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FEATURED CASES

Jamaluddin Hashim v PP

Penang Municipal Council v

Part 1

Case No.
1. Sukma v Director General of Prison [FCM]
  - File size: 36kb
  - Matter: "appeal centred on art 121 of the Federal Constitution, ... [A]ppellant contended that the sessions court had no jurisdiction to try the appellant for committing an act of gross indecency, an offence under s 377D of the Penal Code because the offence of ‘liwat’ is triable by the syariah court."
2. W.M. Chua v K.K. Wong [HCM]
  - File size: 31kb
  - Matter: "The present predicament as I see it, is created when the jurisdiction of the sessions court was amended to award an unlimited amount in the case of running down matters, such as the present case, but the scale of costs under O 48 r 12 of the SCR has not been amended accordingly."
3. Abdullah Hishan v Sharma [HCM]
  - File size: 38kb
  - Matter: "It was the contention of the defendant that since she would have to divorce her husband in order to keep her promise to marry the plaintiff, and since the plaintiff knew that she was already married and since the plaintiff accepted such a promise, the plaintiff’s claim being thus based on an agreement that was illegal and against public policy, is therefore void and unenforceable."
4. Akitek Tenggara Sdn Bhd v Mid Valley City Sdn Bhd [HCM]
  - File size: 54kb
  - Matter: "The plaintiff’s claim against the defendant is for professional fees and for damages for wrongful termination of the plaintiff’s services as an architect, in breach of a contract or agreement between them."
5. S.H. Ji v Malaysia [HCSS]
  - File size: 44kb
  - Matter: "His application for optional retirement from the department was approved ... vide a letter dated 27 May 1997 which letter also informed the plaintiff that the payment of the monthly pension, ... is to be suspended under s 26 [Statutory and Local Authorities Pensions Act 1980] ... The plaintiff is dissatisfied with the suspension ... He commenced the present action."
6. Harris Salleh v M.F. Seck [CAM]
  - File size: 113kb
  - Matter: "In the court below the plaintiff pleaded that the defendant was a bare trustee and held the said land on trust for the said club. For the defendant, it was said that there was an absence of evidence ... that the defendant had been paid any money or any consideration for the said land or that the defendant had in any way been compensated for the said land by the plaintiff ..."
7. Normala Samsuddin v Keluarga Communications Sdn Bhd [HCM]
  - File size: 52kb
  - Matter: "February 1996 issue ... portrays a photograph of the plaintiff with the words ‘...’ and within the magazine, photographs of the plaintiff and an article ... which the plaintiff alleges is defamatory of her and is understood to bear the meanings and inferences that ..."
