Madhavan Nair v PP

[1975] 2 MLJ 264 Case related to constitutional law. Class reference.

Law

This document summarizes the laws around criminal liability for minors in Malaysia. It outlines that under Malaysian law, children under 10 cannot be criminally liable, while those between 10-12 may not be liable if they are found to not understand the nature and consequences of their actions. It compares these provisions to English common law. The document also discusses two court cases that further illustrate how these defenses for minors are applied and interpreted.

Alienation of Land under NLC 1965

P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!

Art 7 st

Latifah Kaiyisah

This document discusses Articles 8, 9, and 25 of the Malaysian Federal Constitution regarding equality, protection from banishment, and deprivation of citizenship. Key points include: - Article 8 guarantees equality before the law and equal protection, but allows for reasonable classification based on intelligible differentia and a nexus with lawful objectives. Courts have upheld various laws as not violating this principle. - Article 9 protects against banishment from the country. - Article 25 allows the Federal Government to deprive citizenship obtained by registration or naturalization if the individual shows disloyalty, aided enemies during war, or obtained citizenship by fraud or mistake.

POSITION OF LOCUS STANDI IN MALAYSIA AND UNITED KINGDOM

ASMAH CHE WAN

Customary law 3

Nelfi Amiera Mizan

Customary law refers to personal laws that apply to specific racial, religious, or ethnic groups based on long-standing social practices accepted as binding by society. Customary law exists where a legal practice is observed and considered law. In international law, customary law refers to legal norms that have developed through customary exchanges between states over time. While customary law is not very relevant for Chinese and Indian communities in Malaysia today due to the Law Reform Act of 1976, indigenous communities in East Malaysia still use customary laws, and Malay customary laws apply in some family and inheritance matters in Peninsular Malaysia. The Six Widows' Case examined the application of Chinese customary law allowing polygamous marriages in Malaysia. The court recognized the marriages

MALAYSIAN LEGAL SYSTEM Revision

The document discusses the legal system in Malaysia during British colonial rule and after independence. It covers topics such as the imposition of English law in the Straits Settlements and Malay states through various Royal Charters of Justice. Local customary laws and Islamic law were recognized in some cases but not others during this period. After independence, the legal system blended English law, Islamic law, customary laws, and legislation. The hierarchy of courts and their jurisdictions are also outlined.

MALAYSIAN LEGAL SYSTEM Sources of law english law part 2 s5 cla

The document discusses the application of English commercial law in Malaysia under Section 5 of the Civil Law Act 1956. It provides: 1) Section 5 allows for the reception of English commercial law in Malaysia, with the cut-off date depending on the state - either the date of enactment for some states or continuous reception for others. 2) The term "mercantile law generally" has been broadly interpreted by courts to include any English law connected to commercial transactions. 3) However, Section 5 does not allow for the reception of English land law in Malaysia.

This document discusses the standard of proof required at the close of the prosecution's case in Malaysian criminal trials. It summarizes the key cases that addressed this issue, including Haw Tua Tau v Public Prosecutor, Khoo Hi Chiang v Public Prosecutor, and Public Prosecutor v Ong Cheng Heong. Public Prosecutor v Ong Cheng Heong established that only a prima facie case, not proof beyond reasonable doubt, is required at this stage. It clarified that a prima facie case means credible evidence for each essential element of the charge, subject to maximum evaluation but not equating to proof beyond reasonable doubt. This standard was affirmed in subsequent cases and resolved the long-

Arrest, Summon and Warrants under Malaysian CPC (2017-2018)

Contents are listed in the 1st page. P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English), if you are a grammar nazi person, my notes are definitely not a good reference yeah:) Last but not least, as law revolves everyday, you might find some of my notes are outdated. 2 ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 but SHARE WITH ME OTHERS! Have a good day.

CASE REVIEW: PUBLIC PROSECUTOR v TEO ENG CHAN & ORS

ASMAH CHE WAN

1. The four accused were charged with raping a 16-year-old girl ("Kay") in a deserted quarry. They admitted to having sex with her but claimed she consented. 2. Kay said she did not consent and was threatened by the men. She cried and screamed in pain during the acts. The next day she reported the incident to a doctor. 3. The court found Teo, Sim, and Ng guilty of rape under Section 376(2) of using threats and fear. Yap was found guilty of simple rape under Section 376(1) for lack of consent. The judgment was agreed with for thoroughly examining the issues.

(6) extortion

Ll1 slides extent of ownership and enjoyment of land part 2

This document discusses the extent of ownership and rights regarding land below the surface and adjacent support. It outlines that under Section 44(1)(a) of the NLC, a landowner has exclusive use and enjoyment of the land below the surface that is reasonably necessary. However, this is subject to other laws. Trespassing underground onto another's land can constitute trespass. Adjoining landowners also have a right to support from neighboring lands to maintain the land in its natural state. However, there is no right to additional support for land in a weakened excavated state. Some jurisdictions have extended this right of support to include buildings erected on the land. The document provides various case examples to illustrate these principles.

