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FEATURED CASES

 
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Part 2

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Part 3

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Part 4

  • Case No.:

    1. Sykt Rani's v Zain Building Property Development Co Ltd [HCM]

      • File size: 22kb

      • Matter: landlord & tenant - whether respondents are the landlords.

    2. Wan Norsiah v Che Harun [HCM]

      • File size: 34kb

      • Matter: negligence - liability - damages - whether tortfeasor liable - whether damages should be reduced by reason that victim, a minor, (1) was discharged from Hospital by her parent and (2) who then sought super natural treatment for her injury.

    3. Charles Granier Sdn Bhd v Tieng Hee & Sons Sdn Bhd [HCM]

      • File size: 51kb

      • Matter: landlord & tenant - rent control

    4. RAP Nathan v Abdul Rahman [HCM]

      • File size: 29kb

      • Matter: land - caveat - 1st defendant owned land - he sold them to 2nd defendant who then entered into joint venture agreement with plaintiff to develop - 2nd defendant then sold land to 3rd defendant - plaintiff entered caveat - 3rd defendant's application to remove caveat was allowed in default of appearance but plaintiff applied successfully to set aside removal order - whether non-Malay has caveatable interest in Malay reserved land.

    5. Peter v Nio [HCM]

      • File size: 99kb

      • Matter: defamation - 

    6. Murtadza v Chong [FCM]

      • File size: 28kb

      • Matter: negligence - damages - whether the sum awarded for special and general damages by the High Court is correct.

    7. United Hokkien Cemeteries of Penang v Penang [FCM]

      • File size: 29kb

      • Matter: religion - columbarium - appellant owned a columbarium which is erected on property not previously subject to assessment - appellant seek exemption based on s.59(5) of the Municipal Ordinance (SS Laws Cap 133) - meaning of columbarium - whether building is used exclusively as a place for religious worship: s.59(5).

    8. Soh v Lim [HCM]

      • File size: 22kb

      • Matter: contract - restitution - s.66 of Contracts Act 1950 - unlicensed moneylender sued under s.66 for restitution of loan advanced pursuant to a void contract - whether unlicensed moneylender may rely on s.66 for recovery of money advanced.

    9. Embong Ibrahim v Tengku Nik Maimunah [FCM]

      • File size: 61kb

      • Matter: Islamic law - succession - wakaf - validity of wakaf.

    10. Low v Law [FCM]

      • File size: 36kb

      • Matter: partnership - management - business partner appointed respondent as estate manager - upon death of said partner, a portion of his share in the partnership went under his will to his grandson, the appellant - respondent invited appellant to assist in management of estate on condition that he would take orders from respondent - appellant did not do so - court granted injunction to restrain appellant - whether respondent has a right to ask appellant to leave - whether balance of convenience lies in favour of appellant leaving.

    11. Mohamed Mustafa v Kandasami [FCM]

      • File size: 99kb

      • Matter: landlord & tenant - whether agreement created a tenancy or license

    12. Lim v PP [FCM]

      • File size: 60kb

      • Matter: government - official secrets - Royal Malaysian Navy bought fast strike crafts from a Swedish firm (one of four shortlisted tenderers) - appellant has details on the other tenderers, their tender particulars & equipment - appellant argued (1) informations came from non-government source & hence fell outside the scope of the Official Secrets Act 1972; & (2) as member of parliament, appellant has duty to disclose information to public - whether appellant was properly convicted.

    13. Ponnukon v Jebaratnam [FCM]

      • File size: 37kb

      • Matter: partnership - property - landowner gave appellant an option to sell land - he failed to procure buyers but later on he formed a partnership with respondent to develop the land - they could not get a bank loan & respondent proceeded to buy the land in his own name - whether land is partnership property.

    14. Malaysia v Loh [FCM]

      • File size: 44kb

      • Matter: constitution - personal liberty (Art.5(1) of Federal Constitution) - applicant, Australian permanent resident, left Australia with Authority to Return to Australia endorsed on his Malaysian passport - subsequently, he was convicted in Malaysia - he needed to return to Australia but his passport had expired - respondent deferred processing his application for new passport - whether "personal liberty" means freedom of movement - if so, whether respondent's conduct amounts to preventing applicant from travelling abroad in contravention of applicant's Consitutional rights

    15. Tan v Kho [FCM]

      • File size: 30kb

      • Matter: building construction - damages - appellant engaged respondent to construct 6 shophouses - respondent was prevented from completing the final unit by an injunction issued at the instance of a 3rd party - respondent sued for balance of contract sum - whether damages are to be assessed on quantum meruit basis.
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Part 5
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Part 6

  • Case No.:

    1. Damodaran v K.H. Choe [PC]

      • File size: 36kb

      • Matter: "This, on the face of it, was a very simple case, well suited to be disposed of under the summary procedure which is available in Malaysia, as it is in England, for enforcing solicitors’ undertakings."

