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FEATURED CASES

 

Part 1

Part 2

Part 3

Part 4

Part 5

  • Case No.:

    1. Chong Hin Trading Co Sdn Bhd v Malayan Banking Bhd [CAM]

      • File size: 46kb

      • Matter: ".... whether the letter of guarantee is void and unenforceable due to the issue of “past consideration” by virtue of section 80 of the [Contracts Act], .... The fact that the letter of guarantee was dated 12 September 1996 and that the said agreement was dated 6 June 1996 does not render the contract of guarantee to be void for past consideration."

    2. Tan v Public Prosecutor [FCM]

      • File size: 34kb

      • Matter: ".... the conviction of the Appellant was based mainly on the cautioned statement. The main ground of the appeal .... relates to the .... admissibility of the cautioned statement and the reliance placed on it by the learned trial Judge."

    3. Klang Town Council v Zakiyah Samad [FCM]

      • File size: 18kb

      • Matter: "Being dissatisfied with the notice of assessment, the owners of [the Flats] .... filed an objection against the rate of assessment of 9 per cent pursuant to section 142 of the Local Govenrment Act 1976."

    4. Harcharan Singh v Public Prosecutor [CAM]

      • File size: 41kb

      • Matter: "There is no evidence to suggest that PW9 had ever participated in the first and second accuseds’ act of pulling the rope around the deceased’s neck. However, he was a witness to the final moments of their attack ... and he assisted them in disposing off the body .... He is therefore an accessory after the fact .... [W]hether such a witness is an accomplice."

    5. UMW Industries (1985) Sdn Bhd v Lim [CAM]

      • File size: 44kb

      • Matter: ".... we are of the view that the request [for issue of bankruptcy notice] is one of the steps to be taken in instituting a bankruptcy proceeding. Without the request, the bankruptcy notice could not be issued. We find that the request is invalid due to lack of authority. We find that the request was not made by an officer duly authorized by the appellant nor was it made by the solicitors for the appellant."

    6. Shahabudin Abdul Rashid v Talasco Insurance Sdn Bhd [CAM]

      • File size: 15kb

      • Matter: "We confirm this to be the true test as the employer’s conduct in reorganizing the business must be such as to amount to there being a breach of some term in the Appellant’s contract of employment and must be so fundamental as to evince an intention not to be bound by the contract of employment."

    7. Nomura Singapore Ltd v Tow [CAM]

      • File size: 61kb

      • Matter: "It was submitted that it would be contrary to public policy in Malaysia to enforce the judgment because the facility transaction contravened sections 4(2), 9(1), 11 and 15 of the Exchange Control Act 1953."

    8. Maju Holdings Sdn Bhd v Fortune Wealth (HK) Ltd [CAM]

      • File size: 52kb

      • Matter: "the Appellant did not exercise the call option to purchase the 1,646,000 shares in Ipmuda Bhd when the call option period .... had expired .... The Respondent then exercised its put option  .... requiring the Appellant to purchase the 1,646,000 shares .... on the price of RM7.55 per share."

    9. Moscow Narodny Bank Ltd v Ngan [FCM]

      • File size: 81kb

      • Matter: "It is the contention of the respondent that there has been a multiplicity of proceedings as both bankruptcy proceedings are founded on the same judgment."

    10. Malaysia v Nordin Zakaria [FCM]

      • File size: 26kb

      • Matter: "Whether the Disciplinary Authority before conducting Disciplinary Proceeding under Police (Conduct and Discipline) (Junior Police Officers and Constables) Regulations, 1970, is required to inform a Junior Police officer such as the Respondent of the possibility that he might be dismissed from service."

    11. Palm Oil Research & Development Board v Premium Vegetable Oils Research Sdn Bhd [FCM]

      • File size: 130kb

      • Matter: ".... the Palm Oil Research & Development Act, 1979 does not [define] the term “cess” .... So it is to the dictionary meaning that one must turn .... Thus, by all accounts, cess is a form of tax. To impose cess is to impose tax."

    12. PP v Quattrocchi [FCM]

      • File size: 136kb

      • Matter: "The appellant’s reply was that extradition proceedings were in the nature of an inquiry and since it was not a prosecution, there was no necessity for charges to be framed. All the court had to decide was whether there was a prima facie case supporting the Minister’s requisition order."

    13. Rosneli Kundor v Kelantan State Economic Development Corporation [CAM]

      • File size: 78kb

      • Matter: "The appellant .... joined the service of the respondent .... the respondent seconded the services of the appellant to a holding company .... The appellant did not agree to the secondment .... The respondent insisted on the secondment which the appellant refused. As a result the appellant was issued with a show cause letter by the respondent ...."

    14. Anwar Ibrahim & Sukma Darmawan v PP [FCM]

      • File size: 58kb

      • Matter: ".... this is our Judgment in respect of the applications for stay of execution."

    15. Thye Hin Enterprises Sdn Bhd v Daimlerchrysler [CAM]

      • File size: 33kb

      • Matter: "In our judgment, the grant of interim relief pending the outcome of an arbitration held at the [Kuala Lumpur Regional Centre for Arbitration] is not prohibited by section 34 of the [Arbitration Act 1952]."

[.... END OF 2004 ....]

 

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