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FEATURED CASES
 
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Part 1

  • Case No.:

    1. NUCW v Lindeteves-Jacoberg (M) Sdn Bhd [FCM]

      • File size: 29kb

      • Matter: 

    2. Rathee v Shanmugam [HCM]

      • File size: 17kb

      • Matter: family - marriage - nullity - non-consumation. 

    3. Collector of Stamp Duties v Ng [FCM]

      • File size: 60kb

      • Matter: revenue - ad valorem stamp duties on property - valuation - 

    4. Teoh v Lim [HCM]

      • File size: 34kb

      • Matter: election - election campaign - Election Offences Act 1954 - during an election dialogue session Min of Finance whilst campaigning for ruling party candidate was reported in newspaper as having pledged: "I will personally give money for improvement of [the constituency]" - whether reported words were actually uttered - whether words amount to bribery and hence constitute a crime under the Act.

    5. Dunlop Estates Bhd v All Malayan Estates Staff Union [FCM]

      • File size: 31kb

      • Matter: labour - 

    6. Yang Salbiah v Jamil Harun [FCM]

      • File size: 35kb

      • Matter:

    7. Chew v Pang [FCM]

      • File size: 29kb

      • Matter:

    8. Au v Lee [FCM]

      • File size: 13kb

      • Matter:

    9. Collector of Land Revenue v Looi [FCM]

      • File size: 29kb

      • Matter: revenue - 

    10. Dr Dutt v Assunta Hospital [FCM]

      • File size: 105kb

      • Matter: labour - 

    11. Mohamed Raihan v Malaysia [FCM]

      • File size: 22kb

      • Matter: tort - negligence - liability - practical agriculture class in a secondary school - accident happened during pratical session - supervising teacher did not see the accident and at that time she was 4 yards away under a tree - she did not give adequate instructions and warning to the students - whether the school was negligent.

    12. Sykt Perniagaan Selangor Sdn Bhd v Fahro Fozi Mohd [FCM]

      • File size: 16kb

      • Matter: tort - nuisance - noise - land owner set up an open-air stage with music band and floated a junk in a pond on the land as discotheque playing amplified music - whether the noise was intolerable and contituted an actionable nuisance.

    13. Yoong Leok Kee Corpn Sdn Bhd v Chin [FCM]

      • File size: 26kb

      • Matter: tort - negligence - damages - mitigation - plaintiff injured his right foot as a result of defendant's negligence & he was admitted into hospital - he then developed ischaemic changes & against doctor's advise he discharged himself - gangrene set in & he lost his fore-foot - if he did not discharge himself, with a well-planned amputation & artificial leg fitted he would be able to lead a normal life - whether in assessing damages consideration must be had to plaintiff's failure to mitigate.

    14. Kow v Ratnasingam [FCM]

      • File size: 31kb

      • Matter: tort - negligence - damages - loss of future earnings - at the material time respondent was an unconfirmed education officer - he needed to pass certain examinations for confirmation - upon confirmation, he would become eligible for promotion to superscale G - but promotion is not automatic and depends on vacancy - trial judge assessed respondent's future loss on basis that he would be promoted to superscale G - whether the assessment of loss of future earnings is correct.

    15. Kanagasabai v UMBC Bhd [FCM]

      • File size: 18kb

      • Matter: civil procedure - pleadings - appellant used overdraft facility (secured by shares deposit) to buy shares - shares prices went down - respondent
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Part 2
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Part 3

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Part 4

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Part 5

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Part 6

  • Case No.:

    1. Arumugam v Director General of Inland Revenue [PC]

      • File size: 20kb

      • Matter: "The essence of the appellant’s complaint that the principles of natural justice had not been observed was that the case against him had not been put to him adequately, or in sufficient time to enable him to answer it"

    2. Krishnan v PP [FCM]

      • File size: 33kb

      • Matter: "The case of the prosecution depended on the identification of both the appellants as the two robbers who committed this offence"

    3. C.S. Wu v L.F. Wang [CASg]

      • File size: 55kb

      • Matter: "This is an appeal on the quantum of damages given by Choor Singh J in a defamation action"

