Part 1

• Case No.

  1. The Vira II [HCSg]

     • File size: 39kb

     • Matter: "Rule 11 of the Rules for Construction of Marine Policy merely enlarges the term barratry to include ‘every wrongful act wilfully committed by the master or crew to the prejudice of the owner ..."

  2. KC Lim & Assoc Sdn Bhd v Pembinaan Udarama Sdn Bhd [FCM]

     • File size: 59kb

     • Matter: "... the only issue raised by the developers is whether the architects by their surveyors have grossly under-estimated the costs of construction. That is a question of fact. The issue of law is whether the developers have raised this issue of fact in such a manner that on well-established principles in an Order 14 application"

  3. Diamond Peak Sdn Bhd v Tweedie [FCM]

     • File size: 71kb

     • Matter: "The basis of the appellants’ claim is that the letters of 3 and 6 February 1978 or in the alternative these two letters as varied by subsequent correspondence ... constitute a binding and enforceable contract "

  4. Malayan Plant (Pte) Ltd v Moscos Narodny Bank Ltd [PC]

     • File size: 36kb

     • Matter: "Holding that it was clear that the company were unable to pay its debts and that it was just and equitable to make a winding-up order, the Court of Appeal declined to interfere with the learned Chief Justice exercise of his discretion and dismissed the appeal"

  5. Goopan v Subramaniam [FCM]

     • File size: 26kb

     • Matter: "The only ground of appeal, concerning the question of limitation, involves the construction of s 2(a) of the Public Authorities Protection (Amendment) Act, 1974"

  6. S.S. Tan v F.S. Chang [FCM]

     • File size: 20kb

     • Matter: "In this agreement clearly drawn up by the parties without benefit of proper legal advice, a difficult matter of interpretation lies in the use of the phrase “a later date.” ... But the learned judge at the end of the hearing had no difficulty in ordering specific performance. "

  7. Daishowa (M) Wood Products Sdn Bhd v Kepong Wood Products Co Sdn Bhd [FCM]

     • File size: 44kb

     • Matter: "The dominant rule is that the appellant should have his damages assessed upon the basis of what he had actually lost and in determining what he had really lost, the learned judge ought to have considered the tax liability of the appellant."

  8. S.E. Sim v Poh Hua Transport & Contractor Sdn Bhd [FCM]

     • File size: 29kb

     • Matter: "[appellant] maintained that unless the respondent produced the relevant order vouchers showing that the goods were ordered by him or his clerk, and copies of invoices showing receipt of the goods by them, the appellants are not liable."

  9. Getz Brothers & Co Gmbh v Pan Malaysian Wood Products Sdn Bhd [FCM]

     • File size: 22kb

     • Matter: "whether the service of the writ on the appellant was good service"

  10. International Times v H.Y. Leong [FCM]

      • File size: 35kb

      • Matter: "The appellants did not deny that the open letter was written by the sixth appellant and published by the two newspapers but claimed that its English translation furnished by the respondent was not accurate and that the words complained of do not bear any meaning defamatory of the respondent"

  11. Othman Baginda v Syed Alwi Syed Idrus [FCM]

      • File size: 117kb

      • Matter: "whether or not to issue a declaration that the purported election of the 15th Undang of Jelebu is ultra vires adat laws and constitution of Luak of Jelebu"

  12. Lee Wah Bank Ltd v Joseph Eu [FCM]

      • File size:19kb

      • Matter: "whether the surety is released upon the discharge and annulment of the receiving and adjudicating orders against the principal debtor"

  13. Yeep v Chu [FCM]

      • File size: 47kb

      • Matter: "The learned President who heard the case in the first instance took the view that the deposit transaction between the appellant and the deceased pawnbroker was a void contract because the transaction was caught by Moneylenders Ordinance, 1951"

  14. Daiman Development Sdn Bhd v Matthew C.T. Lui [PC]

      • File size: 60kb

      • Matter: "The court concluded that the pro forma was a firm contract"

  15. Malaysia v Chop Kian Hoe [FCM]

      • File size: 26kb

      • Matter: "Thus the issue here is whether or not the Government is liable for the loss suffered by the plaintiff because some one in the Post Office has made a mistake in transmitting the telegram"

Part 2

• Case No.

