The document discusses the court system of Malaysia. It outlines the hierarchy and jurisdiction of various courts:
1) The superior courts are the Federal Court, Court of Appeal, and High Courts. The subordinate courts are the Sessions Court and Magistrates Court.
2) The High Courts have both original and appellate jurisdiction over civil and criminal cases. They can hear appeals from subordinate courts.
3) The Court of Appeal hears appeals from judgments of the High Courts. Cases are decided by a panel of three or more judges.
4) Subordinate courts like Sessions Court and Magistrates Court have jurisdiction over civil cases involving amounts up to RM1 million and RM100,000 respectively. They handle criminal cases
MALAYSIAN LEGAL SYSTEM Administration of justice PART 1 (LATEST)xareejx
This document outlines the court system in Malaysia. It discusses the hierarchy and jurisdiction of the different courts, including the subordinate courts (sessions court and magistrates court), the high courts, court of appeal, and federal court. It also discusses some of the laws governing the courts, such as the Courts of Judicature Act 1964, Subordinate Courts Act 1948, and Child Act 2001. Key details provided include the jurisdiction and powers of each court level, as well as rules around appeals.
MALAYSIAN LEGAL SYSTEM Administration of justice intro civil jurisdictionxareejx
This document outlines the court system in Malaysia. It discusses the hierarchy and jurisdiction of the different courts, including the subordinate courts (sessions court and magistrates court), the high courts, court of appeal, and federal court. It also discusses some of the laws governing the courts, such as the Courts of Judicature Act 1964, Subordinate Courts Act 1948, and Child Act 2001. Key details provided include the jurisdiction and powers of each court level, as well as rules around appeals.
Administration of Justice 2015 (more organised)xareejx
A better more organised version of my lecture slides on Administration of Justice. This one combines two previous slides on administration of justice (parts 1 and 2).
Bidang kuasa sivil mahkamah / Civil Jurisdictions of Courts in Malaysia (2018...Intan Muhammad
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.
The Federal Court is the highest court in Malaysia. It hears appeals from the Court of Appeal and High Court and has original jurisdiction to determine certain constitutional matters. The Court of Appeal hears appeals from the High Court and has appellate jurisdiction over criminal and civil cases. The High Court has both original and appellate jurisdiction to hear civil and criminal cases. Below the High Court are the Sessions Court, Magistrate's Court, and Penghulu Court, which have jurisdiction over less serious criminal and civil cases. Special courts like the Juvenile Court and Syariah Courts also exist to handle certain types of cases.
MALAYSIAN LEGAL SYSTEM Administration of justice PART 1 (LATEST)xareejx
This document outlines the court system in Malaysia. It discusses the hierarchy and jurisdiction of the different courts, including the subordinate courts (sessions court and magistrates court), the high courts, court of appeal, and federal court. It also discusses some of the laws governing the courts, such as the Courts of Judicature Act 1964, Subordinate Courts Act 1948, and Child Act 2001. Key details provided include the jurisdiction and powers of each court level, as well as rules around appeals.
MALAYSIAN LEGAL SYSTEM Administration of justice intro civil jurisdictionxareejx
This document outlines the court system in Malaysia. It discusses the hierarchy and jurisdiction of the different courts, including the subordinate courts (sessions court and magistrates court), the high courts, court of appeal, and federal court. It also discusses some of the laws governing the courts, such as the Courts of Judicature Act 1964, Subordinate Courts Act 1948, and Child Act 2001. Key details provided include the jurisdiction and powers of each court level, as well as rules around appeals.
Administration of Justice 2015 (more organised)xareejx
A better more organised version of my lecture slides on Administration of Justice. This one combines two previous slides on administration of justice (parts 1 and 2).
Bidang kuasa sivil mahkamah / Civil Jurisdictions of Courts in Malaysia (2018...Intan Muhammad
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.
The Federal Court is the highest court in Malaysia. It hears appeals from the Court of Appeal and High Court and has original jurisdiction to determine certain constitutional matters. The Court of Appeal hears appeals from the High Court and has appellate jurisdiction over criminal and civil cases. The High Court has both original and appellate jurisdiction to hear civil and criminal cases. Below the High Court are the Sessions Court, Magistrate's Court, and Penghulu Court, which have jurisdiction over less serious criminal and civil cases. Special courts like the Juvenile Court and Syariah Courts also exist to handle certain types of cases.
The document outlines the judicial system and powers of the courts in the Philippines according to the constitution. It discusses the structure of the court system with the Supreme Court at the top, followed by lower appellate and trial courts. It also describes the qualifications for Supreme Court justices, the jurisdiction and powers of the different courts, and aspects ensuring the independence of the judiciary such as fiscal autonomy and the process for appointing justices.
