Pesuruhjaya Kehakiman telah terkhilaf apabila tidak bersandarkan perintah terkemudiannya kepada keputusan majoriti di dalam kes Yong Choo Kiong v. PP [2024] 5 CLJ 69 tersebut.”

“Berpandukan petikan di atas, sudah terang lagi bersuluh bahawa Parlimen berniat untuk menjadikan Akta Perlindungan Saksi 2009 ini sebagai jaminan kepada saksi-saksi bahawa mereka akan dilindungi oleh undang-undang dan memastikan keterangan yang diberikan oleh mereka berjalan dengan lancar tanpa sebarang kebimbangan ancaman atau bahaya terhadap nyawa dan keselamatan diri mereka.”

“Justeru itu, perintah mahkamah mengarahkan PW1 memberikan keterangannya di mahkamah secara terbuka bukan sahaja berlawanan dengan hasrat murni Parlimen untuk melindungi saksi-saksi sebegini daripada pendedahan tetapi secara langsung telah menjejaskan matlamat sebenar Program Perlindungan Saksi di bawah Akta Perlindungan Saksi 2009 diwujudkan yang bertujuan untuk memberi jaminan keselamatan kepada saksi-saksi yang memerlukan perlindungan dari segi ancaman bahaya dan juga perlindungan maklumat dan identiti mereka daripada diketahui umum. Keyakinan masyarakat terhadap Program Perlindungan Saksi ini pasti akan terhakis jika identiti saksi-saksi yang sepatutnya dilindungi dengan ketat boleh pada bila-bila masa sahaja didedahkan tanpa batasan undang-undang.” - Per Azmi Ariffin HMR in PP lwn. Mohd Razin Razali & Satu Lagi Dan Rayuan Yang Lain [2025] 9 CLJ 13

LATEST CASES

Legal Network Series

CLJ 2025 Volume 10 (Part 6)

In interpreting the clauses of a commercial contract, such as a sale and purchase agreement, the court adopts an interpretation that best reflects business common sense. In this case, the dispute concerns whether the calculation of the period for delivering vacant possession begins from (i) the date when both conversion and building plan approvals were first obtained; (ii) the expiry of the 18-month period comprising the initial 12-month approval period and a six-month extension; or (iii) the date of approval of the last amended building plan. The court holds that the calculation begins as stated in (i), as this interpretation best accords with business common sense. Once the approvals are granted, the developer can commence construction, and there is no justification for postponing the start of the delivery period until the expiry of the approval period or the approval of later amendments. To hold otherwise creates a moving and uncertain timeline open to manipulation by the developer, which is commercially absurd.
Icon City Development Sdn Bhd v. Lee Kean Hwa & Ors [2025] 10 CLJ 867 [FC]

• SUBJECT
• CORAM
• COUNSEL

Sections 17 and 18 of the Countervailing and Anti-Dumping Duties Act 1993 ('CADD') must be read and applied together. The component elements of export price and normal value, under s. 18, must be established first, before a fair comparison, under s. 17 , can be made. However, the requirement of fairness mandated by s. 18 applies only to the comparison process itself and does not extend to the initial establishment of the export price under s. 17; (ii) To obtain an adjustment in the price comparison under s. 18(3) of the CADD , the exporter bears the burden of substantiating that a difference exists and, critically, that this difference affects prices and price comparability. The mere existence of a difference, ie, a duty drawback on export-only raw materials, is insufficient; it must be demonstrated that the difference impacts the comparability between the normal value and the export price.
Menteri Kewangan & Ors v. Diler Demir Celik Endustru VE Ticaret AS Turut Dikenali Sebagai Diler Iron And Steel Co Inc [2025] 10 CLJ 903 [FC]

• SUBJECT
• CORAM
• COUNSEL

Directors who act honestly, with reasonable care and in good faith, are entitled to protection from liability even when their business decisions are ultimately proven unsuccessful. A director is not liable for a commercial decision that results in a loss to the company if that decision is protected by the business judgment rule under s. 214 of the Companies Act 2016. Courts must resist the temptation to apply hindsight analysis and must instead focus on the reasonableness of decision-making process based on circumstances existing at the time.
Iris Corporation Bhd v. Tan Sri Razali Ismail & Ors [2025] 10 CLJ 948 [CA]

• SUBJECT
• CORAM
• COUNSEL

(i) As the sole licensee for the delivery and distribution of electricity in Peninsular Malaysia, only Tenaga Nasional Bhd ('TNB') is permitted to own and operate pylons, wherever situated, as so determined by TNB. Knowledge of who owns the land where the pylons are situated must surely be with TNB for TNB cannot be moving into anybody's land and erecting the pylons as it wishes without getting prior approval of the owners of the land, be it private owners or the State Authority; (ii) Notices issued by the local authorities that contain the required particulars and information to identify the pylons as holdings for the purposes of s. 137 of the Local Government Act 1976 ('LGA') are valid and sufficient; (iii) The phrase 'owner of a holding' in the context of Part XV of the LGA vis-à-vis the imposition of rates demonstrate that the general definition of 'owner' under s. 2 of the LGA does not have the effect of confining the liability for the payment of rates to landowners only. In Melaka, buildings are deemed rateable holdings which may be a separate and distinct category from land. TNB as the owner of the pylons, being holdings in Melaka, is liable to pay the rates, regardless of whether TNB owns the land where the pylons are located on.
Majlis Bandaraya Melaka Bersejarah v. Tenaga Nasional Bhd & Other Appeals [2025] 10 CLJ 980 [CA]

