PP v Pung Chen Choon

Breach of contract occurs when a party fails to perform their obligations under the contract. There are two types of breaches: refusal to perform and disability to perform. If a party breaches the contract, the innocent party can terminate the contract or continue with it and claim damages. If the contract is terminated, both parties must restore any benefits received from the other party under the contract. The innocent party also has the right to compensation for damages from the breaching party.

Pathmanaban Nalliannen v PP & Other Appeals

Studious Season

This document provides a summary of a Federal Court of Malaysia case involving four individuals who were convicted of murder. The key points are: 1) Circumstantial evidence showed that four victims met their deaths at the defendant's farm, including evidence that led to the discovery of human remains and personal items. 2) The trial court convicted all four defendants, but the Court of Appeal rejected some evidence. The Federal Court then analyzed various evidence and testimony in detail. 3) The Federal Court ultimately dismissed the appeals of three defendants, but allowed the appeal of the third defendant. It found some evidence to be admissible and upheld the credibility of a key witness, while also identifying errors made by the lower courts.

Article 5 rights under article 5 (3) (4)

This document summarizes the rights of an arrested person under Article 5(3) and (4) of the Malaysian constitution. It discusses the three main rights: 1) the right to be informed of the grounds for arrest, 2) the right to consult a legal practitioner, and 3) the right to be defended by a legal practitioner of one's choice. It examines Malaysian case law that has interpreted and established limitations on these rights, such as allowing a reasonable delay before access to a lawyer to avoid interfering with police investigations. The document also discusses exceptions to these rights for enemy aliens under certain security laws.

Family law - Customary and statutory adoption (Malaysia)

This document summarizes adoption laws in Malaysia, including both customary and statutory adoption. It discusses the requirements and processes for customary adoption registration under the Registration of Adoptions Act 1952 for Peninsular Malaysia. It also outlines the key aspects of statutory adoption under the Adoption Act 1952 for Peninsular Malaysia, including who can adopt and be adopted, the court's power to issue adoption orders, requirements for applicants and children, and exceptions to the rules. Key cases related to adoption are also briefly summarized.

Article 121(1A) of federal constitution

mirey

This document discusses and compares the concepts of constitutional supremacy versus parliamentary supremacy. It provides details on the key implications of constitutional supremacy in Malaysia, which include: 1) The Constitution being the highest law of the land that takes precedence over ordinary laws and limits the powers of Parliament. 2) The federal structure of Malaysia which divides powers between the federal and state governments. 3) The ability of courts to conduct judicial review and invalidate laws and acts that are inconsistent with the Constitution. 4) The entrenchment of fundamental rights and liberties in the Constitution that even Parliament cannot encroach on.

Art 7 st

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.

Case summary

Azrin Hafiz

CONTOH MOOTING OLEH PELAJAR TAHUN AKHIR DI UUM

Art 149

Makalthum Ishak

This document summarizes a discussion on constitutional law and human rights in Malaysia. It discusses how certain fundamental rights like the right to be informed of arrest grounds and the right to be produced before a magistrate have sometimes been denied to detainees due to legal provisions that override these rights or imperfect law implementation. It then explains the powers granted under Article 149 of the Malaysian constitution to pass laws that can limit fundamental rights in order to combat threats like subversion, even without a state of emergency. Key cases related to judicial review of such laws and the Internal Security Act are analyzed.

PP v Ooi Kee Saik

Article 7 prohibition of retrospective criminal law

Article 7 of the document prohibits retrospective criminal laws in two parts. First, it prohibits punishing people for acts that were legal at the time. Second, it prohibits imposing greater punishment than what was prescribed by law at the time of the offense. The document discusses that retrospective changes to substantive criminal law and punishment are not allowed, while retrospective procedural changes are permitted. It analyzes a past court case, Loh Kooi Choon, where a constitutional amendment was found to improperly deprive someone of legal protections retroactively.

Article 5 Federal Constitution Malaysia - Liberty of a peson

Nelfi Amiera Mizan

Article 5 of the Malaysian Federal Constitution provides rights to liberty of the person but contains some defects. It outlines exceptions where a person may be deprived of liberty but these exceptions have been interpreted too narrowly by courts. Compared to international standards like the European Convention on Human Rights, Article 5 does not sufficiently protect personal liberty and is easily overridden by security laws. Reforms are needed to strengthen Article 5's protections, such as amending absolute emergency powers and defining 'law' to incorporate principles of natural justice.

LAW605 Notes (Family Law 1: Islamic) - EXCEPT INTRODUCTION & POLYGAMOUS MARRIAGE

Dania

Conversion

Noorul Adibah Rosli

Conversion involves interfering with another's property rights in a way that is inconsistent with those rights. There are three elements required for conversion: 1) the defendant's conduct must be inconsistent with the rights of the owner or possessor, 2) the conduct must be deliberate, and 3) the conduct must constitute an extensive encroachment on the owner's rights such that they are excluded from use and possession of the goods. Examples of conversion include intentionally taking possession of another's property without justification or abusing possession of lawfully held goods. Mere unintentional or accidental interference is typically not enough to establish conversion.

Legislating Promissory Estoppel IN Malaysia

This document provides an introduction and background to a research paper analyzing the application of promissory estoppel in Malaysia. It discusses how promissory estoppel originated in common law countries and was introduced into Malaysian law. However, its application has been limited due to vague parameters and statutory restrictions. The research aims to compare how promissory estoppel is applied in Australia, U.S., and Malaysia, examine issues with its current use, and propose legislating the doctrine in Malaysia to strengthen its use and promote justice. The methodology will use doctrinal research of case law and statutes from various jurisdictions to achieve the objectives.

