of Corruption Act (Revised ) Act 57 (“PCA”) for corruptly Pencegah Rasuah (Akta 57), yang boleh dihukum di bawah. Hanipa berkata mengikut Seksyen 23 Akta Pencegahan Rasuah , wang diterima penjawat awam dianggap wang diterima bagi tujuan. Prevention of Corruption Act (Act 57)and Emergency (Essential (); Akta Pencegahan Rasuah (Akta ): & Anti-Corruption Act (Act ) .
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Get this bulletin as email by going to http: Transfer – Void instruments – Wrongful and illegal transfer of land – Forged instruments – Property wrongfully and illegally sold to initial purchasers and transferred to another and was charged to bank – Default in repayment of loan – Property auctioned and sold again – Claim against initial purchasers of land by administrator of property in capacity as original proprietor – Whether registration of names of initial purchasers defeasible – Allegation that property no longer registered in pencwgahan of initial purchasers – Whether s.
Costs – Bill of costs – Taxation – Lapse of one year since date of delivery of bill rasuha Whether solicitor precluded from petitioning for order of taxation – Whether bill ipso facto converted into a debt due to solicitor – Legal Profession Actss. Securities Commission Amendment Act Appearance – Unconditional appearance – Effect of – Whether defendant waived any irregularity in proceedings Lim Chon Beng v.
Feel free to forward this to your colleagues. Hukuman – Kesetimpalan hukuman – Rayuan silang terhadap kegagalan hakim bicara untuk mengenakan penalti di bawah s. Government proceedings – Monetary judgment against government – Rasah to set aside order of suspension – Application for certificate under s. Jurisdiction – Registrar – Allowing a judgment in default application – Whether registrar had the authority to do so – Whether registrar had the jurisdiction to raxuah a judgment in default order – Rules of the High CourtO.
For product enquiries, contact priority cljlaw. Capacity of bankrupt – Competency to manage company – Legal capacity – Capacity to enter into joint venture agreement – Whether a bankrupt is prohibited from entering a valid ppencegahan as pehcegahan employee of a company.
Writ of summons – Service out of jurisdiction – Whether leave to serve notice required – Rules of the High CourtO. Relevancy – Drug trafficking – Motive – Knowledge – Conduct of accused at time of arrest – Whether admissible to show accused had requisite knowledge of dangerous drugs – Evidence Acts. Prevention Of Terrorism Act Kerajaan Malaysia Civil Procedure – Government proceedings – Whether proper to suspend judgment debt under proviso to s.
Kecuaian – Kemalangan jalan raya – Penentuan kecuaian – Perlanggaran antara motorsikal dan kereta – Motorsikal melanggar kereta yang diletak di tempat yang tidak diwartakan sebagai tempat letak kereta – Ketiadaan tanda amaran – Halangan kepada pengguna jalan raya yang lain – Sama ada terdapat kecuaian di pihak pemandu kereta yang meletakkan kereta di tempat yang tidak diwartakan dan mendatangkan bahaya kepada pengguna jalan raya yang lain  1 LNS PP lwn.
Abd Hilmi Yaakub lwn.
Akta pencegah rasuah 1961 (Akta 57) (pada lhb September 1985)
Breach – Damages – Breach of confidential information – Claim for general and special damages arising from breach – Plaintiff alleged defendant’s scheme similar to plaintiff’s scheme – Whether scheme launched by defendant was developed using plaintiff’s information – Whether there was breach of confidential information.
Education Amendment Act Proceedings – Defamation suit – Defence – Reliance on facts in criminal case to support defences – Whether judgment in criminal case could be used as proof of fact akya civil case – Whether judgment in another proceeding relevant to present civil proceeding – Evidence Acts. Service – Out of jurisdiction – Action begun by writ seeking audit accounts of estate of deceased raauah – Whether service out of jurisdiction permissible – Whether action for administration of estate of deceased – Whether deceased died domiciled within jurisdiction – Rules of the High CourtO.
Keterangan dokumentar – Keterangan sekunder – Merogol mangsa bawah umur – Pembelaan – Salinan laporan polis tertuduh – Kegagalan mengemukakan salinan asal – Sama ada peruntukan ss. Jurisdiction – Forum conveniens – Beneficiary commenced action seeking audit accounts of estate of deceased against trustees in Singapore – Appropriate forum to adjudicate matter – Whether Malaysian or Singapore courts Dr Chan Chin Cheung v.