    4. Selangor Omnibus Co Bhd v Perumal [FCM]

      • File size: 38kb

      • Matter: "The appellants relied on these provisions to justify the dismissal. In their view, the respondent had broken his contract of service. He had no reasonable excuse for his absence from work, nor had he informed or attempted to inform his employer of the excuse for such absence"

    5. Subramaniam v Superintendent of Selarnag Park Drug Rehabilitation Centre [CASg]

      • File size: 28kb

      • Matter: "These are three applications for orders that writs of habeas corpus be issued directed to the Superintendent, Selarang Park Drug Rehabilitation Centre concerning the admission of the three applicants at the centre "

    6. K.P. Goon v J&P Coats (M) Bhd [FCM]

      • File size: 85kb

      • Matter: "Mr Goon, the workman, had his employment with the respondent company terminated on the stated round of redundancy, ... He was given one month’s notice and an ex-gratia payment ..."

    7. Comptroller of Property Tax v Sheefa Alkaff [HCSg]

      • File size: 32kb

      • Matter: "At the hearing before the Board, the respondent contended that she was liable for property tax only from the date of completion of the purchase of the property. It was submitted on her behalf that she was not liable for property tax before that date as she was not the owner then"

    8. W.M. Teong v P.C. Goh [FCM]

      • File size: 18kb

      • Matter: "the only question to be determined is whether the appellant is liable for the deaths of the six persons while working in a well on the land of the appellant"

    9. S.S. Lok v S.K. Quek [HCSg]

      • File size: 19kb

      • Matter: "The main contention in this appeal is that the prosecution had failed to prove that the cassette tapes in the possession of the appellant were copies of the gramophone records in which copyright subsisted. It is a question of fact"

    10. Vasudevan v T Damodaran [FCM]

      • File size: 37kb

      • Matter: "No notice of trial has been given, no summons for directions issued, no discovery made and no steps whatsoever taken to set the action down for trial and proceed to a conclusive determination of the proceedings – all this coming on to seven years after the institution of the suit "

    11. Halimah Hussain v Collector of Land Revenue [FCM]

      • File size: 43kb

      • Matter: "The Government proposed to build a new hospital in Kuantan, the capital of Pahang. For this purpose they acquired seven pieces of land  ..."

    12. Central Provident Fund Board v B.K. Ho [CASg]

      • File size: 47kb

      • Matter: "respondent contended before the arbitrator that such purported determination was unjustified because, inter alia, the procedure for determination required by the contract was not followed and it is in this regard that the special case arises"

    13. Malayan Bank Bhd v S.M. Foo [FCM]

      • File size: 55kb

      • Matter: "the Bank on 30 December 1978 applied for leave, as required by O 42 r 23, Rules of the High Court, 1957 (now O 46 r 2(1)(a) Rules of the High Court, 1980), to levy execution, since six years had elapsed from the judgment"

    14. C.K. Lai v K.S. Lee [HCSg]

      • File size: 53kb

      • Matter: "As a result of the accident Lai suffered extensive brain injuries, crushing all his hopes of being a doctor as he was unable to complete his medical studies"

    15. Alwee v K.F. Lai [FCM]

      • File size: kb

      • Matter: "This appeal is from the dismissal by the High Court at Ipoh (Abdoolcader J) of a claim for specific performance of an oral agreement of sale of a house which the appellant was at all relevant times occupying as a tenant "
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Part 7

  • Case No.:

    1. Malayan Commercial Banks Association v National Union of Bank Employees [FCM]

      • File size: 33kb

      • Matter: "In 1960 the respondent and a Committee of the Banks entered into an agreement on retirement benefits for the Bank employees. At that time appellant was not formed yet. The formula and quantum of retirement benefits under the agreement were based on 77 1/2 % of last drawn salary multiplied by the number of years of service less any sum paid "

    2. Chin Teck Plantations Bhd v DGIR [FCM]

      • File size: 69kb

      • Matter: "The appellant was assessed with income tax in respect of $540,000 proceeds of the sale of timber logs in the 6,976 KSK area. On appeal before the Special Commissioners, they found the dominant purpose of the appellant’s purchases of land was to sell timber and to plant oil palms. They held that the proceeds of sale of timber are gains "