The High Court will hear the case between Meng and Ong because the offence of murder carries a potential death sentence. The High Court has original, appellate, revisionary, and supervisory jurisdiction over criminal and civil cases. It normally tries cases involving serious criminal offenses, such as those carrying the death penalty, and hears appeals from lower courts. The High Court also has the power to review decisions of administrative tribunals and native courts.
MALAYSIAN LEGAL SYSTEM Administration of justice part 2xareejx
The document outlines the jurisdiction and sentencing powers of various Malaysian courts. It explains that first class magistrates try offences with maximum 10 years imprisonment or fine-only offences. Sessions courts try all offences except those punishable by death. The high court, court of appeal and federal court have broad jurisdiction over criminal cases, with higher courts able to substitute sentences passed in lower courts. Shariah courts have jurisdiction over Muslims in matters of Islamic law.
Jurisdiction over a person accused of a crime can be acquired through apprehension or voluntary appearance in court. Venue, or the location where a criminal case is tried, is also jurisdictional. For a court to have jurisdiction over a case, the offense or an essential part of the offense must have occurred within the court's territorial jurisdiction. Jurisdiction and venue are determined at the time criminal proceedings are initiated. Exceptions include offenses with extraterritorial application and the Supreme Court's power to transfer a case to a different regional trial court for fairness.
This document outlines the structure and powers of the Philippine judicial system according to the 1987 Constitution. It discusses that judicial power is vested in one Supreme Court and lower courts, and that the judiciary is composed of constitutional, statutory, appellate, and special courts. It also summarizes the qualifications of judges, the creation of the Judicial and Bar Council, appointment process of judges, and administrative powers and independence of the Supreme Court.
The document discusses the composition and powers of the Philippine judiciary based on the 1987 Constitution. It notes that judicial power is vested in the Supreme Court and lower courts established by law. The Supreme Court has 15 justices and can sit en banc or in divisions. It has original jurisdiction over certain cases and appellate jurisdiction over others. The Supreme Court also has administrative supervision over all courts and rule-making powers. Requirements are outlined for justices of the Supreme Court and judges of lower courts. A Judicial and Bar Council is established to recommend judicial appointments.
The document outlines the powers of the Supreme Court according to the Philippine Constitution. It discusses:
1) The Supreme Court's original jurisdiction over cases affecting ambassadors and petitions for writs like habeas corpus.
2) Its appellate jurisdiction over cases involving constitutionality of laws and those where only questions of law are involved.
3) Its powers to assign judges, order change of venue, promulgate rules of procedure and appoint judicial officials.
4) Qualification requirements for Supreme Court justices and judges, including Philippine citizenship and legal experience.
The document discusses the jurisdiction of civil and criminal courts in India. It notes that jurisdiction refers to a court's power to hear and decide cases. There are different types of jurisdiction including civil and criminal jurisdiction, original and appellate jurisdiction, jurisdiction over subject matter, local or territorial jurisdiction, and pecuniary jurisdiction. The document outlines the civil and criminal jurisdiction of various courts in India, from civil courts up to the Supreme Court, and discusses the power of courts to try offenses and pass sentences.
This document outlines guidelines for decongesting holding jails in accordance with the rights of accused persons to bail and a speedy trial. It discusses Sections 5 and 16 of Rule 114 of the Rules of Court and Sections 5-6 and 10 of the Recognizance Act (RA 10389). RA 10389 allows for the release of indigent accused persons on their own recognizance to a qualified custodian before or after conviction in lower courts. It establishes procedures for application, requirements, qualifications of custodians, and the role of probation officers in monitoring released persons.
The document discusses various types of jurisdiction of courts in Pakistan. It explains that civil courts have the jurisdiction to try all civil suits unless expressly barred. It classifies jurisdiction into four types - subject matter jurisdiction, pecuniary jurisdiction, territorial jurisdiction, and personal jurisdiction. It provides details on each type of jurisdiction and the rules regulating them. The document also discusses various absolute bars, conditional bars, and special bars upon the jurisdiction of civil courts in Pakistan.
The document outlines key provisions of the 1987 Philippine Constitution relating to the judiciary. It establishes the Supreme Court as the highest court and grants it powers like judicial review. It provides for the establishment of lower courts and sets qualifications for judges. It also creates a Judicial and Bar Council to recommend judicial appointments. The Supreme Court is given authority over case decisions and discipline of lower court judges.