• SUBJECT
• CORAM
• COUNSEL

(i) Enforcement agencies must strictly adhere to all statutory and constitutional requirements before exercising powers of raid, search or arrest. Failure to comply with the mandatory procedures render the entire action unlawful; (ii) An advocate and solicitor should be able to question any searches, raids or seizures which are illegal and ultra vires the powers under which an enforcement agency seeks to act. Questioning authority in this capacity does not constitute 'obstruction of a public officer' under s. 186 of the Penal Code if the enforcement officers were not lawfully discharging their duties.
Siti Zabedah Kasim v. Akmal Nadzim Abdullah & Ors [2025] 10 CLJ 1000 [HC]

• SUBJECT
• CORAM
• COUNSEL

ARTICLES

LNS Article(s)

1. FEMALE GENITAL MUTILATION/CUTTING (FGM/C): A COMPARATIVE LEGAL PERSPECTIVE AND IMPLICATIONS FOR MALAYSIA ^{[Read excerpt]}
   by Nurin Nafsyaza Ahmad Shahidan^[i] Muhammad Raif Farisi Ahmad Nizan^[ii] Mohd Radhuan Arif Zakaria^[iii] [2025] CLJU(A) cxxi

[2025] CLJU(A) cxxi

MALAYSIA

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FEMALE GENITAL MUTILATION/CUTTING (FGM/C):
A COMPARATIVE LEGAL PERSPECTIVE AND IMPLICATIONS FOR MALAYSIA

by
Nurin Nafsyaza Ahmad Shahidan^[i]
Muhammad Raif Farisi Ahmad Nizan^[ii]
Mohd Radhuan Arif Zakaria^[iii]

ABSTRACT

Female genital mutilation/cutting (FGM/C) is the non-medical cutting, removal, or injury of female genitalia, most often performed on girls between infancy and 14 years of age. Despite international condemnation and the recognition of FGM/C as a violation of human and children's rights under instruments such as CEDAW and the CRC, the practice remains widespread, affecting an estimated 230 million girls and women across Africa, the Middle East, and parts of Asia. This study examines the socio-cultural factors and effects, including traditions, religious beliefs, community pressures, and economic incentives, that sustain FGM/C. It also investigates how international legal standards are implemented and compares domestic legal frameworks in the United Kingdom and Malaysia. Adopting a qualitative, literature-based methodology, the research draws on secondary sources from academic and legal databases and employs a comparative approach. The findings reveal that while the United Kingdom has established a robust legal regime with specific statutes, extraterritorial provisions, and protective measures, Malaysia lacks a stand-alone law and relies instead on general child protection statutes and religious or cultural justifications. The study concludes that Malaysia must reconcile its international obligations with domestic religious and cultural realities by enacting a dedicated FGM law, setting medical and legal guidelines, mandating reporting duties, and involving religious authorities. Such a pragmatic approach would enhance the protection of girls and women, reduce health risks, and align Malaysia more closely with international human rights standards.

. . .

[i], [ii] Faculty of Law, Universiti Teknologi MARA, 40450 Shah Alam, Selangor.

[iii] Corresponding author; Centre of Foundation Studies, Universiti Teknologi MARA Selangor, Dengkil Campus. Email: radhuan @uitm.edu.my.

2. PSYCHOMETRIC TEST FOR SECURITY GUARDS IN MALAYSIA: SHOULD IT BE MADE COMPULSORY? ^{[Read excerpt]}
   by Azlanor Rahmad* [2025] CLJU(A) cxxii

[2025] CLJU(A) cxxii

MALAYSIA

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PSYCHOMETRIC TEST FOR SECURITY GUARDS IN MALAYSIA: SHOULD IT BE MADE COMPULSORY?

by
Azlanor Rahmad*

ABSTRACT

Psychometric assessments are essential for detecting possible security risks in businesses because they reveal information about the psychological characteristics and behavioural patterns of workers. In order to determine how people could respond under duress, these tests look at a variety of factors, including emotional stability, risk tolerance, and stress responses. Employing psychometric testing can help organisations identify behavioural red flags early on that could point to increased security issues. Research indicates that workers who are very anxious or emotionally unstable are more likely to make mistakes or take risks that could jeopardise security. By recognising these characteristics in the hiring process, businesses may make well-informed choices on the suitability of candidates and stop possible dangers before they become more serious. Psychometric tests support the development of a conscious and accountable work culture. People are more inclined to follow compliance procedures and report suspicious activity when they are aware of their own psychological profiles and how they relate to security rules. This proactive strategy helps create a more secure organisational environment in addition to improving individual performance. Private security companies looking to improve their security frameworks by detecting possible dangers through a better comprehension of employee psychology may find that psychometric testing is a crucial instrument. Businesses can strengthen their defences against internal and external security threats by incorporating these assessments into risk management plans. Unfortunately, these tests are unknown to most private security companies in Malaysia.

. . .

*Advocate and Solicitor (non-practising), member of the Malaysian Bar Disciplinary Committee, LLB (Hons) (UM); LLM (IIUM); PhD candidate (UiTM).

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