    3. Kota Kinabalu Industries Sdn Bhd v DGIR [FCM]

      • File size: 57kb

      • Matter: ""

    4. Balakrishnan v Director General of Public Services [FCM]

      • File size: 49kb

      • Matter: "The gist of the appellant’s complaint is that the termination of his service was penal in character and effect and amounted to a dismissal and was in breach of the rules of natural justice in that the contents of the report against him were not disclosed to him and he was not given a fair opportunity to controvert any adverse allegations made"

    5. Y.S. Ng v Sykt Jiwa Mentakab Sdn Bhd [FCM]

      • File size: 21kb

      • Matter: "there has been no compliance at all with the relevant statutory provision requiring service of a copy of the record of appeal on the respondents or their solicitors, let alone substantial compliance – and this notwithstanding the respondents’ solicitors’ offer to accept service well out of time and even to the extent of offering to collect the record themselves"

    6. Collector of Land Revenue, Kota Tinggi v UMBC Bhd [FCM]

      • File size: 52kb

      • Matter: "Has the court jurisdiction to grant equitable relief against the forfeiture of alienated land effected under the National Land Code, 1965 in the face of its express enactment?"

    7. Fadzil v Universiti Technology Malaysia [FCM]

      • File size: 38kb

      • Matter: "This appeal is against the judgment of the learned judge dismissing an application by the plaintiff (appellant before us) for summary judgment in an action brought by the appellant against the University ... for a declaration that the purported dismissal by the respondents of the appellant was ultra vires, illegal and void"

    8. F.S. Loo v Chief District Police [HCM]

      • File size: 18kb

      • Matter: "In Earl Jowitt’s Dictionary of English Law, a public document is defined as “a document made for the purpose of the public making use of it.” And that is exactly what police reports under s 107 [Criminal Procedure Code] are. If the right of the public to have access to public documents is to be limited or curtailed, then the legislature would have expressly so stated or it must be established that it is contrary to public interest"

    9. Pahang South Union Omnibus Co Bhd v Minister of Labour [FCM]

      • File size: 47kb

      • Matter: "appeal involves the question of the validity vel non of the first respondent’s determination of a trade union recognition dispute between the appellant and the second respondent"

    10. Forest Development Sdn Bhd v Sykt Permodalan dan Perusahaah Pahang Bhd [HCM]

      • File size: 23kb

      • Matter: "an application by the [Permodalan] pursuant to s 6 [Arbitration Act 1952] for a stay of all further proceedings in the action on the ground that the plaintiff (Forest) and Permodalan had agreed to refer to arbitration the issues sought to be tried in this court"

    11. Law Society v Harry Wee [HCSg]

      • File size: 57kb

      • Matter: "In the present case the matter referred by the council to the Disciplinary committee was the respondent’s failure to report earlierthe criminal breach of trust by Santhiran, a legal assistant in the respondent’s firm"

    12. Kishabai v Jaikishan [HCM]

      • File size: 33kb

      • Matter: "In other words, the legislature, viewing with sympathy any effort by a man to provide for his wife and family after his death, has provided that a man may insure his life at any time for their benefit and any monies payable under the policy shall not go to pay his debts, but shall be held in trust for his family"

      • File size: kb

      • Matter: ""

    14. Y.T. Goh v S.G. Tan [HCSg]

      • File size: 32kb

      • Matter: "this appeal raises important questions as to the practice and evidential effect of documents which are agreed by parties in a litigation to be included in an agreed bundle"

    15. Keng Soon Finance Bhd v Comptroller of Customs [FCM]

      • File size: 27kb

      • Matter: "It is true that in Ng Hee Weng’s case the question of forfeiture arose consequent upon a conviction. Nonetheless there was clear provisions under s 123 of the Ordinance (s 127 of the Customs Act) to the effect that an order shall be made notwithstanding that no person may have been convicted of an offence"

[.... END OF 1981 ....]

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