This document discusses the constitution and powers of criminal courts in India. It begins by explaining that a criminal court has jurisdiction over criminal offenses and its authority is hierarchical depending on the offense and prescribed punishment. It then outlines the hierarchy, noting that the Constitution establishes the Supreme Court and High Courts, with the Supreme Court having appellate authority over High Court decisions. The Code of Criminal Procedure further establishes Sessions Courts, Judicial Magistrates, and Executive Magistrates. It provides details on the types of courts and their respective jurisdictions and sentencing powers. Throughout it discusses relevant case laws that help explain this framework for criminal courts in India.
The document summarizes key sections of Article VIII of the Philippine Constitution relating to the judicial department. It discusses the composition and jurisdiction of courts, the powers of Congress over the judiciary, fiscal autonomy of the judiciary, and composition and sitting procedures of the Supreme Court. Specifically, it states that the Supreme Court is composed of a Chief Justice and 14 Associates, who may sit en banc or in divisions. Congress can define court jurisdictions but not reduce the Supreme Court's constitutionally defined powers. The judiciary has fiscal autonomy with appropriations that cannot be reduced year-over-year.
Philippine Constitution - Article VIII - Judicial DepartmentJohn Paul Espino
Article 8 - VIII - Judicial Department of the Philippines
PREAMBLE
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.
The document discusses the structure and powers of the Supreme Court of India, describing its composition of the Chief Justice and 30 other judges, the qualifications and appointment process for judges, and the key powers and jurisdictions of the Supreme Court including its original, appellate, advisory and revisory jurisdiction as well as the power of judicial review. It also examines the independence of the judiciary and outlines the administrative functions of the Supreme Court.
The document provides an overview of the Code of Criminal Procedure (CrPC) in Bangladesh. Some key points:
- The CrPC is the primary legislation governing criminal procedure in Bangladesh. It was first enacted in 1898 under British rule and has since been amended after independence.
- The CrPC outlines the procedures for criminal courts, conducting criminal proceedings, and crime prevention. It contains provisions for regular trials and summary trials in magistrate courts.
- Regular trials involve framing charges, examining evidence, and determining acquittals or sentences. Summary trials have simplified procedures without recording all evidence to expedite less serious cases.
- The objectives of the CrPC include ensuring accused persons receive a fair trial according to principles
Among the procedural law the Code of Criminal Procedure is very important.
The Code was come into force in first July, 1898. The Code was enacted with a
view to regulate the procedure concerning inquiry, investigation and trial of
criminal acts.
As a procedural law it contains the procedure of the criminal law.
The Code has several aspects. Social is one of them. The concern of the Code
becomes clear from its provisions on protection and maintenance of women,
children and persons otherwise handicapped.
Section 321 of the Indian Code of Criminal Procedure allows the public prosecutor conducting a case to withdraw from prosecution with the court's permission. This effectively stops the prosecution of the case. Key points:
- Withdrawal must be approved by the central/state government for certain serious offenses.
- It results in the accused being discharged if before charging, or acquitted if after. This bars retrial.
- Withdrawal relies on the prosecutor alone, while composition under Section 320 requires both parties' consent.
- The prosecutor must apply their mind independently and not be influenced when seeking withdrawal.
- Withdrawal is intended to further public justice, peace, security or prevent false prosecutions.
The document outlines the judicial system and powers of the courts in the Philippines according to the constitution. It discusses the structure of the court system with the Supreme Court at the top, followed by lower appellate and trial courts. It also describes the qualifications for Supreme Court justices, the jurisdiction and powers of the different courts, and aspects ensuring the independence of the judiciary such as fiscal autonomy and the process for appointing justices.
The High Court will hear the case between Meng and Ong because the offence of murder carries a potential death sentence. The High Court has original, appellate, revisionary, and supervisory jurisdiction over criminal and civil cases. It normally tries cases involving serious criminal offenses, such as those carrying the death penalty, and hears appeals from lower courts. The High Court also has the power to review decisions of administrative tribunals and native courts.
MALAYSIAN LEGAL SYSTEM Administration of justice part 2xareejx
The document outlines the jurisdiction and sentencing powers of various Malaysian courts. It explains that first class magistrates try offences with maximum 10 years imprisonment or fine-only offences. Sessions courts try all offences except those punishable by death. The high court, court of appeal and federal court have broad jurisdiction over criminal cases, with higher courts able to substitute sentences passed in lower courts. Shariah courts have jurisdiction over Muslims in matters of Islamic law.