  1. Y.C. Howe v Chief Assessor of Property Tax [PC]

     • File size: 43kb

     • Matter: "This is an appeal ... against an assessment for property tax of a vacant plot of land ... It raises a question of general interest as to whether the valuation list for the year 1973 was a valid list"

  2. B.K. Ho v CPF Board [HCSg]

     • File size: 60kb

     • Matter: "The respondents contended before the arbitrator that the contract was not only validly determined on the facts but also ..."

  3. Cosmic Insurance Corp Inc v C.P. Khoo [PC]

     • File size: 32kb

     • Matter: "The respondent as plaintiff had brought an action against the appellants as defendants in the High Court for damages for breach of an alleged contract of service as managing director of the appellants"

  4. C.M. Lee v Superintendent of Land & Survey Dept [FCM]

     • File size: 45kb

     • Matter: "I agree with the learned judge that the language of s 10 of the Ordinance is wide enough to empower the respondent to direct the Registrar, as he did, to endorse the register relating to these two pieces of land to the effect that they were subject to the special conditions already referred to"

  5. Erico Sdn Bhd v Registrar of Titles [HCM]

     • File size: 25kb

     • Matter: "The main question in this appeal is whether the said land is “estate land."

  6. Clairol Inc v Too Dit Co [HCSg]

     • File size: 35kb

     • Matter: "In this action for passing-off and for infringement of copyright, the plaintiffs, ..., are manufacturers of a herbal essence shampoo under the trade name ‘Clairol’."

  7. Lee Sang Loong Sawmill Sdn Bhd v Zakaria Abdul Majeed [FCM]

     • File size: 42kb

     • Matter: "Without considering the evidence in respect of all these aspects and which in any event had only been partly taken, the learned judge merely decided the matter on an application of the provisions of s 50 of the Bankruptcy Act and set aside the garnishee summons. His order is however nihil ad rem quoad the disposition of the moneys lodged in court"

  8. Au v Pahang State Bar Committee [FCM]

     • File size: 33kb

     • Matter: "This is an appeal from a determination of the Disciplinary Committee of the Bar Committee of Pahang ... that the appellant, an advocate and solicitor of the High Court, had been guilty of conduct unbefitting an advocate and solicitor"

  9. David Tan v Medical Council of Singapore [HCSg]

     • File size: 20kb

     • Matter: "the statutory jurisdiction conferred on the medical council of Singapore to remove from the medical register a practitioner who is alleged to have been guilty of infamous conduct in a professional respect"

  10. Malayawata Steel Bhd v Malaysia [PC]

      • File size: 75kb

      • Matter: "whether there was an equitable assignment of progress payments, to become due under a building contract to the main contractor, in favour of the appellants, suppliers to the main contractor of deformed steel bars "

  11. Pasamanickan v Joseph [FCM]

      • File size: 51kb

      • Matter: respondent successfully sought a declaration that the annual general meeting of the Parit Bakar Branch of the Malaysian Indian Congress ... was unconstitutional and unlawful and therefore ineffective, null and void""

  12. Min of Labour & Manpower v Paterson Candy (M) Sdn Bhd [FCM]

      • File size: 36kb

      • Matter: "appeal is concerned with the recognition of a trade union in general and in particular with the interpretation of “similar trades, occupations or industries” occurring in s 2(a) of the Trade Union Ordinance No 23 of 1959"

  13. International Associated Co (Pte) Ltd v Chief Assessor,S'pore [HCSg]

      • File size: 29kb

      • Matter: "an appeal against the Chief Assessor’s notice .., which seeks to amend the 1975 valuation list ... There is no objection to the quantum of the annual value. The appellants ... say that the Chief Assessor is not entitled to include the subject property in the 1975 valuation list"

  14. Teo v Lai [FCM]

      • File size:24kb

      • Matter: "The question raised at the trial was that of service pro haec vice, and was whether the appellants remained vicariously liable as the general employer or whether the second respondent had become pro haec vice the servant of the first respondent so that the first respondent was liable"

  15. River Estates Sdn Bhd v DGIR [FCM]

      • File size: 87kb

      • Matter: "The question for determination of the Special Commissioners is whether upon the facts and in law the appellant company’s timber and plantation operations constituted a single integral business, as claimed by appellant, or were two distinct sources or businesses as claimed by the Revenue"

Part 3

• Case No.:

