Persatuan Aliran Kesedaran Negara v Minister of Home

[1990] 1 MLJ 351 Case related to constitutional law. Class reference.

Law

Persatuan Aliran Kesedaran Negara v Minister of Home

The document summarizes a case analysis of Thiruvannamali Alagirisami Pillai v. Diners Club (Malaysia) Sdn Bhd from 2006. [1] The plaintiff, a doctor, claimed damages for shock, fear and mental distress after the defendant credit card company sent a letter of condolences to his wife stating that he had died, when in fact he was still alive. [2] The key issue was whether the defendant's actions constituted an 'actionable tort' that could be the basis for a lawsuit. [3] Referring to previous cases, the judge held that the plaintiff's claims did not meet the definition of 'nervous

Case Normala samsudin v Keluarga Communication

Snj SNj

The plaintiff, a famous television personality, sued the publisher of a magazine for defamation over an article mentioning a third person in the plaintiff's marriage and payment to her husband. The court found the words exposed the plaintiff to ridicule and lowered her esteem, awarding RM100,000 in general damages and RM100,000 in aggravated damages. The defendant unsuccessfully argued the plaintiff consented and it apologized, but the court found the apology insufficient. On appeal, the court overturned aggravated damages, finding the article was complimentary and the apology met criteria for withdrawal.

Private caveat

Hafizul Mukhlis

A private caveat is an interim procedure that allows a person claiming a title or registrable interest in land to freeze the land title registration until their claim can be resolved. A private caveat is entered by the Registrar upon application showing the claimant's caveatable interest. It has the effect of prohibiting any dealings with the land, including transfers or mortgages, except with the caveator's consent. To enter a caveat, the claimant must have a potential legal claim to the land, such as under a contract of sale, gift, or trust, that could ultimately result in registration of their interest.

5 exceptions provided under Section 300 of Penal Code

Noorul Adibah Rosli

The document discusses the differences between murder and culpable homicide under Indian law. It examines the exceptions under Section 300 that may reduce a murder charge to culpable homicide not amounting to murder. These exceptions include provocation, exceeding the right of private defense, a public servant exceeding their powers, sudden fight, and consent. The document analyzes several court cases to illustrate how the exceptions have been applied in practice and the criteria courts consider in determining whether an exception applies.

Bail under CPC Malaysia (2017/2018)

Intan Muhammad

The contents are listed in the 1st page of the note :) credit goes to Dr Munzil for the amazing comprehensive notes, I just added / rearranged few parts to ease my understanding. 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 everyday, 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!

Abd.Rahman Talib v Seenivasagam & Anor

Assault under Section 352 of the Malaysian Penal Code

Yasmin Adilah

Abang confronted Bomoh at a coffee shop angrily over a matter involving Abang's sister. Abang lunged threateningly at Bomoh and said he would teach Bomoh a lesson he would never forget. As Abang was about to hit Bomoh, others restrained him. Abang intended to cause Bomoh apprehension of imminent physical force based on his threatening gestures and words. A reasonable person in Bomoh's position would fear immediate force based on Abang's actions. Thus, Abang can likely be found liable under Section 351 of the Penal Code for assault on Bomoh.

FAMILY LAW - MARRIAGE

Insyirah Mohamad Noh

This document discusses marriage laws in Malaysia before and after the enforcement of the Law Reform (Marriage and Divorce) Act 1976 (LRA). Prior to 1982, marriages were solemnized according to various statutes, customs, and religious laws. After LRA enforcement in 1982, all non-Muslim marriages must be registered and monogamous. The LRA standardized solemnization procedures and prohibited certain types of marriages for non-Muslims. Exemptions applied for natives of East Malaysia whose customary marriages remained valid if elected under native law.

This document summarizes a court case between Fraser and Everett regarding a breach of contract for shares in the Bentong Tin Mining Company. Fraser contracted to purchase 100 shares for Everett at $13 per share, with terms of cash on delivery of transfers and scrip expected to be mailed around the end of March. However, the scrips did not arrive until May 15th, which the court found was not a reasonable time given the shares were of a fluctuating nature in the mining industry. Additionally, Everett contracted for scrip but Fraser attempted to deliver bearer warrants instead, which the court ruled Everett could not be compelled to accept. Therefore, the court found for the defendant Everett,

Law of Tort : Psychiatric Illness in Malaysia

Muhd Naufal

This document summarizes the legal history and development of psychiatric injury cases in both common law and Malaysian jurisdictions. It discusses early English cases that established liability for emotional harm without physical injury. It also analyzes the distinction between primary and secondary victims, with primary victims more likely to establish a duty of care for pure psychiatric damage. The document examines key Malaysian cases and the requirements for secondary victims, like witnesses, to prove psychiatric injury claims.