Jurisdiction over a person accused of a crime can be acquired through apprehension or voluntary appearance in court. Venue, or the location where a criminal case is tried, is also jurisdictional. For a court to have jurisdiction over a case, the offense or an essential part of the offense must have occurred within the court's territorial jurisdiction. Jurisdiction and venue are determined at the time criminal proceedings are initiated. Exceptions include offenses with extraterritorial application and the Supreme Court's power to transfer a case to a different regional trial court for fairness.
This document outlines the structure and powers of the Philippine judicial system according to the 1987 Constitution. It discusses that judicial power is vested in one Supreme Court and lower courts, and that the judiciary is composed of constitutional, statutory, appellate, and special courts. It also summarizes the qualifications of judges, the creation of the Judicial and Bar Council, appointment process of judges, and administrative powers and independence of the Supreme Court.
The document discusses the composition and powers of the Philippine judiciary based on the 1987 Constitution. It notes that judicial power is vested in the Supreme Court and lower courts established by law. The Supreme Court has 15 justices and can sit en banc or in divisions. It has original jurisdiction over certain cases and appellate jurisdiction over others. The Supreme Court also has administrative supervision over all courts and rule-making powers. Requirements are outlined for justices of the Supreme Court and judges of lower courts. A Judicial and Bar Council is established to recommend judicial appointments.
The document outlines the powers of the Supreme Court according to the Philippine Constitution. It discusses:
1) The Supreme Court's original jurisdiction over cases affecting ambassadors and petitions for writs like habeas corpus.
2) Its appellate jurisdiction over cases involving constitutionality of laws and those where only questions of law are involved.
3) Its powers to assign judges, order change of venue, promulgate rules of procedure and appoint judicial officials.
4) Qualification requirements for Supreme Court justices and judges, including Philippine citizenship and legal experience.
The document discusses the jurisdiction of civil and criminal courts in India. It notes that jurisdiction refers to a court's power to hear and decide cases. There are different types of jurisdiction including civil and criminal jurisdiction, original and appellate jurisdiction, jurisdiction over subject matter, local or territorial jurisdiction, and pecuniary jurisdiction. The document outlines the civil and criminal jurisdiction of various courts in India, from civil courts up to the Supreme Court, and discusses the power of courts to try offenses and pass sentences.
This document outlines guidelines for decongesting holding jails in accordance with the rights of accused persons to bail and a speedy trial. It discusses Sections 5 and 16 of Rule 114 of the Rules of Court and Sections 5-6 and 10 of the Recognizance Act (RA 10389). RA 10389 allows for the release of indigent accused persons on their own recognizance to a qualified custodian before or after conviction in lower courts. It establishes procedures for application, requirements, qualifications of custodians, and the role of probation officers in monitoring released persons.
The document discusses various types of jurisdiction of courts in Pakistan. It explains that civil courts have the jurisdiction to try all civil suits unless expressly barred. It classifies jurisdiction into four types - subject matter jurisdiction, pecuniary jurisdiction, territorial jurisdiction, and personal jurisdiction. It provides details on each type of jurisdiction and the rules regulating them. The document also discusses various absolute bars, conditional bars, and special bars upon the jurisdiction of civil courts in Pakistan.
The document outlines key provisions of the 1987 Philippine Constitution relating to the judiciary. It establishes the Supreme Court as the highest court and grants it powers like judicial review. It provides for the establishment of lower courts and sets qualifications for judges. It also creates a Judicial and Bar Council to recommend judicial appointments. The Supreme Court is given authority over case decisions and discipline of lower court judges.
This document discusses the constitution and powers of criminal courts in India. It begins by explaining that a criminal court has jurisdiction over criminal offenses and its authority is hierarchical depending on the offense and prescribed punishment. It then outlines the hierarchy, noting that the Constitution establishes the Supreme Court and High Courts, with the Supreme Court having appellate authority over High Court decisions. The Code of Criminal Procedure further establishes Sessions Courts, Judicial Magistrates, and Executive Magistrates. It provides details on the types of courts and their respective jurisdictions and sentencing powers. Throughout it discusses relevant case laws that help explain this framework for criminal courts in India.
The document summarizes key sections of Article VIII of the Philippine Constitution relating to the judicial department. It discusses the composition and jurisdiction of courts, the powers of Congress over the judiciary, fiscal autonomy of the judiciary, and composition and sitting procedures of the Supreme Court. Specifically, it states that the Supreme Court is composed of a Chief Justice and 14 Associates, who may sit en banc or in divisions. Congress can define court jurisdictions but not reduce the Supreme Court's constitutionally defined powers. The judiciary has fiscal autonomy with appropriations that cannot be reduced year-over-year.
Philippine Constitution - Article VIII - Judicial DepartmentJohn Paul Espino
Article 8 - VIII - Judicial Department of the Philippines
PREAMBLE
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.
