CRIMINAL LAW: Kidnapping Act - Section 3 - Offence of kidnapping - Grounds of appeal - Whether identification parade flawed and defective - Whether trial judge failed to warn himself against accepting evidence of 13 year old victim - Whether test of maximum evaluation and beyond reasonable doubt rightly applied - Whether trial judge erred in law and fact in sentencing - Whether appellate interference warranted - Kidnapping Act , s. The appeals were in relation to five appellants who were convicted and sentenced for an offence under s. Upon receiving the ransom, SP3 was released. The accused persons were arrested and were subsequently identified by SP3 in the identification parade as well as in the dock. SP3 was 13 years old at the time of incident and 15 years old at the time of giving evidence.
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To get the most out of this law bulletin and have full access to judgments and other materials, subscribe to CLJLaw today. Feel free to forward this bulletin to your colleagues. Sign-up to receive this bulletin directly via email. CIVIL PROCEDURE: Jurisdiction — Sessions Court — Whether Sessions Court had competency and duty to dispose of whole matter in controversy — Trust issues raised in re-amended statement of claim — Whether merely defence to claim set off against debt — Whether action brought to enforce trust or defence to determine existence of trust — Whether two different and distinguishable matters — Whether Sessions Court precluded from adjudicating any matter relating to trust — Whether s.
KONTRAK: Kemungkiran - Perjanjian jual beli saham - Kemungkiran obligasi - Pembeli saham mendakwa penjual saham memungkiri syarat duluan - Pembeli saham gagal memberikan notis penolakan kontrak - Sama ada perlanggaran kontrak telah dibuktikan - Sama ada pembeli saham telah melaksanakan haknya untuk menamatkan perjanjian selepas mendapati perlanggaran perjanjian jual beli saham.
FAMILY LAW: Custody - Care and control - Interim custody order - Welfare of children - Application by petitioner wife - Children staying with respondent husband and his parents - Both petitioner wife and respondent husband were working and dependent upon their parents to help to take care of children - Whether there was evidence to negate ability of respondent husband to take care of children - Whether sudden change in custody, care and control may interrupt and cause emotional stress to children - Whether there was urgency for change of custody, care and control of children pending determination of divorce proceedings.
Deepak Jaikishan v. Hong Leong Bank Bhd v. Tenaga Nasional Bhd v. Wong Kie Chie v. Dopag Dosiertechnik Und Pnuematik Ag v. Pentamaster Instrumentation Sdn Bhd v.
Affidavits - In support of application for injunction - Application to amend to join other defendants as parties - Whether shall be made by notice of application pursuant to O. Appeal - Notice of appeal - Objection to - Whether notice deemed defective by Court of Appeal - Whether objection pertaining to notice being bad in law could be undertaken by preliminary objection - Whether there would be substantial miscarriage of justice if case proceeded - Filing of single notice of appeal in respect of decision on eight separate interlocutory applications - Whether in compliance with procedural rules - Rules of the Court of Appeal , rr.
Injunction - Ad interim injunction - Application for - Pending disposal of interlocutory injunction - Whether would preserve status quo - Whether would cause irreparable harm - Whether defendant would be prejudiced by grant of ad interim injunction - Whether refusal would prematurely frustrate application for interlocutory injunction Pentamaster Instrumentation Sdn Bhd v.
Injunctions - Mareva injunction - Pre-judgment Mareva injunction - Application to extend - Whether court seized with power to order extension of interlocutory Mareva injunction post judgment - Whether necessary to aid in execution of judgment - Whether extension of Mareva injunction would be perpetual injunction contravening s.
Judge - Recusal from hearing - Judge unilaterally recused himself from hearing cases based on baseless rumours and likelihood of bias - Appeal against recusal order - Whether recusal order appealable - Whether appellants would be prejudiced by recusal order - Courts of Judicature Act , ss. Jurisdiction - Sessions Court - Whether Sessions Court had competency and duty to dispose of whole matter in controversy - Trust issues raised in re-amended statement of claim - Whether merely defence to claim set off against debt - Whether action brought to enforce trust or defence to determine existence of trust - Whether two different and distinguishable matters - Whether Sessions Court precluded from adjudicating any matter relating to trust - Whether s.
Preliminary objection - Dismissal of - Appeal against - Whether objection pertaining to defective notice of appeal could be undertaken by mere preliminary objection - Whether allowing preliminary objection could prevent miscarriage of justice Deepak Jaikishan v. Striking out - Application for - Application to strike out relevant paragraphs contained in re-amended statement of claim - Trust issues raised in re-amended statement of claim - Whether merely defence to claim set off against debt - Whether issues raised had been decided earlier by Sessions Court - Whether findings mere observation, remark or obiter dicta - Whether estoppels and res judicata applicable - Rules of Court , O.