  1. Socooil Corpn Oil Sdn Bhd v Ng [FCM]

     • File size: 30kb

     • Matter: "by a notice of motion ... the respondents applied ex parte for an order pursuant to s 16 of the Trade Descriptions Act, 1972 that the said trade mark ... used in relation to edible oils ... not manufactured by or distributed by the respondents shall be deemed for the purposes of the said Act to be a false trade description"

  2. DGIR v Hui Thong Co Sdn Bhd [HCM]

     • File size: 35kb

     • Matter: "The principal question for determination before the Special Commissioners was whether the purchase of the four vacant lots for a total consideration of $75,000 and the subsequent sale of these lots for a consideration of $293,575 constituted “an adventure in the nature of trade” within the meaning of the definition of “business” in s 2 of the Income Tax Act, 1967"

  3. Selvam v Mehta [HCM]

     • File size: 14kb

     • Matter: "The appellants obtained a Warrant of Distress for the movable property found on the ... the said premises to recover a sum of $10,050 being three months’ rent in arrears"

  4. Kulasingam v Rasammah [HCM]

     • File size: 42kb

     • Matter: "To enable the respondent to place herself as a wife entitled to receive maintenance under the provisions of the Married Women and Children (Maintenance) Ordinance, 1950 there must be sufficient reason for her to have refused to live with the husband"

  5. Central Lorry Service co Sdn Bhd v The American Insurance Co [HCM]

     • File size: 14kb

     • Matter: "The only issue for determination is whether the circumstances under which the goods were lost and damaged are covered by the Inland and Transport Clause of the policy."

  6. Zainoon v Mohamed Zain [Syariah Appeal Board, S'pore] 

     • File size: 22kb

     • Matter: "[Counsel] argued that the Malay custom of harta sapencarian is applicable in the division of property in this case. In support of his contention he relied on the cases of Roberts v Ummi Kalthom and Mohamed v Commissioner of Lands and Mines"

  7. SEA Fire Bricks Sdn Bhd v Non-Metallic Products Manufacturers Employees Union [PC] 

     • File size: 40kb

     • Matter: "Counsel for the appellants submitted that there was a line of authority in Malaysia holding that it was settled law that the power of the High Courts to grant certiorari to quash awards of Industrial Courts for errors of law on the face of the record had not been excluded"

  8. Saminathan v Pappa [PC] 

     • File size: 63kb

     • Matter: "Notwithstanding the transfer of the registered title to Miss Pappa, Saminathan continued to occupy and cultivate the disputed land. The present proceedings were commenced by Miss Pappa ... to vindicate her title and to enjoin Saminathan from trespassing on the disputed land"

  9. Bank of Canton Ltd v Dart Sum Timber (Pte) Ltd [HCSg]

     • File size: 30kb

     • Matter: "The defendants contend that they did not authorise the signing of the guarantee and that the guarantee so signed was without their authority, ...;  that the advances were made in violation of s 133A of the Companies Act "

  10. Mohamed Oki v H.M. Lau [HCB]

      • File size: 32kb

      • Matter: "I hold that the first respondent has not succeeded in discharging the onus placed upon him in satisfying this court on the evidence presented to it that his claim to a caveatable interest in the said land or any part thereof does raise a serious question to be tried"

  11. John Lee v Henry Wong [FCM]

      • File size: 48kb

      • Matter: "This evidence which so shocked the learned judge is the evidence which the respondent could not and did not deny and which the appellants say they have and which constitutes the shady reputation which it is their duty and moral obligation to disclose on an occasion of qualified privilege"

  12. Galstaun v AG [HCSg]

      • File size: 21kb

      • Matter: "The plaintiffs aver that the taking of the whole of their land in excess of that apparently required for Orchard Boulevard was an abuse of the statutory powers conferred by the Act"

  13. Assunta Hospital v Dutt, Dr [FCM]

      • File size: 23kb

      • Matter: "he was given the contractual three months’ notice of termination, but at the same time he was offered a new contract on somewhat reduced terms. He refused the new offer and the Hospital regarded his contract as terminated. Dr Dutt took another view. He considered that he had been dismissed without just cause and excuse "

  14. Dzulkifli Abdul Hamid v PP [FCM]

      • File size: 21kb

      • Matter: "The main point raised in this appeal insofar as the convictions were concerned only deals with the question whether the information or document was secret. Counsel for the appellant submitted that the information and document were inseparable from each other and that the information was no longer secret because matters pertaining to Philippines refugees in Sabah were already publicly known "