The document discusses the structure and powers of the Supreme Court of India, describing its composition of the Chief Justice and 30 other judges, the qualifications and appointment process for judges, and the key powers and jurisdictions of the Supreme Court including its original, appellate, advisory and revisory jurisdiction as well as the power of judicial review. It also examines the independence of the judiciary and outlines the administrative functions of the Supreme Court.
The document provides an overview of the Code of Criminal Procedure (CrPC) in Bangladesh. Some key points:
- The CrPC is the primary legislation governing criminal procedure in Bangladesh. It was first enacted in 1898 under British rule and has since been amended after independence.
- The CrPC outlines the procedures for criminal courts, conducting criminal proceedings, and crime prevention. It contains provisions for regular trials and summary trials in magistrate courts.
- Regular trials involve framing charges, examining evidence, and determining acquittals or sentences. Summary trials have simplified procedures without recording all evidence to expedite less serious cases.
- The objectives of the CrPC include ensuring accused persons receive a fair trial according to principles
Among the procedural law the Code of Criminal Procedure is very important.
The Code was come into force in first July, 1898. The Code was enacted with a
view to regulate the procedure concerning inquiry, investigation and trial of
criminal acts.
As a procedural law it contains the procedure of the criminal law.
The Code has several aspects. Social is one of them. The concern of the Code
becomes clear from its provisions on protection and maintenance of women,
children and persons otherwise handicapped.
Section 321 of the Indian Code of Criminal Procedure allows the public prosecutor conducting a case to withdraw from prosecution with the court's permission. This effectively stops the prosecution of the case. Key points:
- Withdrawal must be approved by the central/state government for certain serious offenses.
- It results in the accused being discharged if before charging, or acquitted if after. This bars retrial.
- Withdrawal relies on the prosecutor alone, while composition under Section 320 requires both parties' consent.
- The prosecutor must apply their mind independently and not be influenced when seeking withdrawal.
- Withdrawal is intended to further public justice, peace, security or prevent false prosecutions.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
3. FEDERALCOURT
COURT OF APPEAL
HIGH COURT OF MALAYA
HIGH COURT OF
SABAHAND SARAWAK
SESSIONS COURT
MAGISTRATECOURT
SESSIONS COURT
MAGISTRATECOURT
4. SUPERIOR COURTS
Federal Court
Court of Appeal
High Courts
SUBORDINATE COURTS
Sessions Court
Magistrates Court
5. Courts of Judicature Act 1964
15. (1)The place in which any Court is held for
the purpose of trying any cause or matter,
civil or criminal, shall be deemed an open and
public court to which the public generally
may have access:
6.
7. Chief Justice of the Federal Court
President of the Court of Appeal
Chief Judge of the High Court of Malaya
Chief Judge of the High Court of Sabah and
Sarawak
8. FC Articles 121 – 131A
Hold office up to age of 65
Cannot be removed save on grounds of
misconduct or inability arising from infirmity of
body or mind
Salary paid from a special fund
Conduct of judges may only be discussed in
Parliament under certain circumstances (A 127
FC).
Art 122B: Appointment is byYDPA.
9. Article 123 FC:
(a) he is a citizen; and
(b) for the ten years preceding his appointment
he has been an advocate of those courts or any
of them or a member of the judicial and legal
service of the Federation or of the legal service
of a State.
10. To assist judges in easing the backlog of cases
Tenure is for 3 years – A 122AB
Possesses the same power and immunities as
a High Court judge.
11. Appointed by theYang di-PertuanAgong on
the recommendation of the respective Chief
Judges (section 59 of the Subordinate Courts
Act 1948)..
They are members of the Judicial and Legal
Service i.e. public servant – A 132 FC
12.
13. Court of Judicature Act 1964 -- CJA
Subordinate Courts Act 1948 -- SCA
Rules of the Court 2012
14. S90. SCA
Subject to the limitations contained in this
Act, a First Class Magistrate shall have
jurisdiction to try all actions and suits of a civil
nature where the amount in dispute or value
of the subject matter does not exceed one
hundred thousand ringgit.
15. S 92 SCA. A Second Class Magistrate shall
only have jurisdiction to try original actions or
suits of a civil nature where the plaintiff seeks
to recover a debt or liquidated demand in
money payable by the defendant, with or
without interest, not exceeding ten thousand
ringgit.
16. S 65
A Sessions Court has–
(a) unlimited jurisdiction to try all actions and
suits of a civil nature in respect of motor
vehicle accidents, landlord and tenant and
distress; and
(b) jurisdiction to try all other actions and
suits of a civil nature where the subject
matter does not exceed RM1, 000,000.00.