8. Jamaluddin Hashim v Public Prosecutor [HCM]
  - File size: 42kb
  - Matter: "The investigating officer in this case [i.e. statutory rape] ought to have had no difficulty in procuring indisputable evidence of age from either the parents of the alleged victim or the victim personally by asking for a copy of the birth certificate."
9. Tycoon Realty Sdn Bhd v Senwara Development Sdn Bhd [CAM]
  - File size: 25kb
  - Matter: "Although the Mareva injunction had lapsed at the end of two weeks ..., we must not forget that there is still the other ex parte interim mandatory injunction which may expose the defendant to contempt proceedings ..."
10. Dr Munawar v Director General of Prison [HCM]
  - File size: 73kb
  - Matter: "Whether an application for records maintained under the Prisons Rules and the Lockup Rules can be made as an independent application ..."
11. S.C. Fhong v C.C. Huan [HCM]
  - File size: 39kb
  - Matter: "the plaintiffs commenced these proceedings wherein they claim to be beneficiaries to the estate of the deceased and entitled to share in the distribution of his property inclusive of all proceeds of sale derived from the same ... [T]he plaintiffs filed the application for accounts and ... for interlocutory injunction ..."
12. S.Y. Wu v Gunung Tunggal Quarry & Construction Sdn Bhd [HCM]
  - File size: 104kb
  - Matter: "following a heavy rainfall and severe thunderstorm, a large slice of the hill collapsed causing limestone rock debris to fall onto the plaintiff's land below and to spill over to the nursery virtually destroying it ..."
13. Penang Municipal Council v Sungai Gelugor Multipurpose Co-op Society [FCM]
  - File size: 293kb
  - Matter: "the joint petition made it obvious to all concerned in the Council that the Society would sell the proposed units at prices well in excess of RM25,000. Now, by virtue of condition (vii) of the planning permission aforesaid, it was open to the Council at that stage to have imposed a condition that the cost of 30% of the units should not exceed RM25,000 each, yet it studiously refrained from doing so"
14. Lori (M) Bhd v Arab-Malaysian Finance Bhd [FCM]
  - File size: 103kb
  - Matter: "In Chung Khiaw Bank Ltd v Hotel Rasa Sayang Sdn Bhd (ibid), the question whether a breach of s 67 of the [Companies Act] has civil consequences, arose acutely for decision and, therefore, we are obliged to undertake a review of it."
15. Workon Sdn Bhd v Director of Lands & Surveys, Sabah [HCSS]
  - File size: 73kb
  - Matter: "The subject matter of the present application is a piece of land ... On one hand ... pursuant to its land application ... the applicant was given an approval ... On the other hand ... the interveners submitted their land applications ... and were issued ... with official receipts ... Thereafter they proceeded to develop their respective pieces ..."