(10) stolen property

Sources of law - customary law part 2

The document discusses the special privileges accorded to Malays and natives in Sabah and Sarawak according to the Malaysian constitution. It notes that the Cobbold Commission report prior to the formation of Malaysia recommended extending Malay special privileges to the natives of Sabah and Sarawak. The constitution safeguards the special position of Malays and natives in public services, education, licenses, and more. It also defines natives in relation to Sabah and Sarawak, listing indigenous races. Native customary law, including Malay adat, applies in the native courts that hear cases involving natives.

Review of syariah court decisions by the high court

Noor Atikah

The document summarizes two court cases regarding the jurisdiction of civil and syariah courts in Malaysia to determine matters relating to a person's religion. In the first case, the High Court held that under the Federal Constitution, civil courts cannot interfere with or set aside orders from Syariah courts, as their jurisdictions are separate. The second case involved competing claims over the body of a deceased man from his Hindu wife and the Majlis Agama Islam. The Syariah Court had ordered the body be buried according to Islamic rites, but the High Court dismissed the wife's attempt to nullify his conversion to Islam, holding that it had no jurisdiction to review Syariah Court decisions or determine matters of Islamic

Art 5 lp

Latifah Kaiyisah

This document discusses the legal rights of arrested persons in Malaysia, including the right to legal representation and habeas corpus. Some key points: (1) Section 28A of the Criminal Procedure Code provides rights for arrested persons such as informing them of the grounds for arrest and allowing communication with a lawyer. (2) Habeas corpus applications can challenge unlawful detentions and procedural improprieties in arrests and detentions. Courts have enforced compliance with mandatory legal requirements. (3) The right to legal representation begins from the time of arrest, but may be reasonably restricted to facilitate police investigations. Overall the document analyzes various cases related to habeas corpus and legal rights after arrest.

MALAYSIAN LEGAL SYSTEM Sources of law customary law

The document discusses customary law in Malaysia, including Malay customary law, Chinese customary law, Hindu customary law, and the customary laws of the indigenous peoples. It provides details on various types of Malay customary laws such as Adat Perpatih and Adat Temenggong. It also discusses how the courts have recognized Chinese and Hindu customary laws in areas like family law and inheritance. The document outlines key cases that have helped shape understanding of customary laws in Malaysia.

Raja Abdul Malik Muzaffar Shah v SU Suruhanjaya Pasukan Polis

BHIKKU DAENG & ANOR v MAUNG SHWE TYN & ANOR

(1) The document discusses a case regarding the appointment of a new trustee to manage a Thai-Burmese Buddhist temple in Penang according to the terms of an 1845 land grant. (2) A vacancy arose for a Burmese trustee, and the second respondent was elected by the Burmese community and consent was given by the Attorney-General for his appointment. (3) The surviving Thai trustees objected to the appointment but their objections were rejected by the court, which approved the appointment to maintain parity between the Burmese and Thai communities in managing the temple.

tax cases

Aishah Hassan

Bidang kuasa sivil mahkamah / Civil Jurisdictions of Courts in Malaysia (2018...

1. The document discusses the jurisdiction of various Malaysian civil courts, from the Magistrate Court up to the High Court. It outlines the monetary limits, subject matter limits, territorial limits, and appellate/revisionary jurisdiction of each court. 2. The High Court has unlimited original jurisdiction but is generally limited to cases exceeding RM1 million in value. It has appellate jurisdiction over subordinate courts and revisionary/referral jurisdiction to examine lower court decisions. 3. When determining the appropriate court, one must consider the monetary value of the claim, the subject matter, and whether the cause of action arose within the court's territorial limits based on the parties' location.

(4) rape

Criminal Law 1 - Punishment and Illegal Omission

Irwan John Imbayan

Non fatal offences - criminal force

Azrin Hafiz

Criminal force requires the intentional or knowing application of force without consent, with the aim of causing an ulterior object. Case law establishes that threatening to harm someone if they advance constitutes criminal force, as does deliberately reversing a vehicle into another. Merely raising a stick threateningly enough to cause someone to flee also meets the standard. Attempting to undress someone against their will equally qualifies as criminal force used to outrage modesty. Words alone do not necessarily constitute criminal force if their meaning is too vague.