Implied terms

Terms can be implied in a contract in three ways: by custom or trade usage, by law, or by courts. For a term to be implied by custom or trade usage, it must be reasonable, certain, and notorious within the relevant industry. The custom cannot contradict the express terms of the contract. Terms may also be implied by law through common law precedents or statutes that apply to certain types of contracts. Courts use the business efficacy and officious bystander tests to determine if a term should be implied. Under business efficacy, a term will be implied if it is necessary to make the transaction effective. The officious bystander test considers whether the term is so obvious that both parties would

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.

CONTOH MOOTING OLEH PELAJAR TAHUN AKHIR DI UUM

ASMAH CHE WAN

Slide alyamin

Snj SNj

3) lien holder caveat

ilyana iskandar

A lien is a right to retain possession of property belonging to another person as security for payment of a debt. A lien is created in two stages: first, the proprietor or lessee deposits the land title or duplicate lease with a lender as security for a loan, creating an equitable lien. Second, the lender enters a lien-holder's caveat on the land title at the land office, creating a statutory lien. Key requirements for a valid lien are that the registered proprietor deposits the title with intent to secure a loan. While express consent is not needed to lodge a caveat, fraud in the creation of security can be an issue. A lien provides a speedy way for businessmen to raise money compared

Government of Malaysia & Ors v Loh Wai Kong

Hibah in Takaful Industry

Blushing Roswahida

This document provides an overview of hibah in the takaful industry. It begins with a historical background on the development of takaful and discusses key trends in the takaful landscape such as it being a major institutional investor and driver of discretionary portfolios. The document then defines takaful and its principles. It examines different takaful models including general and family takaful and analyzes the growth and regulation of the global takaful industry. Finally, it explores the concept of hibah, its advantages, and issues regarding its implementation in takaful.

Contract Law II Group Assignment Presentation

Tineshvaar

The document summarizes a group assignment presentation on the principle of remoteness of damages in contract law. It discusses key cases like Hadley v Baxendale, Victoria Laundry v Newman Industries Ltd, and Malaysian cases. Section 74 of the Contract Act 1950 adopts the two-limb rule from Hadley v Baxendale. Remoteness limits compensatory damages to losses naturally arising from the breach or contemplated by the parties.

(2) exceptions to section 300

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.

Pemakaian Prinsip Ekuiti dalam Sistem Torrens di Malaysia

Irfan Shafie

Writ of Summons - For Revision Purposes Only

Azrin Hafiz

MALAYSIAN LEGAL SYSTEM Legal history STRAITS SETTLEMENTS PART2

This document discusses the history of Singapore from its time as part of the Malay kingdom of Malacca to its establishment as a British colony in 1819. It notes that Singapore was initially under Portuguese and Dutch rule before coming under permanent British control in 1824 through a treaty with the Sultan of Johor. The document also outlines the legal developments in Singapore and the other Straits Settlements of Penang and Malacca as English law was introduced through various Royal Charters and applied with some modifications to accommodate local customs and religions.

Rohana Bte Ariffin & Anot v USM

PP v Pung Chen Choon

Defence of infancy

Nabihah Aqilah

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.

Karn Woon Lin - Memorandum of Appeal

Nanthini Rajarethinam

This document is a memorandum of appeal filed in the Court of Appeal of Malaysia regarding a civil suit. The appellants are appealing the decision of the High Court judge who dismissed their claim and allowed the respondent's counter-claim. The memorandum sets out 11 grounds of appeal, arguing that the High Court judge made multiple errors in his factual findings and legal analysis. It is argued that the evidence showed the deceased lacked testamentary capacity and the will propounded by the respondent should not have been admitted to probate due to suspicious circumstances surrounding its creation.

Company law meetings

This document discusses different types of company meetings under corporate law. It defines key meeting types like the annual general meeting (AGM), extraordinary general meeting (EGM), class meetings, and meetings called by members or court order. It outlines requirements for convening different meetings, such as who has authority to call them, notice periods, and quorum rules. Exceptions allow one person to constitute a meeting in certain circumstances, like if they are the sole shareholder of a class of shares. The document also provides case examples relating to issues like convening meetings when a quorum cannot be reached.

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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