Part 2

Case No.:
1. PP v H.Y. Chang [HCM]
  - File size: 28kb
  - Matter: "I was prompted to enter into this inquiry by a report in The Star newspaper ... where it was reported that the Penang High Court, in ruling that '... it was clear that s 31(1) [Women and Girls Protection Act 1973] provided that in the Peninsula, only a sessions court was vested with the jurisdiction to hear and dispose of cases under the Act', ..."
2. Abdul Razak v Shah Alam Properties Sdn Bhd [CAM]
  - File size: 39kb
  - Matter: "What measure of damages is the plaintiff entitled to recover consequent upon obtaining a decree of rescission of the agreement that he had with the defendant?"
3. American International Assurance Co Ltd v P.C. Lam [CAM]
  - File size: 26kb
  - Matter: "... whether the Industrial Court exceeded its jurisdiction in holding the respondents to be workmen within the Industrial Relations Act 1967."
4. Supreme Finance (M) Bhd v H.H. Wing [CAM]
  - File size: 42kb
  - Matter: "in this country as in England, personal service on the defendant is essential: O 10 r 1(1). However, this rule is subject to certain exceptions. Personal service on the defendant is exempted where the defendant’s solicitor indorses on the writ that he accepts service on behalf of the defendant ..."
5. Bencon Development Sdn Bhd v Penang Municipal Council [HCM]
  - File size: 65kb
  - Matter: "Learned assistant to the State Legal Advisor, representing the second and third defendants argued that the second and third defendants should not have been made parties in the proceedings. Regarding the second defendant (‘the PWD’) he argued that it was no more than a government department with no legal entity of its own."
6. OCBC Bank (M) Bhd v Registrar of Titles, Johore [CAM]
  - File size: 88kb
  - Matter: "Under s 340(2)(a) [National Land Code 1965], the registered title of the proprietor or the registered interest of the chargee or lessee becomes defeasible where the registration was obtained by fraud or misrepresentation, ..."
7. Yian Sdn Bhd v Mayor of Kuala Lumpur [HCM]
  - File size: 52kb
  - Matter: "Now that his decision is challenged, it is for him, and him alone who should meet this challenge ... He has the personal knowledge of the facts in issue. But he chose not to do so. Instead Mr. Mokhtar, who had no personal knowledge ... chose to do so on behalf of the first respondent ..."
8. K.H. Khoo v P.H. Chor [CAM]
  - File size: 46kb
  - Matter: "To conclude, learned counsel submitted that an allocatur is not an order of court nor a judgment and a bankruptcy notice cannot be issued in respect of it. Thus the receiving orders and adjudication orders were not validly made"
9. Sabah Berjaya Sdn Bhd v Director General of Inland Revenue [CAM]
  - File size: 49kb
  - Matter: "before the High Court, the learned judge upheld the deciding order of the Special Commissioners on only one ground. He held that the donations by the appellant to the Foundation were not a ‘gift’ within s 44(6) [Income Tax Act 1967] because they were involuntary in the sense that they were the product of compulsion."
10. Minister for Human Resources v Association of Bank Officers [FCM]
  - File size: 136kb
  - Matter: "... appeals ..., from the decision of the Court of Appeal, allowing the appeal of the Association ... from the decision of the High Court, refusing an application for an order of certiorari to quash the decision of the Minister made under s 9(5) [Industrial Relations Act 1967] that certain employees of Perwira Affin Bank ... who had been upgraded/promoted to the status of internal officers had not thereby become officers employed in an executive capacity ..."
11. Zainur Zakaria v PP [HCM]
  - File size: 130kb
  - Matter: "it is clear that a contempt proceeding is far removed from the procedures as in a normal trial ... It requires no complaint, there is no charge, there is no trial in the strict sense of the word, the rights of a person proceeded against are restricted, it is arbitrary ..."
12. PhileoAllied Bank (M) Bhd v Bupinder Singh [CAM]
  - File size: 130kb
  - Matter: "The learned judge was wrong in holding that the decisions in Hipparion and Raju Kerpaya Jayaraman decide that it is mandatory for a lender under a deed of assignment to resort to RHC O 31 r 1(1) for an order for sale ..."
13. F.Y. Pang v K.S. Piong [HCM]
  - File size: 42kb
  - Matter: "What is defamatory within the context of the law will depend upon the finding of the judge pursuant to the attempts of the plaintiff to establish his complaints. Whether the words resorted to are capable of bearing a defamatory meaning is a question of law."
14. MAS Golden Boutique Sdn Bhd v Md Zain [HCM]
  - File size: 34kb
  - Matter: "An application for leave for an order for certiorari under O 53 r 1 [RHC 1980] was made before me. Leave was refused. It has to be noted that O 53 ... is derived from O 53 of the English RSC 1965 before it was replaced by the public law remedy of judicial review ..."
15. Interscope Versicherung Sdn Bhd v Sime Axa Assurance Bhd [CAM]
  - File size: 26kb
  - Matter: "The appellant was not prepared to wait. It wanted to recover the sum claimed. It did not rely on the arbitration clause. Instead, it commenced an action for recovery. It caused a writ to be issued ... The respondent entered an unconditional appearance ..."