Art 6 of Federal Constitution

Rawaida Zulkifli

This article discusses slavery and forced labor based on Article 6 of the Federal Constitution. It defines different types of slavery such as chattel slavery, serfdom, and forced labor. Compulsory national services like the National Service Training Program are not considered forced labor. Required community work after being found guilty in court also does not count as forced labor. Government employees do not have the right to refuse unexpected transfers or tasks. Several acts like the Employment Act and Workmen's Compensation Act were passed to abolish slavery and forced labor.

Government of Malaysia & Ors v Loh Wai Kong

Appearance and default judgment

Nur Farhana Ana

The document discusses the procedures for entering an appearance and obtaining a judgment in default of appearance (JIDA) under Malaysian civil procedure rules. It explains that once served with a writ, the defendant must enter an appearance within a specified time limit, usually 14 days. Failure to do so allows the plaintiff to obtain a JIDA. A JIDA can be final, for liquidated sums, or interlocutory, requiring damages to be assessed. The defendant can apply to set aside a JIDA within 30 days. For irregular judgments obtained not in compliance with rules, the JIDA can be set aside as of right. For regular judgments, the defendant must show they have a defense on the merits by disclosing evidence

BURDEN AND STANDARD OF PROOF

This document discusses burden and standard of proof in law of evidence. It defines burden of proof as the obligation to provide sufficient evidence to support one's case, and distinguishes between burden of establishing a case and evidential burden of introducing evidence. The standard of proof refers to the degree of probability required to discharge the burden. For criminal cases, the standard is proof beyond reasonable doubt, while for civil cases it is on a balance of probabilities. The more serious the allegation, the higher the standard of proof required.

LAW OF EVIDENCE - TUTORIAL QUESTION AND ANSWER

1. A witness who is inconsistent in giving evidence, especially if the inconsistencies are material contradictions, cannot generally be regarded as a credible witness. However, not all inconsistencies necessarily undermine credibility. 2. For a witness to refresh their memory by referring to notes, certain conditions must be met under Section 159 of the Evidence Act. The writing must have been made by the witness at the time of the event or soon after. 3. Even if the conditions for refreshing memory are satisfied, the opposing party still has the right to inspect the document and cross-examine the witness on it. Referring to a document alone does not necessarily make the witness credible; it depends on whether the statutory safeguards are

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PRESUMPTION AND JUDICIAL NOTICE

The document discusses key concepts related to presumption and judicial notice in Malaysian law. It defines presumption as an inference drawn from known facts, and distinguishes between presumption of law and presumption of fact. It explains different types of presumptions under Malaysian law including those that the court "may presume", "shall presume", and those that constitute "conclusive proof". It also defines judicial notice as facts that a judge will notice without proof, and provides examples of facts that courts commonly take judicial notice of, such as identities of government leaders.

AGGRAVATE ME - SAMPLE SENIOR

1. Samad Tuah bin Jebat was charged with stealing a motorbike under Section 379A of the Penal Code. 2. The prosecution argued for a heavier punishment to deter the increasing number of motorbike thefts in the area. 3. The defense pleaded for leniency as it was the accused's first offense, and he needed the motorbike due to desperation and intended to return it. 4. The magistrate found the accused guilty but discharged him with a bond for good behavior for 2 years, taking into account it was a first offense due to necessity, and that imprisonment may not be the solution.

BEBAN DAN DARJAH PEMBUKTIAN

CHILD ACT 2001

This document provides the text of Malaysia's Child Act 2001, which consolidates and amends laws relating to the care, protection and rehabilitation of children. Some key points: - It establishes the National Council for Children to oversee child welfare issues. - It defines terms like "child", "Court for Children", and types of institutions like places of safety, refuge, detention, and approved schools. - It covers issues like children in need of care/protection, criminal procedures for children, placing children in institutions, and the roles of protectors, probation officers, and other officials. - It has transitional provisions to continue existing councils, rules, and childcare institutions established under previous laws.

THE JUVENILE JUSTICE SYSTEM IN MALAYSIA

This document provides an overview of the juvenile justice system in Malaysia. It discusses that 60% of Malaysia's population is under 30 years old, and that while perceptions are that juvenile crime is increasing, data is limited and inconsistent. For children accused of crimes, the Child Act of 2001 established specialized procedures and the Court for Children to handle their cases separately from adult procedures. The document outlines the key stages of handling a child in conflict with the law, from arrest to sentencing. It also discusses exceptions for serious crimes and status offenses. Overall, the document presents background on juvenile justice in Malaysia and the legal framework established in the Child Act.

Capital and Corporal Punishment

1) Several laws in Malaysia carry mandatory death penalties for offenses such as murder, drug trafficking, and treason. Between 1970-1996, 349 people were executed, mostly for drug offenses. 2) While the number of executions has decreased in recent years, official statistics show the death penalty has been ineffective in reducing drug addiction and the number of known addicts has risen. 3) Caning is a supplementary punishment to imprisonment for around 40 crimes including drug offenses, rape, and firearms offenses. However, caning violates international human rights standards against cruel or degrading treatment or punishment.