The development of malaysia law

Irwan John Imbayan

This document discusses the development of Malaysian law through three Charters of Justice - 1807, 1826, and 1855. The Charter of 1807 introduced English law to Penang as it stood in 1807, subject to local customs. It established the first British court. The 1826 Charter extended this to Malacca and Singapore. The 1855 Charter reorganized existing courts but did not introduce new law. Islamic law was recognized as local law through cases like Ramah v Laton. The 1880 Mohammedan Marriage Ordinance also defined how Islamic law would be applied in civil courts. Edward CJ further affirmed that Islamic law modified by local customs applied to Malays in Selangor, Perak and P

Jual janji

The document discusses Jual Janji, a Malay customary security transaction. It begins by outlining the objectives and introduction. It then explores the origins and literal meaning of Jual Janji, describing it as a contract where a borrower transfers land to a lender in exchange for a loan. The document outlines the characteristics and rationale of Jual Janji transactions. It examines judicial views, including recognizing Jual Janji as a security transaction or applying equitable mortgage principles. The document concludes by discussing Jual Janji in the context of the National Land Code and differing views on its application.

COMPARE AND CONTRAST THE DEFENSE OF DURESS IN MALAYSIA, UK AND SINGAPORE

Nur Hana Roshida Hairudin

The document discusses the position of duress as a defense in criminal law in Malaysia. It analyzes several elements and requirements of duress based on Section 94 of the Malaysian Penal Code and case law precedents. Key points discussed include: the threat must be of instant death; the threat must be directed at the defendant; the physical presence of the coercer is required; and the defense cannot be used if the defendant voluntarily associates with a criminal group. Case examples from Malaysia, Singapore, the UK, and other jurisdictions are also analyzed to compare how courts have interpreted and applied the defense of duress.

Supremacy of the Federal Constitution

Art 5 lp

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.

(1) murder

Criminal law notes - Unsoundness of mind

The document discusses the legal defense of unsoundness of mind in criminal cases under Indian law. Section 84 of the Penal Code and Section 342 of the Criminal Procedure Code establish that a person cannot be found guilty of an offense if they were incapable of understanding their actions due to unsoundness of mind at the time of the act. The McNaughten Rules define legal insanity as a defect of reason from a disease of the mind that causes the person to not know the nature or quality of their acts or that what they were doing was wrong. The document outlines the development of this legal test and various forms of insanity, and summarizes several case laws where courts have accepted or rejected pleas of insanity as a defense

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

What's hot

(3) non fatal offences

Fatal Claims - For Revision Purposes Only

Azrin Hafiz

6 constitutional supremacy v parliamentary (1)

Ainnabila Rosdi

Art 7 st

Case summary

Azrin Hafiz

CONTOH MOOTING OLEH PELAJAR TAHUN AKHIR DI UUM

Art 149

Makalthum Ishak

PP v Ooi Kee Saik

Article 7 prohibition of retrospective criminal law

Article 5 Federal Constitution Malaysia - Liberty of a peson

Nelfi Amiera Mizan

LAW605 Notes (Family Law 1: Islamic) - EXCEPT INTRODUCTION & POLYGAMOUS MARRIAGE

Dania

Conversion

Noorul Adibah Rosli

Legislating Promissory Estoppel IN Malaysia

The development of malaysia law

Irwan John Imbayan

Jual janji

COMPARE AND CONTRAST THE DEFENSE OF DURESS IN MALAYSIA, UK AND SINGAPORE

Nur Hana Roshida Hairudin

Supremacy of the Federal Constitution

Art 5 lp

(1) murder

Criminal law notes - Unsoundness of mind

What's hot (20)

(3) non fatal offences

Fatal Claims - For Revision Purposes Only

6 constitutional supremacy v parliamentary (1)

Art 7 st

Case summary

CONTOH MOOTING OLEH PELAJAR TAHUN AKHIR DI UUM

Art 149

PP v Ooi Kee Saik

Article 7 prohibition of retrospective criminal law

Article 5 Federal Constitution Malaysia - Liberty of a peson

LAW605 Notes (Family Law 1: Islamic) - EXCEPT INTRODUCTION & POLYGAMOUS MARRIAGE

Conversion

Legislating Promissory Estoppel IN Malaysia

The development of malaysia law

Jual janji

COMPARE AND CONTRAST THE DEFENSE OF DURESS IN MALAYSIA, UK AND SINGAPORE

Supremacy of the Federal Constitution

Art 5 lp

(1) murder

Criminal law notes - Unsoundness of mind

More from surrenderyourthrone

BURDEN AND STANDARD OF PROOF

LAW OF EVIDENCE - TUTORIAL QUESTION AND ANSWER

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.

PRINCIPLE OF PRIMA FACIE CASE AND MAXIMUM EVALUATION AT THE CLOSE OF PROSECUT...

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-

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

KEPERLUAN SAKSI DALAM PERMOHONAN PENGESAHAN KES HIBAH DI MAHKAMAH SYARIAH

FUNG KEONG RUBBER MANUFACTURING (M) SDN BHD v LEE ENG KIAT & ORS

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

PEMBUKTIAN MELALUI DOKUMEN DALAM KES-KES PENGESAHAN HIBAH DI MAHKAMAH SYARIAH...