Part 3

Case No.:
1. L.C. Ding v Y.J. Yap [HCM]
  - File size: 126kb
  - Matter: "the word ‘fraudulently’ is not employed in s 420 of the Penal Code. To constitute cheating under s 415 of the Penal Code, the deception must be with a dishonest or fraudulent intent. There is a marked difference between s 417 of the Penal Code and s 420 of the Penal Code ..."
2. PP v S.H. Chua [HCSS]
  - File size: 149kb
  - Matter: "The defence contended, and the lower court agreed, that s 90 [Securities Industry Act 1983] covers only persons who are or were government or public service officers and not managing or other directors of public listed companies."
3. Tapah Bangkol v Superintendant of Lands and Surveys [HCSS]
  - File size: 38kb
  - Matter: "the applicant had applied for an order of mandamus ... to move the respondent to issue a Settlement Notification pursuant to s 84 of Land Code (Sarawak Cap 81) to determine the native customary rights of the applicant over a parcel of land"
4. Ratus Mesra Sdn Bhd v Shaik Osman Majid [HCM]
  - File size: 58kb
  - Matter: "The plaintiff’s claim against the defendants is for damages for libel as well as for malicious falsehood, together with interest on any damages awarded and costs in respect of words published in an article"
5. Buang Mohamad v Awang Jimat [HCSS]
  - File size: 68kb
  - Matter: "plaintiff is seeking a declaration that all the dealings, transactions and the instruments relating thereto on that parcel of land ... involving all the defendants are null and void for contravention of the title conditions of the said land or by reason of fraud or that they are unconscionable ..."
6. HSBC (M) Trustee Bhd v K.H. Kong [HCM]
  - File size: 54kb
  - Matter: "‘De bonis non administratis’ is the full Latin name for a special type of grant which is made to a representative to enable the administration of an estate to be completed where all the persons to whom a grant of probate or administration has been made have died without completing administration."
7. E.E. Lee v Mary Lee [CAM]
  - File size: 35kb
  - Matter: "If he was sued for breach of fiduciary duty or for breach of trust, then he should have been cited as defendant either in his own name or in his representative capacity as an executor of the estate of the deceased. But, here, the defendant was sued as a director of Lee Guat Cheow & Co Sdn Bhd."
8. The Land Administrator, Petaling District v Swee Lin Sdn Bhd [CAM]
  - File size: 46kb
  - Matter: "When the judge came to assess the compensation there was some argument about whether the respondent ought to be compensated for loss of the warehouse as well."
9. Sunrise Bhd v L&M Agencies Sdn Bhd [HCM]
  - File size: 68kb
  - Matter: "The defence pleaded that the ... tower cranes were sold as second-hand used cranes ... and that there was no condition or warranty as to fitness ... that the breakdowns if any were caused or contributed to by the acts and/or omissions on the part of the second plaintiff ..."
10. Daewoo Corp v Bauer (M) Sdn Bhd [HCM]
  - File size: 30kb
  - Matter: "The grounds of this application that [the arbitrator] does not have jurisdiction or power to adjudicate on the dispute between the plaintiff and the defendant in relation to the above-mentioned work orders"
11. Stephen Bong v FCB (M) Sdn Bhd [HCM]
  - File size: 22kb
  - Matter: "an application for an order of certiorari by Stephen Bong, ..., to quash the Industrial Court’s Award ... which held that the termination of the applicant’s service with the respondent company was with just cause and excuse on the ground of redundancy."
12. K.L. Booi v Min for Human Resources [HCM]
  - File size: 55kb
  - Matter: "Before I deal with the issue whether the discretion was rightly exercised it is necessary to be reminded of a few principles relating to the role of the High Court in dealing with matters relating to the exercise of discretion by a public body."
13. Fasda Heights Sdn Bhd v Soon Ee Sing Construction Sdn Bhd [HCM]
  - File size: 40kb
  - Matter: "The orders sought by the plaintiff are in effect in the nature of a mandatory injunction compelling the second defendant to release the monies to the plaintiff under the bank guarantee ..."
14. Yusai v PP [HCM]
  - File size: 24kb
  - Matter: "In England, prior to 1933, children could testify in criminal proceedings only if they were found competent to swear the same oath as adult witnesses. Section 38 of the English Act first introduced the principle of unsworn evidence in criminal cases."
15. C.C. Beh v Paloh Medial Centre Sdn Bhd [HCM]
  - File size: 96kb
  - Matter: "A shareholders’ agreement is essentially a contract between the members of the company to regulate their conduct and define their duties and obligations inter se in the running of the company."