  15. Lim v Perak [HCM]

      • File size: 53kb

      • Matter: "The declarations sought, ..., are to the effect that the offices of Chief Minister and President of the Council cannot legally be held by the same individual, that the appointment of the Chief Minister as President of the Council is inoperative and null and void, and that the State Authority has exceeded its powers in making this appointment"

Part 4

• Case No.:

  1. Keppel Shipyard (Pte) Ltd v Monvia Motorship Corp [CASg]

     • File size: 30kb

     • Matter: "It was the plaintiffs’ case ... that as a result of the exchanges of these three messages an agreement had been concluded ... by which the defendants were to provide drydock space in their shipyard for, and execute general repair work on, their vessel "

  2. H. Oh v K. Tham [PC]

     • File size: 62kb

     • Matter: "An unusual feature of the case is that the trial judge found it on the evidence, a very clear case of mistake common to both vendor and purchaser: yet the Federal Court concluded that neither had been mistaken"

  3. Chief Assessor v National Shipbreakers Pte Ltd [HCSg]

     • File size: 48kb

     • Matter: "The subject property was first assessed for its annual value in 1971 by the chief assessor’s valuer, ..., applying the contractor’s test or contractor’s basis of valuation"

  4. The Eastern Lotus [CASg]

     • File size: 43kb

     • Matter: "in the exercise of its admiralty jurisdiction, is entitled, in spite of the general order of priorities, to have regard to the equities in any particular case before it."

  5. PP v Koo [FCM]

     • File size: 86kb

     • Matter: "The judge conceded that there was “an age-old maxim that ignorance of the law is no defence” and he went on to qualify this maxim by saying that it would be contrary to the principles of justice to convict an innocent person. Here the judge had enunciated two principles of law which by themselves, were perfectly sound but he would seem to say that in a given situation, they might conflict with one another and when they did, the first must, in his view, give way to the second"

  6. Bhikku v Maung [FCM]

     • File size: 24kb

     • Matter: "We therefore cannot see any valid objection of any substance against the appointment of the second respondent who was duly elected by the Burmese community of Penang as a trustee to represent its interests in accordance with the terms of the Grant"

  7. The Halcyon Isle [PC]

     • File size: 111kb

     • Matter: "The question of law directly involved in this appeal is whether in the distribution of the proceeds of sale the claim of the mortgagees should take priority over the claim of the Necessaries Men or vice versa"

  8. Sellar v Lee [FCM]

     • File size: 41kb

     • Matter: "the Disciplinary Committee has made unequivocal findings of fact. In its view the partners of the solicitors firm should have taken immediate steps to determine their liabilities and responsibilities to the complainant as their client and that both the appellants admitted it was the practice of their firm that both the chief clerk and the cashier could receive moneys and issue valid and binding receipts on behalf of the firm"

  9. Playing Cards (Malaysia) Sdn Bhd v China Mutual Navigation Co Ltd [FCM]

     • File size: 36kb

     • Matter: "The appellant issued the writ in these proceedings complaining that the respondent had by the bill of lading in question expressly or impliedly contracted to deliver the goods by the Priam which was scheduled to arrive at Penang on ..."

  10. PP v C.S. Tan [FCM]

      • File size: 33kb

      • Matter: "On appeal by the Public Prosecutor, this court held that on a proper construction, the first respondent was a public officer within the meaning of s 2 of the Prevention of Corruption Act, 1961 and sent back the case to the High Court with the order to call for the defence"

  11. Lee v Malaysia National Insurance Sdn Bhd [HCB]

      • File size: 22kb

      • Matter: "It has been held that a representation does not become a warranty. In order to ensure compliance with any representation made by the assured, the insurer should take care that the representation is inserted into the policy and thus be converted into a warranty "

  12. The Vishva Pratibha [HCSg]

      • File size: 36kb

      • Matter: "The difficult question ... was: What is the value of “£100” in Article IV rule 5? For the plaintiffs, it was contended ... that it meant “£100 gold”. For the defendants, it was submitted that by tendering to the plaintiffs, as they had done, £100 sterling per package, they had fully discharged their liability "

  13. Min of Labour & Manpower v Wix Corporation SEA Sdn Bhd [FCM]

      • File size: 42kb

      • Matter: "The two letters have been produced by an affidavit of the Deputy Director-General. After hearing arguments, the learned trial judge ruled that the reports were not official records relating to affairs of State and ordered their production"

