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This document summarizes key procedures and considerations regarding the sale of land charged under a land office title in Malaysia. It outlines the process the chargee must take to apply for an order of sale from the Land Administrator, including an inquiry where only the chargor and chargee can attend. It also discusses differences compared to foreclosure on a registry title, the Land Administrator's limited powers, and rights of the chargor and chargee throughout the process.
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Norla, an old and illiterate woman, executed a deed of gift giving her landed property to her nephew Hashim. Before doing so, she received independent legal advice from Khalid, though Khalid was unaware the gift constituted Norla's whole property. Hashim had lived with and cared for Norla for years, collecting rents and managing repairs. Norla is now suing to claim the deed is voidable due to undue influence. To succeed, she must prove Hashim was in a dominant position over her and used this to obtain an unfair advantage through the gift. It is unclear if she will be able to do so given she received independent advice, though the full scope of the gift was unknown.
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Land Law 1 DISPOSAL OTHERWISE THAN BY ALIENATION
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2. A TOL confers non-proprietary rights and possession to the licensee but cannot be assigned, transferred, or inherited. It expires upon the death of the licensee.
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This document summarizes key procedures and considerations regarding the sale of land charged under a land office title in Malaysia. It outlines the process the chargee must take to apply for an order of sale from the Land Administrator, including an inquiry where only the chargor and chargee can attend. It also discusses differences compared to foreclosure on a registry title, the Land Administrator's limited powers, and rights of the chargor and chargee throughout the process.
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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.
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Anton Piller order
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Promissory Estoppel
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This document discusses security dealings recognized under the National Land Code 1965 (NLC), specifically charges or Torrens charges. It defines a charge as a security transaction where a registered landowner uses their land as collateral for a loan. If the borrower defaults, the lender can foreclose and sell the land. Key requirements for creating a valid charge include using the prescribed statutory form and registering the charge at the relevant land office. The document outlines differences between charges and common law mortgages, what types of land can be charged, restrictions on charging, and requirements like amending statutory forms in annexures.
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Undue influence assignment
Norla, an old and illiterate woman, executed a deed of gift giving her landed property to her nephew Hashim. Before doing so, she received independent legal advice from Khalid, though Khalid was unaware the gift constituted Norla's whole property. Hashim had lived with and cared for Norla for years, collecting rents and managing repairs. Norla is now suing to claim the deed is voidable due to undue influence. To succeed, she must prove Hashim was in a dominant position over her and used this to obtain an unfair advantage through the gift. It is unclear if she will be able to do so given she received independent advice, though the full scope of the gift was unknown.
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This document discusses Land Administrator's Right of Way (LAROW) in Malaysia. It defines LAROW as a right of way created by the Land Administrator over alienated land to provide access between any land and a public terminal, with or without the proprietor's concurrence. LAROW is a type of imposed right that runs with the land and binds successor titles. The document outlines the process for creating public and private LAROW, including applying to the Land Administrator, surveys, compensation, and conditions for extinguishing a LAROW. It also summarizes several court cases related to determining when a LAROW is considered "expedient" over alternative access routes.
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1. The State Authority can reserve state land for public purposes or issue temporary occupation licenses (TOL) and permits for extraction of rock material on state land.
2. A TOL confers non-proprietary rights and possession to the licensee but cannot be assigned, transferred, or inherited. It expires upon the death of the licensee.
3. The land authority can terminate a TOL for breach of conditions and the licensee has no right to compensation for improvements made to the land upon termination. All structures revert to the state without compensation.
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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!
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2. It established a common system for solemnizing and registering all marriages.
3. It provided uniformity in marriage and divorce laws for Chinese and Hindus, avoiding conflicts over which laws to apply.
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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.
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1. The purposive approach considers the intention of Parliament and what they meant to achieve with the legislation, going beyond the literal meaning of the words.
2. This approach is more flexible than the literal or golden rules but allows judges to potentially add or remove words not included in the act.
3. Critics argue it allows unelected judges to usurp the legislative function and make law rather than interpreting the words Parliament used. However, supporters counter that it can prevent absurd outcomes and allow statutes to apply to new situations not foreseen at enactment.
4. Overall the document analyzes the
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Pictures to test yourself on case-law and recap questions too. Your welcome to email me your answers with reference to powerpoint title to be marked.
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parol evidence rule and collateral contract
This document discusses the parol evidence rule in contract law in Malaysia. It provides definitions of key concepts like contracts and the parol evidence rule. The main points are:
1) Sections 91 and 92 of Malaysia's Evidence Act 1950 govern the parol evidence rule - oral evidence cannot contradict a written contract except in specific exceptions.
2) There have been different interpretations by courts on when oral evidence can be admitted, with some cases taking a stricter view to protect the written terms.