Part 4

Case No.:
1. Penerbitan Pelangi Sdn Bhd v Pan Alliance Sdn Bhd [HCSS]
  - File size: 107kb
  - Matter: "looking at the surrounding circumstances and at the whole of the distribution agreement, that cl 2(e) does not prohibit bulk order in a single order. This means that Alliance has the right to order the whole quantity ..."
2. Hock Hua Bank Bhd v M.C. Choo [HCSS]
  - File size: 37kb
  - Matter: "He submitted that in view of s 8(1) [Bankruptcy Act 1967] and in view of the High Court decision in Malayan Banking Bhd v The Official Assignee [1993] 2 AMR 48, the Official Assignee need not be named as a party for the foreclosure action ..."
3. Jasa Keramat Sdn Bhd v Monatech (M) Sdn Bhd [HCM]
  - File size: 86kb
  - Matter: "Summing up, Ms Lim said that the plaintiff has more than an arguable case, that the risk of dissipation is evinced by the conduct of the defendant, and that the balance of convenience is in favour of the grant of the injunction."
4. Filotek Trading Sdn Bhd v Buildcon-Cimaco Concrete Sdn Bhd [HCM]
  - File size: 74kb
  - Matter: "whether an application under O 18 r 19 of the RHC 1980 may be made in a winding-up petition"
5. Anwar Ibrahim v Dr Mahathir Mohamad [HCM]
  - File size: 46kb
  - Matter: "It is the plaintiff's case that ..., the defendant, ..., falsely and maliciously spoke and published to a crowd of journalists ... of and concerning the plaintiff and accused the plaintiff of homosexuality."
6. B.P. Fehrenbach v Official Receiver [HCM]
  - File size: 66kb
  - Matter: "In a derivative action, the plaintiff usually seeks to enforce a cause of action which belongs to the company and not to him personally and the court can, ... order the company to indemnify him for his costs ..."
7. Perwira Habib Bank (M) Bhd v Megat Najmuddin [HCM]
  - File size: 55kb
  - Matter: "The plaintiff contends that the first letter, ..., contained the defendants’ advice that a lien-holder’s caveat would be sufficient security for the disbursement of the first overdraft facility ..."
8. Fenghua Development Sdn Bhd v Asia Commercial Finance (M) Bhd [HCM]
  - File size: 44kb
  - Matter: "I also wish to make it clear that I have not overlooked the clear statements emanating from our higher courts that 'the courts are no longer prepared to tolerate the long delays with which the law has been associated ...'"
9. Hiebert v Chandra Sri Ram [CAM]
  - File size: 170kb
  - Matter: "The respondent alleges that the contents of the article, ..., amounts to serious contempt of the said court and an unwarranted attack upon the Malaysian Judiciary. Consequently, the respondent made an ex-parte application for leave of the said court to issue a committal order ..."
10. N.P. Lee v PP [HCM]
  - File size: 28kb
  - Matter: "the main issue being a point of law as to whether a magistrates' court had jurisdiction to hear offences under the [Women and Girls Protection Act 1973]."
11. H.C. Sam v PP [CAM]
  - File size: 43kb
  - Matter: "We agreed with the ... learned judge on the interpretation of the words 'in his view' under s 27(i) of the [Penal] Code. In our view, the learned judge committed no error and he was perfectly entitled to follow the Indian cases ..."
12. Kang Wah Construction Sdn Bhd v Chan Ai Min Property Sdn Bhd [HCSS]
  - File size: 24kb
  - Matter: "Buckley on the Companies Act ... has this to say "The defendant to proceedings brought by the liquidator in the name of the company cannot take the objection that the sanction of the Court has not been obtained.""
13. Sainal Abidin Mading v PP [CAM]
  - File size: 40kb
  - Matter: "The appellant in this case was charged at the High Court, Sandakan for the offence of murder under s 302 of the Penal Code."
14. Coke & Coal Products (M) Sdn Bhd v S.K. Hon [HCM]
  - File size: 33kb
  - Matter: "Counsel for the fourth defendant submitted that the award so made was misconceived in law, inter alia, on the ground that there was no evidence of actual damage suffered by the plaintiffs in consequence of the said caveat being lodged ..."
15. PP v Sukumaran [HCM]
  - File size: 79kb
  - Matter: "In Arulpragasan Sandaraju v PP ..., Edgar Joseph Jr FCJ perceptively observed that 'the expression ''a prima facie case'' is nowhere to be found in the [pre-Act A979] Code'. But now, the tables have turned, ..."