  14. Pow v The Registrar of Titles [FCM]

      • File size: 51kb

      • Matter: "The State Authority of Malacca within the definition of the National Land Code, 1965 has fallen victim to the bureaucratic bungling of a land office functionary, with disastrous consequences and leaving in its wake frustrated officialdom "

  15. East Union (Malaya) Sdn Bhd v Johore [FCM]

      • File size: 50kb

      • Matter: "the only issue for our determination is whether or not Parliament has exceeded its power when enacting s 100 of the [National Land Code]"

Part 5

• Case No.:

  1. First National Bank of Chicago v How Lee Realty Pte Ltd [HCSg]

     • File size: 70kb

     • Matter: "Dealing with the first defence i.e. non est factum, the burden of establishing it which incidentally is a heavy burden, lies on the person seeking to avail himself of it. This statement applies generally to persons of full age and capacity ..."

  2. Land Executive Committee v Harper Gilfillan Bhd [FCM]

     • File size: 43kb

     • Matter: "It is said by the appellants that the National Land Code being a creature of statute and providing for special procedure relating to appeals on matters pertaining to it, declaratory relief is not available to the appellants."

  3. Kamaruddin Mohamed v United Motor Works (M) Sdn Bhd [FCM]

     • File size: 29kb

     • Matter: "The question that calls for determination is whether the failure to effect the posting within the time prescribed in respect of one of the three modes ordered had rendered the whole of the substituted service void and of no effect"

  4. Re Robinson & Co Ltd [PC]

     • File size: 36kb

     • Matter: "It has been the contention of the collector that the land having been devastated by fire and acquired under the Act within six months thereafter, the provisos in the subsection apply with the result that the appellants are only entitled to one third of the vacant land market value"

  5. K.C. Koh v Asia Commercial Banking Corporation Ltd [FCM]

     • File size: 36kb

     • Matter: "This appeal is against the decision of the learned judge ordering the sale by public auction of that piece of land comprised in Grant 23940"

  6. S.L. Chang v AG of Singapore [HCSg]

     • File size: 49kb

     • Matter: "A year later ... the plaintiffs were brought before a magistrate’s court and each was separately charged with having ... voluntarily causing hurt to Peck Han Choo for the purpose of extorting information from him which may lead to the detection of an offence"

  7. Pertama Cabaret Nite Club Sdn Bhd v Roman Tam [FCM]

     • File size: 23kb

     • Matter: "It later transpired that the defendant had declined to honour his contract to sing at the plaintiffs’ night club and was, we were told from the Bar, singing at another night club in Kuala Lumpur, the Shangri-la"

  8. Harry W. Lee v PP [HCSg]

     • File size: 78kb

     • Matter: "Hem Chandra Mukherjee v Emperor. ... is a decision of the Calcutta High Court in which a Divisional Bench ... came to the conclusion that there must be an actual concealment of an offence, or screening of a person from legal punishment, or obstruction from proceeding criminally against a person in order to attract the application of section 213 of the Penal Code"

  9. Husdi v PP [FCM]

     • File size: 26kb

     • Matter: "Whether a person charged with a criminal offence or offences triable summarily before a subordinate court is entitled in law at any, and if so, at what stage after his arrest to obtain copies of statements of witnesses recorded by the police in the course of investigations "

  10. Citibank NA v Ooi [FCM]

      • File size: 30kb

      • Matter: "The appellant bank in this case sued the respondents for the sum of $331,731.32 inclusive of interest upon a contract of guarantee up to a limit of $600,000 for banking accommodation given to Leisure Industries "

  11. Sykt Bunga Raya Timor Jauh Sdn Bhd v Tractors Malaysia Bhd [FCM]

      • File size: 34kb

      • Matter: "first, whether the letter referred to is admissible in evidence either as a collateral agreement or for the purpose of construing the lease agreements and secondly whether if admissible and admitted, the provision of an option granted to the appellants to purchase the machines has or has not converted the lease agreements, ..., into hire-purchases ..."