17. S 69 SCA: SessionsCourts shall have no jurisdiction in actions, suits or
proceedings of a civil nature—
(a) relating to immovable property except as provided in sections 70 and 71;
(b) for the specific performance or rescission of contracts;
(c) for an injunction;
(d) for the cancellation or rectification of instruments;
(e) to enforce trusts;
(f) for accounts;
(g) for declaratory decrees except in interpleader proceedings under section 73;
(h) for the issue or revocation of grants of representation of the estates of
deceased persons or the administration or distribution thereof;
(i) wherein the legitimacy of any person is in question;
(j) wherein the guardianship or custody of infants is in question;
and
(k) except as specifically provided in any written law for the time being in force,
wherein the validity or dissolution of any marriage is in question.
18.
19. Civil jurisdiction—general
S23 CJA: (1) Subject to the limitations contained in
Article 128 of the Constitution the High Court shall have
jurisdiction to try all civil proceedings where—
(a) the cause of action arose;
(b) the defendant or one of several defendants resides
or has his place of business;
(c) the facts on which the proceedings are based exist
or are alleged to have occurred; or
(d) any land the ownership of which is disputed is
situated,
within the local jurisdiction of the Court…
20. S 3 CJA:
“local jurisdiction” means—
(a) in the case of the High Court in Malaya, the
territory comprised in the States of Malaya, namely,
Johore, Kedah, Kelantan, Malacca, Negeri Sembilan,
Pahang, Penang, Perak, Perlis, Selangor,Terengganu
and the FederalTerritory* of Kuala Lumpur; and
(b) in the case of the High Court in Sabah and
Sarawak, the territory comprised in the States of
Sabah, Sarawak and the FederalTerritory of Labuan,
21. Civil jurisdiction—specific
S 24 CJA .Without prejudice to the generality of section 23 the civil
jurisdiction of the High Court shall include—
(a) jurisdiction under any written law relating to divorce and matrimonial causes;
(b) the same jurisdiction and authority in relation to matters of admiralty as is had by
the High Court of Justice in England under the United Kingdom Supreme Court Act
1981;
(c) jurisdiction under any written law relating to bankruptcy or to companies;
(d) jurisdiction to appoint and control guardians of infants and generally over the
person and property of infants;
(e) jurisdiction to appoint and control guardians and keepers of the person and
estates of idiots, mentally disordered persons and persons of unsound mind; and
(f) jurisdiction to grant probates of wills and testaments and letters of administration
of the estates of deceased persons leaving property within the territorial jurisdiction of
the Court and to alter or revoke such grants.
22. S 25 CJA
(2)Without prejudice to the generality of
subsection (1) the
High Court shall have the additional powers
set out in the Schedule
23.
24. Appellate civil jurisdiction
27.The appellate civil jurisdiction of the High
Court shall consist of the hearing of appeals
from subordinate courts…
25. Civil appeals from subordinate courts
28. (1) Subject to any other written law, no appeal
shall lie to the High Court from a decision of a
subordinate court in any civil cause or matter where
the amount in dispute or the value of the subject-
matter is ten thousand ringgit or less except on a
question of law.
(2) An appeal shall lie from any decision of a
subordinate court in any proceedings relating to
maintenance of wives or children, irrespective of the
amount involved.
26. Power of High Court to call for records of civil
proceedings in subordinate courts
32.The High Court may call for and examine
the record of any civil proceedings before any
subordinate court for the purpose of
satisfying itself as to the correctness, legality
or propriety of any decision recorded or
passed, and as to the regularity of any
proceedings of any such subordinate court.
27. Powers of High Court on revision of civil
proceedings
33. In the case of any civil proceedings in
subordinate court the record of which has
been called for, or which otherwise comes to
its knowledge, the High Court may give such
orders thereon, either by directing a new trial
or otherwise, as seems necessary to secure
that substantial justice is done.
28. No revision at instance of party who could
have appealed
34.Where an appeal lies from any decision in
any civil matter, and no appeal is brought, no
proceeding by way of revision shall be
entertained at the instance of a party who
could have appealed
29. Armed robbery at 3:45 cm
Accused pleaded guilty. Magistrate imposed
imprisonment 30 month and one stroke
rotan.
30. Abdull Hamid Embong H:
“Kes ini telah dipanggil oleh saya setelah
membaca siaran berita tentangnya dalam
akhbar tempatan minggu lepas (12 Julai 2006).