Patent - Infringement - Allegation by plaintiff - Application for ex parte injunctions - Whether plaintiff disclosed material facts in obtaining ex parte orders - Failure to disclose material facts - Whether ex parte orders set aside - Whether court could consider a fresh application for inter partes injunction - Whether plaintiff discharged legal burden that there was real risk of destruction or concealment of evidence Pentamaster Instrumentation Sdn Bhd v.
Electricity - Damages - Aggravated damages - Claim by electricity supply provider for losses resulting from meter-tampering - Whether aggravated damages pleaded in statement of claim - Whether trial judge has discretion to award aggravated damages - Whether calculation for damages to be assessed correct Tenaga Nasional Bhd v.
Electricity - Electricity supply provider - Contractual relationship between electricity supply provider and customers - Whether regulator or enforcer - Permission to do certain acts consistent with role as electricity supply provider - Entry into consumer's premises - Whether reg. Electricity - Inspection - Procedure to inspect premises - Officers of electricity supply provider entered consumer's premises at 5am - Whether reasonable time to conduct inspection - Whether procedure for inspection complied with - Whether there was warrant by Magistrate - Whether police officers present were Inspector or above rank of Inspector - Whether meter-tampering proved - Electricity Supply Act , ss.
This paper discusses about the justifiability of including a provision similar in nature and intent with section of the Criminal Procedure Code Act into the Syariah Criminal Procedure Enactment of Selangor.
The provision is significant in terms of procedural laws which gives the power to the authorities to detain and interrogate the suspect, investigate the case and gather as much information as possible so that the question of whether the suspect should be charged or not can be dispensed judiciously. The absence of this provision in the Syariah Criminal Procedure Enactment has actually dampened the significance of any case and as a result the suspect is released from interrogation after the time limit is exhausted.
Section of the CPC provides power to the police officer to apply for an extension up to 7 days or 14 days depending on the nature of the offence being investigated. The author also highlighted the reasons as well as justifications for the need for such provision especially in cases related to Muslims' creeds and the sanctity of the Islamic religion since these are delicate matters and need to be scrutinized and investigated thoroughly before one can be charged in the Syariah Court.
Excessive pricing is often perceived as one of the most blatant forms of abuse. An examination of the laws in the US and EU surrounding the implementation of this form of abuse reveals that there are two types of enforcement policies ranging from an interventionist to a non-interventionist approach.
A non-interventionist approach is based on the grounds that excessive prices self-correct. Moreover, the non-interventionist believe that there are several difficulties in measuring a correct benchmark and penalising a firm for excessive pricing may remove incentives to reduce costs and innovate. The interventionist on the other hand believe that prohibiting excessive prices is one of the objectives of Competition law because excessive prices can harm consumer welfare and competition authorities should intervene to protect consumers.
In Malaysia, s. Unfair pricing may be either unfairly low pricing designed to eliminate a competitor or unfairly high pricing designed to enable a dominant enterprise to obtain larger profits than it would earn in a more competitive environment.
It seems that the Act prohibits excessive pricing. However, neither the statute nor its guidelines provide sufficient guide as to how this section should be implemented. This paper reviews the literature regarding the advantages and disadvantages of competition law intervention, the approach adopted by the agencies in the EU and US and finally some guidelines as to how excessive pricing should be dealt with in Malaysia. To view previous issues of the CLJ Bulletin, Click here If you no longer wish to receive this email in the future, you may unsubscribe.
Back to Top Print this page. Print this page. Please subscribe to cljlaw or login for the full article. Self-Employment Social Security Act Civil Aviation Authority of Malaysia Act Offences Relating To Awards Act Asian Infrastructure Investment Bank Act This Act comes into operation on the date the Agreement comes into operation for the Government of Malaysia pursuant to Article 58 of the Agreement.
Finance Act Penal Code Amendment Act Bankruptcy Amendment Act Consumer Protection Amendment Act Year of assessment and subsequent years of assessment - subsubparagraphs 2 a , b , c and d , and paragraph 3; 10 June - subsubparagraph 2 e. Appointment of Date of Coming Into Operation. Notice Under Section
Akta Bil Pertukaran 1949 (Akta 204) & Akta Bil Jualan 1950 (Akta 268)
AKTA BIL PERTUKARAN 1949 & BIL JUALAN
Akta Bil Pertukaran 1949 (Akta 204) dan Akta Bil Jualan 1950 (Akta 268 ...