  12. Pasamanickam v Agnes Joseph [FCM]

      • File size: 48kb

      • Matter: "respondent successfully sought a declaration that the annual general meeting of the Parit Bakar Branch of the Malaysian Indian Congress ... was unconstitutional and unlawful and therefore ineffective, null and void"

  13. Lee Sang Loong Sawmill Sdn Bhd v Zakaria Abdul Majeed [FCM]

      • File size: 38kb

      • Matter: "appellant appeals against the order of Hashim Yeop A Sani J, ... setting aside the garnishee summons ..., somewhat abruptly ..., as a result of a submission made to him by counsel for the respondent, ... that the debtor had been adjudicated a bankrupt"

  14. Hock Hua Bank Bhd v Sahari Murid [FCM]

      • File size: 18kb

      • Matter: "This appeal is concerned with the jurisdiction of a judge to alter, vary or set aside a judgment regularly obtained, drawn up and perfected"

  15. DGIR v Kulim Rubber Plantatiions Ltd [FCM]

      • File size: 47kb

      • Matter: "whether certain payments made by the taxpayer company came within the deductible expenses as “expenses wholly and exclusively incurred during that period by such person in the production of the income” in s 14(1) of the Income Tax Ordinance 1947"

Part 6

• Case No.:

  1. PP v Munusamy [FCM]

     • File size: 36kb

     • Matter: "whether a special pass issued under reg 14(3) of the Immigration Act, 1963 (Laws of Malaysia Act 155) is a certificate required by law within the meaning of s 197 of the Penal Code"

  2. PP v J.R. Ha [HCB]

     • File size: 25kb

     • Matter: "an appeal by the Public Prosecutor against the order of acquittal of the respondent by the lower court on a charge alleging that the respondent had assisted in carrying on a public lottery contrary to s 4(c) of the Gambling Ordinance "

  3. PJTV Denson (M) Sdn Bhd v Roxy (Malaysia) Sdn Bhd [FCM]

     • File size: 26kb

     • Matter: "The sale agreement stipulated a transfer to the first appellant or its nominee or nominees, the usual conveyancing phrase"

  4. PP v Vijaya Raj [HCM]

     • File size: 37kb

     • Matter: "The respondent was the former headmaster of the Merlimau English School. As a headmaster he was also ex officio Secretary to the Board of Managers of the school. It was his duty to maintain account books ..."

  5. Y. Chai v Bank of America National Trust & Savings Association [FCM]

     • File size: 21kb

     • Matter: "we could not see the relevance of a guarantee in an action on a separate document, viz, the charge, nor were we at an advised how the application could be justified on well-established practice. It now behoves us to give more fully our reasons"

  6. PP v Sihabduin [FCM]

     • File size: 39kb

     • Matter: "whether in a security case tried in accordance with the Internal (Security Cases) Regulations, 1975, ... when the prosecution has closed its case, the court is obliged to call on the accused to enter on his defence, ..."

  7. B.C. Chia v PP [CASg]

     • File size: 32kb

     • Matter: "Put shortly, the submission for the appellant was that as an officer of customs is not a police officer, ASC Cheong had no power to record the statement from the appellant under the provisions of the Code"

  8. 

     • File size: kb

     • Matter:

  9. Pillai v Indufela Co [HCSg]

     • File size: 42kb

     • Matter: "plaintiffs claim against the defendants for damages for personal injuries and consequential loss and expense suffered by the first and second plaintiffs occasioned to them in the course of their respective employment "

  10. S.H. Cheng v PP [CASg]

      • File size: 31kb

      • Matter: "appellant, Cheng Swee Hin alias Koh Kee Fat, was charged, tried and convicted by the High Court of murder by causing the death of one Chan Mui Kiah"

  11. Tan Chin Kim Sawmill & Factory Sdn Bhd v Lindeteves-Jacoberg (M) Sdn Bhd [HCM]

      • File size: 76kb

      • Matter: "This case which I am told ... involves lease financing for industrial equipment and machinery and revolves around an allegation by the plaintiffs that the arrangement effected is a sham and invalid and of no effect"

  12. Joseph v Sarawak [FCM]

      • File size: 50kb

      • Matter: "It is difficult to see how appellant could succeed in his claim for arrears. First, there was no such post of Plant Superintendent on the Salary Scale of C4–6 ... Secondly, there is no question of an automatic promotion to a higher salary scale on a Government servant "

  13. G Choudhury v PP [HCSg]

      • File size: 51kb

      • Matter: "Mr. Newey went on to say that for information to be specific it had to be distinct, explicit, precise, exact, definite and unequivocal as opposed to information of a general nature and that the phrase “facing a financial crisis” connotes something much too general in nature ... "

  14. 