Part 5

Case No.:
1. CBM Construction Sdn Bhd v Builtcon & Development Sdn Bhd [HCSS]
  - File size: 23kb
  - Matter: "the plaintiff asserted that he, after lifting the corporate veil, should be liable because he was the alter ego of the first defendant ..."
2. Azizah v Mayor of Kuala Lumpur City [HCM]
  - File size: 32kb
  - Matter: "what they are quarrelling about is that they are not compensated for areas of their land utilised for the project ... [T]he original area occupied by the river in the land was 7,565 square feet. When the works were completed, it expanded to 9,823 square feet. This obviously is due to the widening of the river."
3. Murugasan v E.C. Chiew [HCM]
  - File size: 36kb
  - Matter: "The other way of looking at it is that, since common law treats the wife and one person as the husband, then his negligence should also be attributed to her. So, if the husband is liable to the defendant for contributory negligence ..."
4. PP v Muhammad Muhammad Taib [HCM]
  - File size: 126kb
  - Matter: "The prosecution case is that pursuant to investigations by the Anti-Corruption Agency. it was found the defendant had not declared the following land properties ..."
5. The People's Insurance Co (M) Sdn Bhd v H.E. Tan [HCM]
  - File size: 30kb
  - Matter: "debtor had lodged an appeal against the default judgment ... and that it was not a final judgment because it was not a judgment on the merits"
6. International Factors Leasing Pte Ltd v Winds Cruises Pte Ltd [HCM]
  - File size: 53kb
  - Matter: "The plaintiff is a Singapore company. The plaintiff had obtained judgment against the sixth defendant in the Singapore High Court ... The Singapore judgment was then registered ... in Malaysia pursuant to the Reciprocal Enforcement Judgments Act ..."
7. Jasa Keramat Sdn Bhd v Monatech (M) Sdn Bhd [CAM]
  - File size: 36kb
  - Matter: "Whether the institution of an action or its continuation or a step taken therein amounts to an abuse of process depends upon particular and individual circumstances."
8. Krishnan Kutty v Telekom Malaysia Bhd [HCM]
  - File size: 74kb
  - Matter: "This is an originating motion ... for an order of certiorari to quash the award of the Industrial Court ... dismissing the applicant's claim that he had been unjustly dismissed"
9. Insas Bhd v Raphael Pura [HCM]
  - File size: 71kb
  - Matter: "Besides contending that the said words ... were calculated to disparage the plaintiffs in their business and to cause them pecuniary damage, the plaintiffs further attributed to the defendant words spoken regarding alleged widespread abuse of judicial procedures ..."
10. Dusun Desaru Sdn Bhd v A.Y. Wang [HCM]
  - File size: 44kb
  - Matter: "... a letter bearing the ‘without prejudice’ mark would show that the parties are genuinely seeking to compromise their dispute and giving it a stamp of confidentiality ..."
11. Lim Cheng Chuan Realty Co Sdn Bhd v Penang [HCM]
  - File size: 45kb
  - Matter: "A declaration that the acquisition of the plaintiffs' lands ... is invalid and unlawful insofar as it has the effect of acquiring the plaintiff's land."
12. C.C. Teh v Chuan Hong Co [HCM]
  - File size: 28kb
  - Matter: "The petitioners allege that the directors ... have acted in the affairs of the company in their own interests ... have acted unfairly, prejudicially, in bad faith and lack of probity in abuse of directors powers "
13. - File size: kb
  - Matter: ""
14. Bayer (M) Sdn Bhd v H.P. Ng [CAM]
  - File size: 19kb
  - Matter: "the appellant wrote to the respondent informing him that his employment was terminated ... giving two reasons ... that the appellant expected to suffer operational loss ..."
15. Hongkong Bank (M) Bhd v Percetakan Nasional (M) Bhd [HCM]
  - File size: 25kb
  - Matter: "it is obvious that someone in the course of this privatization exercise had overlooked s 10(2) of the Act, by not making any provision in the privatization agreement to accommodate the publication of the material without charge."