Selepas mengkaji latar belakang dan fakta kes
daripada rekod perbicaraan, saya telah
memutuskan untuk membuat semakan
terhadap hukuman yang dijatuhkan oleh
majistret terhadap tertuduh dalam kes ini,
mengikut kuasa mahkamah ini di bawah Kanun
Acara Jenayah ss 323 dan 325.”
31. Held:
(1)The facts of this case shows that the armed robbery by the
accused was committed at 3.45am in the complainant's own
house. It was clear that this was a heinous and horrid crime. It was
made worse because the incident happened in the complainant's
own house, ie a place where one should assume as the safest
place.This country practises a liberal and friendly policy towards
foreign workers who come to find work here legally. Nevertheless,
there are also foreigners who enter here illegally and involve
themselves with crimes such as in this case.The public should be
protected against such people.The court should be blamed for not
performing its role if it is not aware of the public's desire to be
protected by criminals such as the accused. Justice to the victim in
this robbery ought to be reflected in a heavy sentence on the
accused (see paras 9–10, 12–13).
32. (2)The 30 month imprisonment on the accused did not
reflect this heinous and horrid crime.The sentence was
too lenient, light, and could be regarded as an insult to
justice. On principle, the sentence was worng and this
court should exercise its powers of revision against it (see
para 15).
(3)The High Court had imposed a sentence of seven years
imprisonment and five strokes of rotan.This sentence
should start after the accused had gone through detention
under the detention order of the Minister of Internal
Security.6 MLJ 465 at 467
After completing his sentence the accused should refer to
the Malaysian Immigration Department to manage his
exile out of Malaysia (see para 22).
33.
34. S 38 CJA
“…every proceeding in the Court of Appeal
shall be heard and disposed of by three
Judges or such greater uneven number of
Judges as the President may in any particular
case determine.”
35. S 41 CJA
“Proceedings shall be decided in accordance
with the opinion of the majority of the Judges
composing the Court.”
36. S 67(1) CJA
“The Court of Appeal shall have jurisdiction to
hear and determine appeals from any
judgment or order of any HighCourt in any
civil cause or matter, whether made in the
exercise of its original or of its appellate
jurisdiction…”
However…
37. S 68(1) CJA: No appeal shall be brought to the Court
of Appeal in any of the following cases:
(a) when the amount or value of the subject-matter of the
claim (exclusive of interest) is less than two hundred and
fifty thousand ringgit*, except with the leave of the Court
of Appeal
(b) where the judgment or order is made by consent of
parties;
(c) where the judgment or order relates to costs only
which by law are left to the discretion of the Court, except
with the leave of the Court of Appeal; and
(d) where, by any written law for the time being in force,
the judgment or order of the High Court, is expressly
declared to be final.
38.
39. S 74(1) CJA
“…every proceeding in the FederalCourt shall
be heard and disposed of by three Judges or
such greater uneven number of Judges as
the Chief Justice may in any particular case
determine.”
40. S 75(1) CJA
“The Court shall sit on such dates and at such
places as the Chief Justice may from time to
time appoint:
Provided that the Chief Justice may, when he
deems it expedient, direct that any appeal be
heard at any time and in any place in
Malaysia.”
41. S 96 CJA
“…in respect of appeals from the Court of
Appeal, an appeal shall lie from the Court of
Appeal to the FederalCourt with the leave of
the Federal Court…”
42. S 97(3) CJA
“…an application for leave to appeal to the
Federal Court may be heard by a Judge of the
Court, and any direction or order that could
be given or made by theCourt on such
application may be given or made by such
Judge.”
43.
44. Pursuant to the Child Act 2001
Formerly “Juvenile Court” – now abolished.
Deals with criminal offences created by a
child.
45. S 82 Penal Code
“Nothing is an offence which is done by a child
under ten years of age.”
S 83 Penal Code
“Nothing is an offence which is done by a child
above ten years of age and under twelve, who
has not attained sufficient maturity of
understanding to judge of the nature and
consequence of his conduct on that occasion.”
46. S 113 EvidenceAct
“It shall be an irrebuttable presumption of
law that a boy under the age of thirteen years
is incapable of committing rape”.
47. “Child” : a person under the age of eighteen
years. (S 2 Child Act)
Offence committed by a child will be tried in
the Court for Children.
A Court for Children shall have jurisdiction to
try all offences except offences punishable
with death. (S 11(5) Child Act)
48.
49.
50.
51. Child committed murder.
He was convicted and ordered to be detained
during the pleasure of theYang di-Pertuan
Agong pursuant to s. 97(2) of the Child Act 2001.
He appealed to the Court of Appeal.