      • File size: kb

      • Matter:

  15. K.S. Oh v PP [FCM]

      • File size: 25kb

      • Matter: "What the law requires is that the speech or those parts of the speech alleged to be seditious should be set out in the charge, and then it is for the court to decide having considered all the evidence, whether those words mentioned are seditious"

Part 7

• Case No.:

  1. Harun Idris v Officer-in-charge of Pudu Prison [HCM]

     • File size: 35kb

     • Matter: "The applicant for habeas corpus, Harun Idris, claims that he has been illegally confined in Pudu Prison from 29 October 1980 onwards because according to him, he had in law already completed serving his prison sentences as on 28 October 1980"

  2. E.K. Yap v PP [FCM]

     • File size: 27kb

     • Matter: "Where a person is charged with abetting an offence under s 193 of the Penal Code can the evidence of an accomplice be corroborated by what the accomplice is alleged to have told his wife or his superior officer after the offence had been committed"

  3. L.H. Tong v Y.S. Lee [PC]

     • File size: 25kb

     • Matter: "an appeal brought with the leave of the Federal Court of Malaysia from a decision disallowing an appeal from the order of Abdul Hamid J that the appellant’s defence to the respondent’s claim be struck out as disclosing no reasonable answer"

  4. T.F. Ho v W. Looi [HCM]

     • File size: 28kb

     • Matter: "For the plaintiff to succeed in this case he has to satisfy the court that the defendant was an occupier of the premises within which the plaintiff was injured. Section 3 of the Factories and Machinery Act, 1967 defines an occupier in relation to a factory as a person who occupies or uses any premises as a factory"

  5. Muharam v PP [FCM]

     • File size: 26kb

     • Matter: "appellant, Muharam Anson was convicted by the Kota Kinabalu High Court of the offence of mischief by fire, in that he set fire to a dwelling house belonging to Liaw Teck intending to cause the destruction of such building ordinarily used as a human dwelling "

  6. Hari Ram Seghal v PP [HCM]

     • File size: 34kb

     • Matter: "the Magistrate, ... had taken possession of the entire records for the purpose of writing his grounds of judgment. When the Magistrate left Malacca to pursue his degree course ..., he took along the record of this case ... with him ... and, for reasons best known to him, he had ignored or neglected to write the grounds ... or return the records ..."

  7. 

     • File size: kb

     • Matter:

  8. Lee Wah Bank Ltd v National Union of Bank Employees [HCM]

     • File size: 25kb

     • Matter: "The Industrial Court had upheld the dismissal of the employee as being just and proper. The Industrial Court had also found as a fact that the employee was using his wife’s account to indulge in transactions of the bank and he had derived substantial benefits from these transactions"

  9. K.H. Lai v PP [FCM]

     • File size: 76kb

     • Matter: "The principle of law governing appeals in criminal cases on questions of fact is well established, in that the Appeal Court will not interfere unless the balance of evidence is grossly against the conviction especially upon a finding of a specific fact involving the evaluation of the evidence of a witness founded on the credibility of such witness"

  10. Daud Salleh v Superintendent of Sembawang Drug Rehabilitation Centre [HCSg]

      • File size: 28kb

      • Matter: "The applicant contended that he had been unlawfully detained. When a person who has been deprived of his liberty challenges the detention by a petition for habeas corpus, it is for the authority who has detained him to show that the person has been detained in exercise of a valid legal power"

  11. Sykt Jengka Sdn Bhd v Abdul Rashid [FCM]

      • File size: 50kb

      • Matter: "the respondent, a timber logger claimed that the appellant, a logging company had removed and converted to its use 700 tons of timber belonging to the respondent"

  12. C.H. Tio v Sabah [FCM]

      • File size: 32kb

      • Matter: "the appellants sued the Government of Sabah for the loss of income from a piece of land of area 3280 acres which they quantified at $44m odd or alternatively for $13.2m for the value of the land as a coconut plantation and the value of the timber thereon"

  13. 