Part 6

Case No.:
1. T.S. Ngan v Y.H. Ngan [HCM]
  - File size: 82kb
  - Matter: "an application made under the inherent jurisdiction of the court to have a winding-up petition presented against Ngan Yin Groundnut Factory Sdn Bhd struck out on the grounds that it constitutes an abuse of the process of court"
2. E.L. Tan v Estate of K.T. Tan [HCM]
  - File size: 37kb
  - Matter: "the second defendant's entitlement to inherit the land will depend on whether the deceased's personal succession law permits the conferment or bequest of that property on her. For a fact she is not a Malay ..."
3. PP v Anwar Ibrahim [HCM]
  - File size: 14kb
  - Matter: "notice of motion ... praying for an order that: senior deputy public prosecutors, Mr. Abdul Gani Patail and Mr. Azahar Mohamed, be prevented ... from further prosecuting in this case ..."
4. K.Y. Pak v Kumpulan Promista Sdn Bhd [HCM]
  - File size: 34kb
  - Matter: "Before the learned magistrate, the respondent submitted that as the appellants had effectively assigned all their rights, title and interest in the sale agreement to the bank, the appellants were incompetent to bring this action on their own."
5. Perumahan Wira Seberang Sdn Bhd v Hong Leong Finance Bhd [HCM]
  - File size: 37kb
  - Matter: "The plaintiff alleged that the loan was in contravention of the provisions of s 67 [Companies Act 1965] because, through the loan, the defendant had assisted Tham Soon Seong to buy shares ..."
6. The Scotch Whisky Association v Ewein Winery (M) Sdn Bhd [HCM]
  - File size: 107kb
  - Matter: "The first plaintiffs have both pecuniary and other interests in preventing damage to the goodwill of their members, all of whom are distillers and/or blenders and/or exporters of Scotch Whisky."
7. Pet Far Eastern (M) Sdn Bhd v Y.H. Tay [HCM]
  - File size: 145kb
  - Matter: "A constructive trust is created and is held by a person in circumstances where it would be inequitable to allow him to assert full beneficial ownership of the property"
8. United Merchant Finance Bhd v Diamond Peak Sdn Bhd [HCM]
  - File size: 55kb
  - Matter: "... there was a proper litis contestatio and a final adjudication between the parties to it on the merits. There were no appeals ... Just this application to set aside the order of another court of concurrent jurisdiction"
9. Abdul Johari v H.C. Lim [HCM]
  - File size: 101kb
  - Matter: "the defence case was that HH had a tenancy coupled with an equity on the said premises and that this was binding on the plaintiff as a successor in title ..."
10. Murugan v Deputy Home Minister [HCM]
  - File size: 28kb
  - Matter: ""... there has been a non-compliance with the procedural requirement of the Ordinance in the issuance of the said detention order by the Deputy Minister ..."
11. Abdul Shaik v Hussein Ibrahim [HCM]
  - File size: 40kb
  - Matter: "when the baby was 27 days old, the baby was handed over to the first and second defendants to be made their ‘adopted child’ because the first and second defendants did not have any child of their own"
12. Abdul Jabbar v T.G. See [HCM]
  - File size: 48kb
  - Matter: "an application by the liquidators of Kian Joo Holdings Sdn Bhd (in liquidation) seeking the approval of the court for the sale of the assets of the company, under s 237(3) of the Companies Act 1965"
13. W.W. Choong v H.H. Wah [HCM]
  - File size: 27kb
  - Matter: "It was submitted that the bankruptcy notice ... was misconceived, in that it was issued in both the applicants’ names. As such, it was fatally flawed."
14. T.G. See v Abdul Jabbar [HCM]
  - File size: 21kb
  - Matter: "a declaration that the resolution passed at the contributories' meeting ... be declared invalid on the grounds that the defendants have failed to settle the list of contributories as required [rule 67, Companies (Winding-up) Rules]"
15. Selvaraju v Public Service Commission [HCM]
  - File size: 42kb
  - Matter: "The plaintiff contended that the purported dismissal was illegal and unlawful as it was made pursuant to a suspension which was itself illegal and unlawful."