The Court of Appeal upheld the conviction but
set aside the sentence imposed on him and
released him from custody on the sole ground
that s. 97(2) of the Child Act was
unconstitutional.
52. By s. 97(2) of the Child Act, Parliament had
consigned the power to determine the
measure of the sentence that was to be
served to theYang di-PertuanAgong.
s. 97(2) of the Child Act contravenes the
doctrine of separation of powers housed in
the Constitution by consigning to the
Executive the judicial power to determine the
measure of the sentence to be served by the
appellant.
53. Federal Court:
Not unconstitutional.
S 97(2) empowers the court to make an
alternative order in a different form.
It is still the court that makes the order
consequential to its conviction order.
54. S 12
(1) a Court for Children shall, if practicable, sit—
(a) either in a different building or room from that in which
sittings of Courts other than Courts for Children are held;
or
(b) on different days from those on which sittings of those
other Courts are held.
(2) if a Court for Children sits in the same building as
other Courts, the Court for Children shall have a
different entrance and exit from those of the other
Courts to enable children to be brought to and from
the Court for Children with privacy.
55. (3) no person shall be present at any sitting of
a Court for Children except—
(a) members and officers of the Court;
(b) the children who are parties to the case before
the Court, their parents, guardians, advocates
and witnesses, and other persons directly
concerned in that case; and
(c) such other responsible persons as may be
determined by the Court.
56. S 15
shall not reveal the name, address or
educational institution, or include any
particulars calculated to lead to the
identification of any child so concerned.
Picture shall not be published in any
newspaper or magazine or transmitted
through any electronic medium.
57.
58. Established under the Consumer Protection
Act 1999
The Primary ObjectiveOf EstablishingThe
Tribunal IsTo Provide An Alternative Forum
For ConsumersTo File Claims In A Simple,
InexpensiveAnd Speedy Manner.
S 2 ‘consumer’: a person who acquires or
uses goods or services…for personal,
domestic or household purposes…
59. Consists of the following members who shall
be appointed by the Minister:
Chairman, Deputy Chairman from among
members of the Judicial and Legal Service
Not less than 5 members of the Judicial and
Legal Service
Shall hold office for a term not exceeding 3
years- shall be reappointed but not more
than 3 consecutive terms
60. The court shall be presided by any of the
following persons sitting alone:
Chairman of theTribunal
Deputy Chairman
Any member of theTribunal selected by the
Chairman
61. S 98 & 99
Amount of claim does not exceed RM 25 000
Cause of action accrues within 3 years of the
claim
Claim must not involve, among others:
Recovery of land or interest in land
Will & goodwill
Intellectual property
Personal injury or death
62. A consumer may lodge a claim in the prescribed
form
Pay the prescribed fee for filing the form
The Secretary to theTribunal shall give notice of
the date and place of hearing
Tribunal may assists the parties to negotiate an
agreed settlement
Where the parties reach an agreed settlement,
theTribunal shall approve and record the
settlement
If no settlement, theTribunal shall proceed to
determine the dispute
63. Every party shall be entitled to attend and be
heard
No advocate and solicitor
Open to the public
After both sides have presented their case,
theTribunal shall make its award without
delay (within 60 days from the first day of
hearing).
Decision is final.
64.
65. Established under the Industrial RelationsAct
1967
Jurisdiction on matters relating to trade
disputes and dismissal of a workman.
“trade dispute”: any dispute between
employer and workmen which is connected
with employment or the terms of
employment or the conditions of work of any
such workmen.
66. Headed by a President appointed byYDPA
And a panel of persons appointed by the
Minister (of Human Resources).
67. A workman who has been dismissed must make
a representation in writing to the Director
General of Industrial Relations to be reinstated
to his former employment within 60 days of his
dismissal.The Director General of Industrial
Relations will try to resolve the matter through
conciliation between the parties. If conciliation
fails , the Director General of Industrial Relations
will refer the matter to the Minister, who may, if
he thinks fit, refer the matter to the Industrial
Court for a decisionee
68. For dismissal cases, the case is heard by the
President or Chairman sitting alone. For trade
disputes, the case is heard by a panel
comprising of the President / Chairman, an
employer’s representive and an employee’s
representative.
69. Decision is known as an award.
May consider non-legal matters in
pronouncing the award.
Award is final and conclusive
70.
71. Was set up in 1993.
Before this amendment was made, no
proceeding can be brought in any court
against the Yang di-Pertuan Agong or the
Ruler of a State in his personal capacity.
Rulers were immune.
72.
73. A183 FC
No action, civil or criminal, shall be instituted
against theYDPA or the Ruler of a State in
respect of anything done or omitted to be
done by him in his personal capacity