      • File size: kb

      • Matter:

  14. S.C. Wong v PP [FCM]

      • File size: 30kb

      • Matter: "It was contended by Mr. Jagjit Singh on behalf of the appellant that the Attorney General had exercised his discretion improperly and/or unlawfully in charging the accused ... under the Internal Security Act. He argued that at the worst the appellant was only a common criminal and there was nothing to suggest that this was a case against national security"

  15. Johara Bi v Lawrence K.F. Lam [FCM]

      • File size: 32kb

      • Matter: "Lawrence Lam says he has paid the money to Yakub, the appellant’s husband, who has at all relevant times acted as agent with the authority of the appellant. Yakub denies that he has received this sum"

Part 8

• Case No.:

  1. Mohideen Kutty v K.C. Wong [FCM]

     • File size: 27kb

     • Matter: "respondents ... sued the appellants (defendants) for vacant possession ..., alleging that the appellants were employees of one Kunji Koya who had died on 31 January 1972, from which date the appellants had therefore been trespassers"

  2. B.H. Chu v PP [HCM]

     • File size: 32kb

     • Matter: "It is to be noted that there is no separate provision for forfeiture or confiscation in the Price Control Act. Section 22 is the penal section and it is silent on the forfeiture. The only section that mentions forfeiture is s 14(2)"

  3. Dawe v Development & Commercial Bank Ltd [FCM]

     • File size: 19kb

     • Matter: "We have before us two motions. The first ... is by the respondent to strike out the appeal on the grounds of the appellant’s incompetency personally to lodge and prosecute any appeal or any action after he had been adjudicated a bankrupt and a receiving order made against him. The second is by the appellant to adduce further evidence"

  4. A Kanapathi v Joseph K.L. Chong [FCM]

     • File size: 41kb

     • Matter: "whether the transfer of the land to the respondent ... was made pursuant to a money-lending transaction and if so whether the respondent was an unlicensed money-lender "

  5. Tara Rajaratnam v Jaginder Singh [FCM]

     • File size: 28kb

     • Matter: "Appellant alleged undue influence and breach of trust by the first and second defendants, and fraud against all three"

  6. Wei Tah Construction (B) Co Sdn Bhd v W.I. Law [HCB]

     • File size: 26kb

     • Matter: "the question is whether he acted on the alleged misrepresentation when he made that decision which induced him to buy the land"

  7. Fung Keong Rubber Manufacturing (M) Sdn Bhd v E.K. Lee [FCM]

     • File size: 26kb

     • Matter: "an industrial court assumed jurisdiction to hear the complaint of [the respondents], the chief security guard and security guard respectively, that they had been dismissed without just cause or excuse by their employer, the appellants"

  8. H.T. Lim v PP [CAB]

     • File size: 29kb

     • Matter: "The first matter is in my view the important one and it boils down to this: Can a video tape be an obscene object within the meaning of obscene object under s 292(a) of the Penal Code"

  9. PP v L.S. Ku [HCM]

     • File size: 42kb

     • Matter: "though an appellate court has jurisdiction to reverse an order of acquittal based on the finding of facts by the trial judge, the appellate court shall not lose sight of certain principles and one of them is that the appellate court shall be slow in disturbing the finding of facts arrived at by a judge who had the advantage of seeing the witnesses"

  10. K.E. Lee v AG of Singapore [HCSg]

      • File size: 123kb

      • Matter: "the plaintiff commenced this action against the Government of the Republic of Singapore. He says that the proceedings before the committee of inquiry were conducted in breach of the Regulations and were contrary to the rules of natural justice and in violation of the duty imposed on the said committee to act fairly thereby rendering any finding or decision based on the proceedings before the said committee or its recommendations null and void"

  11. K.E.P. Mohamed Ali v K.E.P. Mohamed Ismail [FCM]

      • File size: 24kb

      • Matter: "The only defence put forward was that the debt was statute-barred. Since the right of the plaintiff was a claim for a liquidated pecuniary sum founded on contract, s 6 of the Limitation Ordinance, 1953 applies"

  12. 

      • File size: kb

      • Matter:

  13. Arrichiello v Tanglin Studio Pte Ltd [HCSg]

      • File size: 44kb

      • Matter: "The plaintiff seeks specific performance by the defendants, who are housing developers, of an agreement between them for the sale by the defendants of a maisonette unit in a seventeen storey block of flats built by the defendants at Leonie Hill"

  14. K. Otremsky v A. Otremsky [HCSg]

      • File size: 26kb

      • Matter: "I hold that any presumption of advancement has been rebutted. There will accordingly be an order for a declaration that the house and land ..., belongs to and forms part of the estate of Vladimir Nikolaewitch Otremsky "

  15. C.K. Hooi v Paul Hooi [HCSg]

      • File size: 88kb

      • Matter: "This action was to set aside gifts on the ground that they were obtained by undue influence"