Part 7

Case No.:
1. Malayan Weaving Mills Sdn Bhd v Director General of Inland Revenue [HCM]
  - File size: 53kb
  - Matter: "an appeal ... against the decision of the Special Commissioners ... that the provision made for retirement benefits that had been taken into account in the sale of the appellant's dyeing and printing mill was not an allowable deduction ..."
2. Raja Segaran v Malaysian Bar Council [HCM]
  - File size: 105kb
  - Matter: "The thrust of the defence argument is that granting this injunction would be tantamount to impinging upon the right to freedom of speech. The short answer to this is that the plaintiff is not preventing the defendants from calling for an EGM ..."
3. Bauer (M) Sdn Bhd v Daewoo Corporation [CAM]
  - File size: 87kb
  - Matter: "the true ambit of the arbitration clause ... falls to be determined by reference to its own language. Although decided cases do assist in providing general guidelines, ..."
4. M.S. Yong v Malaysia [HCM]
  - File size: 96kb
  - Matter: "In my judgment, s 15(i) of the CPC imposes a ... compulsory burden on the person making the arrest to ‘touch or confine’ the body of the person who is being arrested ..."
5. Zakaria Hanafi v Ibrahim Hanafiah [CAM]
  - File size: 70kb
  - Matter: "Where an intended tenant, with the consent of his landlord, goes into possession under a contract for a lease or under a void lease he becomes a tenant at will ..."
6. Simmah Timber Industries Sdn Bhd v David S.K. Low [HCM]
  - File size: 76kb
  - Matter: "the plaintiff’s claim is based on constructive trust, in that it is alleged that the second defendant had received monies paid by the third defendant to the first defendant, ..."
7. Y.C. Saw v PP [HCM]
  - File size: 58kb
  - Matter: "As a first principle, a person who had appointed a counsel to act for him in a court of law should not be heard later to say that he ought to be excused from his counsel’s act or omission. It is trite that when a person retains a counsel to act for him, under agency law, the acts of his counsel is imputed on to him"
8. Gurcharan v Superintendent of Kamunting Detention Centre [CAM]
  - File size: 109kb
  - Matter: "the Deputy Minister for Home Affairs acting under s 8(7) of the [Internal Security Act] made an order directing that the duration of the detention order on the plaintiff be extended for a further period of two years"
9. Punithambigai v Karunairajah [HCM]
  - File size: 37kb
  - Matter: "learned counsel for the petitioner subscribed to the view that under s 95 [Law Reform (Marriage and Divorce) Act 1976] the maintenance for a child of the marriage does not stop at the age of 18 years but continues ..."
10. OCBC (M) Bhd v L.F. Lee [CAM]
  - File size: 46kb
  - Matter: "however, upon presentation of the cheques ... the cheques were dishonoured with an endorsement ‘account closed’. In other words the solicitors who acted as the stakeholder for the balance of the purchase price absconded"
11. Fiona Foo v Assunta Hospital [HCM]
  - File size: 115kb
  - Matter: "claim by the plaintiff ... for medical negligence ... as a result of the treatment given by Dr Soo Fook Mun at the Assunta Hospital. The plaintiff went into the hospital after the car she was in was involved in an accident"
12. Packiam v Malaysian Bar Council [HCM]
  - File size: 77kb
  - Matter: "Essentially this judgment focussed on the construction of an undertaking given by a law firm M/s Skrine & Co, the plaintiffs solicitors, to the defendant."
13. Saul Hamid v Inspector Abdul Fatah [HCM]
  - File size: 92kb
  - Matter: "plaintiff, Saul Hamid, seeks to recover damages for wrongful arrest, wrongful detention and malicious prosecution."
14. Y.Y.L v Y.P.L [CAM]
  - File size: 30kb
  - Matter: "We observe that the learned judge dismissed the application primarily on the ground that the appellant should have proceeded by way of a civil action under the Guardianship of Infants Act 1961"
15. - File size: kb
  - Matter: ""

[.... END OF 1999 ....]

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