Baldah Toyyibah (Prasarana) Kelantan Sdn Bhd v Dae Hanguru Infra Sdn Bhd and ...

The Court of Appeal was determining two appeals regarding a dispute over a construction agreement for the Kota Bharu-Kuala Krai Highway Project. The plaintiff had sued the defendants for breach of contract. The key issues were whether there was an enforceable contract and whether the plaintiff was entitled to compensation. The Court of Appeal allowed the first defendant's appeal and dismissed the plaintiff's appeal. It found that there was no valid contract between the parties due to a lack of consensus ad idem. While the plaintiff was later nominated as the contractor, this did not remedy the lack of consensus needed to form a valid contract. As the plaintiff did not prove a valid enforceable contract existed, it was not entitled to compensation for breach

PERSONAL INSOLVENCY INFOGRAPHIC

The bankrupt appealed the dismissal of their application for discharge from bankruptcy. The creditor opposed the appeal, arguing that the Director General of Insolvency's (DGI) report was incomplete and unreliable. The court agreed that the DGI report failed to undertake a comprehensive investigation of the bankrupt's assets. As the DGI report is a main piece of evidence in bankruptcy cases, it should have been more detailed. The court dismissed the appeal, as it was not bound to accept an incomplete or unreliable report.

JUSTIFIKASI KEPERLUAN PENAHANAN REMAN MENURUT PERUNDANGAN ISLAM DAN SIVIL

Dokumen tersebut membahasakan justifikasi keperluan penahanan reman menurut hukum Islam dan perundangan sivil. Penahanan reman dipraktikkan sejak zaman Nabi Muhammad sebagai salah satu prosedur penyiasatan untuk mencegah tertuduh melarikan diri dan menghancurkan bukti. Kebanyakan ulama Islam mengizinkan penahanan reman yang bersifat sementara untuk tujuan investigasi, bukan hukuman. Tempoh penahanan bervariasi menurut

CONTRACTS ACT 1950 COVER PAGE

CONTRACTS ACT 1950

The document is the Contracts Act 1950 of Malaysia. It contains 191 sections organized into 10 Parts that establish rules and principles related to contracts. Some key details include: - The Act relates to contracts and was first enacted in 1950, with revisions in 1974 and 2006. - Part I establishes preliminary definitions for terms used in the Act like proposal, acceptance, promisor, promisee, consideration, agreement, void, contract, and reciprocal promises. - Parts II through IX cover topics like communication and revocation of proposals, void and voidable contracts, contingent contracts, performance of contracts, consequences of breach, indemnity and guarantee, bailment, and agency. - Part X addresses the

The Legal Profession in Malaysia

The document summarizes the history and current state of the legal profession in Malaysia. It discusses: - The legal profession in Malaysia is a fused profession with no distinction between solicitors and barristers. - The earliest lawyers were known as "law agents" or "advocates and attornies", with the first admission recorded in 1808. - Various ordinances established regulatory bodies for lawyers in different states, which were consolidated by the Legal Profession Act 1976, establishing the Malaysian Bar and Bar Council. However, Sabah and Sarawak continue to have their own separate legislation and professional bodies.

AN INTRODUCTION TO ISLAMIC LAW OF PROPERTY IN MALAYSIA

This document provides an overview of Islamic law of property in Malaysia. It discusses several key topics: 1) The administration of Muslim estates, which can be testate (with a will) or intestate (without a will). Small estates valued under RM600,000 are distributed by land administrators according to Islamic inheritance law. Non-small estates are distributed by civil courts, who require a certificate from the sharia court. 2) Wills made by Muslims must comply with sharia principles and are adjudicated by sharia courts. Some states have enacted Muslim Wills Enactments to govern this. 3) Nominations in insurance policies and savings accounts are treated differently by different state fatwas regarding

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WRITTEN AND ORAL IN ISLAMIC LAW - DOCUMENTARY EVIDENCE AND NON-MUSLIMS IN MOR...

This document discusses a case from 1881 in which a Jewish merchant named Ya'akov b. Shalom Assarraf sued a Muslim associate in a shari'a court in Fez, Morocco. Ya'akov presented a legal document as evidence that the defendant owed him money, and the judge ruled in Ya'akov's favor based solely on this documentary evidence, contradicting the common understanding that Islamic law privileged oral testimony over written documents. The document analyzes this case in the context of scholarship on evidentiary standards in Islamic law and the role of non-Muslims in shari'a courts, arguing it highlights the need to reexamine assumptions about the probative value of documents and legal interactions between religious groups in

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