    2. PP v C.S. Tan [HCM]

      • File size: 52kb

      • Matter: "In his defence the second accused said that he was a member of the Building Sub-Committee and he signed the recommendations for the approval of the plans together with the other members of the Building Sub-Committee and in doing so he and the others in the Sub-Committee followed the recommendations of the Municipal Engineer"

    3. Zainal Hashim v Malaysia [PC]

      • File size: 33kb

      • Matter: "the Chief Police Officer at Selangor wrote to the appellant saying that he intended to take action to dismiss the appellant from the Royal Malaysian Police on account of his conviction"

    4. IGP v K.H. Lee [FCM]

      • File size: 33kb

      • Matter: "As there was no indication that the [Public Order and Prevention of Crime) Ordinance, 1969] had been laid before both Houses, at the hearing Mr K Pasupathy took the point quite fairly that the Ordinance did not have the force of law as it had not been so laid"

    5. Superintendent of Pulau Jerejak v C.H. Wong [FCM]

      • File size: 61kb

      • Matter: "The learned judge set him free on the ground that s 4(1) of the [Emergency (Public Order and Prevention of Crime) Ordinance, 1969] does not apply to a juvenile and that a juvenile may be detained without trial only in accordance with the Juvenile Courts Act, 1947 "

    6. Kulim Rubber Plantations Ltd v DGIR [HCM]

      • File size: 63kb

      • Matter: "I come now to the question of the payments made to the secretaries and agents of the appellant which were disallowed by the Special Commissioners in their third deciding order as not being out-goings and expenses wholly and exclusively incurred in the production of the appellant’s income"

    7. PP v C.P. Teh [HCM]

      • File size: 35kb

      • Matter: "although I would agree that the evidence of any witness should of course be scrutinised with care, I would not, with respect, subscribe to any proposition that the evidence of a police witness must invariably be corroborated in the circumstances described in the above-mentioned passage"

    8. Husdi v PP [HCM]

      • File size: 35kb

      • Matter: "The question to consider is whether a police statement is a public document which an accused person has a right to inspect at common law or by statute"

    9. Meenal v Director of Immigration [HCM]

      • File size: 43kb

      • Matter: "whether the applicant is lawfully detained. The second question is what is the form of the alleged right or entitlement of the applicant under Article 15 of the Constitution as the wife of a citizen and the effect of certain provisions of the Immigration Act and Immigration Regulations on her"

    10. PP v B.F. Ang [HCM]

      • File size: 38kb

      • Matter: "In the present case it could not be said and it was not seriously contended by defence counsel ... that the accused did not have in his custody or under his control the packages in question at the material time, and by virtue of the said presumption under s 37(d) of the Dangerous Drugs Ordinance, 1952"

    11. Sebaya Sdn Bhd v Syarikat Bekerjasama Ladang Kelapa Sawit Pegawai Negeri Pahang Bhd [FCM]

      • File size: 30kb

      • Matter: "the Co-operative asked for an interlocutory order that “all net proceeds from the sale of oil palm fruits harvested from the plaintiff’s land, ... and the net proceeds from the sale of such fruits received by the first defendant on or after 1 December 1976 ..., without prejudice to the rights of the parties in this action, be paid into court"

    12. C.H. Phang v PP [FCM]

      • File size: 52kb

      • Matter: "If our Constitution makers had intended that their successors should not in any way alter their handiwork, it would have been perfectly easy for them to so provide; but nowhere in the Constitution does it appear that that was their intention, even if they had been so unrealistic as to harbour such intention."

    13. Patinggi Abdul Rahman v Abang Mohammad [HCM]

      • File size: 48kb

      • Matter: "it is alleged that in consequence of the publications of the first and second libels by the defendant, the plaintiff has been seriously injured in his character credit and reputation ..."

    14. Ahmad Shah v PP [FCM]

      • File size: 84kb

      • Matter: "appellant was tried in the High Court at Kuala Lumpur on one charge of soliciting for an illegal gratification and four charges of accepting for himself various sums by way of bribes"

    15. PP v Rajamah [HCM]

      • File size: 33kb

      • Matter: "The Municipality of Ipoh are not empowered to call or make themselves an appropriate authority. Only the Minister for Local Government can do this; see s 58 of the Road Traffic Ordinance, 1958."

[.... END OF 1979 ....]

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