Rescission – No breach to justify rescission – Joint venture agreement – Damages – Whether there was any breach to justify rescission of joint venture agreement – Whether expenses and losses incurred for entering into and undertaking joint venture agreement can be claimed upon rescission of joint venture agreement CONTRACT: Beban pembuktian – Kes rasuah – Sama ada beban bukti yang digunapakai dalam kes ini betul – Sama ada hakim bicara gagal menyatakan beban bukti bagi tujuan mematahkan anggapan di bawah s.
Breach – Time of the essence – Whether constituted a fundamental breach of agreement – Whether defendant repudiated agreement – Whether plaintiff entitled to rescind agreement – Contracts Acts.
Lim Pencegahqn Beng v. Construction of statutes – Purposive approach – Presumed intention of statute – S. Mens rea – Trafficking in dangerous drugs – Weight exceeded statutory minimum requirement – Whether raised irresistible inference that drugs intended for trafficking PP v. To view previous issues of the CLJ Bulletin, Click here If you no longer wish to receive this email in the future, you may unsubscribe.
Rescission – No breach to justify rescission – Joint venture agreement – Damages – Whether there was any breach to justify rescission of joint venture agreement pencegajan Whether expenses and losses incurred for entering into and undertaking joint venture agreement can be claimed upon rescission of joint venture agreement.
Defamation – Defence – Justification, qualified privilege and fair comment – Applicability of s. Remuneration – Bill of costs xkta Taxation – Lapse of one raduah since date of delivery of bill – Whether solicitor precluded from petitioning for order of taxation – Whether bill ipso facto converted into a debt due to solicitor – Legal Profession Actss.
Articles Legal Network Series Article s 4. Jerneh Insurance Bhd Personal accident insurance policy – Insured died of heart attack after he had a fall – Whether beneficiary could claim for payment under policy  2 CLJ Thomas Alvin Cross v. Stay of proceedings – Special raeuah – Interim application pending hearing of appeal – Whether case came within meaning akt special circumstances – Whether more expedient to allow a stay until hearing of appeal has been completed Rowstead Systems Sdn Bhd v.
Presumption – Drug trafficking – Presumption under s. Registration Of Engineers Amendment Regulations Separate legal entity – Lifting of corporate veil – Interest of justice – Special circumstances – Sole proprietorship – Director acting as alter ego of company – Whether corporate veil ought to be lifted in interest of justice – Whether director should be treated as one and same as company.
Arrangement, scheme of – Whether s.
Kembang Masyur Sdn Bhd lwn. Resulting trust – Presumption – Existence of trust – Intention of parties – Whether true intentions of parties need to be determined to establish existence of trusts.
Breach of trust – Identification of trust property – Whether there could be a breach of trust when a trust created was in contravention of statute. Judicial review – Application for – Applicants co-authored letter that caused negative impression on Companies Commission of Malaysia – Disciplinary proceedings – Dismissal and demotion – Whether disciplinary proceedings conducted erroneously – Whether proper investigations carried out against applicants – Whether appropriate punishment meted out – Whether standard, burden and procedure in court should be similarly applied for a disciplinary action Rokiah Mhd Noor v.
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Accident insurance – Personal accident pencegauan policy – Insured died of heart attack after he had a fall – Whether beneficiary could claim for pencegahah under policy – Whether death by heart attack caused by heart disease and not covered by policy – Whether evidence showed that fall and not heart disease led to heart attack Amanah Raya Pencegajan v.
Mohd Rosidi Mat Amin Collin Lawrence Sequerah JC  6 CLJ [HC] LAND LAW Transfer – Void instruments – Wrongful and illegal transfer of land – Forged instruments – Property wrongfully and illegally sold to initial purchasers and transferred to another and was charged to bank – Default in repayment of loan – Property auctioned and sold again – Claim against initial purchasers of land by administrator of property in capacity as original proprietor – Whether registration of names of initial purchasers defeasible – Allegation that property no longer registered in names of initial purchasers – Whether s.
To view a sample of the Sessions and Magistrates’ Cases journal, click here. Charge – Defective charge – Charge incorporating two elements of actus reus – Whether rendered charge defective – Whether accused persons misled pencegaahn prejudiced – Whether miscarriage of justice occasioned – Whether curable under s.
Global Upline Sdn Bhd v.
Amanah Raya Bhd v. Netting Of Financial Agreements Act Proof – Carrying firearm while committing scheduled offence – Firearms Increased Penalties Acts. Defamation – Defence – Justification, qualified privilege and fair comment – Reliance on facts in criminal case to support defences – Whether plea in impugned paragraphs of defendants’ statements of defences contravened s.
Execution – Judgment – Monetary judgment against government – Application to set aside order of suspension – Application for certificate under s.