3) Collateral contracts, being separate oral promises existing alongside the written contract, are one way oral evidence can be admitted without violating the parol evidence rule.
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The document discusses key concepts relating to the alienation and disposal of state land in Malaysia. It explains the different types of titles that can be granted for state land (registry title, land office title, qualified title), the conditions and restrictions that can be imposed on disposed state land, and when alienation of state land becomes legally effective (upon registration of title, not just approval of disposal). Key methods of state land disposal include alienation, which can be for a term of years or in perpetuity, and involves payment of rent and/or premium as consideration.
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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.
MALAYSIAN LEGAL SYSTEM Sources of law – subsidiary legislation
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Conditions and restrictions in interest
The document discusses land use categories and conditions that may be imposed when land is alienated by the State Authority (SA). It outlines how the SA can endorse categories of agricultural, building, or industry land use. The SA can also impose limitations on transferring, mortgaging, or leasing the land without SA permission. The document then examines options for varying the land use category or conditions and the process for determining a breach of conditions that could result in land forfeiture.
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The document discusses the rights of arrested persons under Article 5 of the Malaysian Constitution.
It describes the 3 rights under Article 5(3): 1) the right to be informed of the grounds of arrest, 2) the right to consult a lawyer, and 3) the right to be defended by a lawyer of one's choice. It also discusses the right under Article 5(4) to be produced before a magistrate within 24 hours.
Several court cases are discussed that relate to defining and enforcing these rights. For example, in Abdul Rahman v Tan Jo Koh the court held that a person must be given a reason for their arrest within a reasonable time. In Ramli bin Salleh the right to counsel was
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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!
CONTOH MOOTING OLEH PELAJAR TAHUN AKHIR DI UUM
Appeal on criminal case which is a rape case. we are acting on behalf of appellant (accused). This case was based on real situation in the case of Azahan bin Aminallah v PP.
Malaysian Legal System - Past years attempt 3
The Law Reform (Marriage & Divorce) Act 1976 diminished the relevance of Chinese and Hindu customary laws on marriage and divorce in Malaysia in three key ways:
1. It abolished polygamous marriage among Chinese people by introducing monogamy for Hindu and Chinese communities.
2. It established a common system for solemnizing and registering all marriages.
3. It provided uniformity in marriage and divorce laws for Chinese and Hindus, avoiding conflicts over which laws to apply.
Bail under CPC Malaysia (2017/2018)
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!
Article 10 freedom of speech
This document discusses freedom of speech and expression under Malaysian law. It begins by outlining the relevant constitutional provisions protecting freedom of speech, then discusses limitations on this right that are permitted by law, such as restrictions relating to security, public order, morality and contempt of court. Several laws that place restrictions on speech are examined in detail, including the Printing Presses and Publications Act 1984 and the Sedition Act 1948. Key cases interpreting and applying these laws are also summarized. The document concludes by restating the definition of "seditious tendency" under the Sedition Act.
Registrar's caveat
The document discusses the key features and concepts of a Registrar's Caveat (RC) under Malaysian law. It explains that an RC is entered by the Registrar to protect land from fraudulent or improper dealings. The Registrar has discretion to enter an RC when necessary to prevent fraud, protect government interests, or rectify errors. An RC prevents dealings on the land but does not affect prior registered interests. The document outlines the procedures for entering, duration of, and removing an RC through the Registrar or courts.
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3. Critics argue it allows unelected judges to usurp the legislative function and make law rather than interpreting the words Parliament used. However, supporters counter that it can prevent absurd outcomes and allow statutes to apply to new situations not foreseen at enactment.
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Land Law II notes - For Revision Purposes Only
This document summarizes 11 land law cases related to jual janji (conditional sale) transactions and lien cases in Malaysia. It provides brief summaries of the facts and outcomes of each case. The cases cover topics such as whether a transaction constituted a jual janji or outright sale, the right to redeem land after the agreed repayment period has expired, and priority of claims when charges or liens on land are involved.
Constitution of the State of Selangor 1959
Disclaimer: for educational purposes only.
Article 53(4) of the Constitution of the State of Selangor:
"In appointing a Menteri Besar, His Highness may in His discretion DISPENSE with any provision in this Constitution restricting His choice of Menteri Besar, if in His opinion it is necessary to do so in order to comply with the provisions of this Article."
Writ of Summons - For Revision Purposes Only
Writ of Summons as per syllabus of LAW 547 - Advanced Civil Procedure I
Faculty of Law, Universiti Teknologi MARA, MALAYSIA
Modes of Originating Process - For Revision Purposes Only
This document summarizes the different modes of originating process in the Malaysian High Court under the Rules of Court 2012, including writs of summons and originating summonses. It outlines when each process is appropriate based on whether substantial disputes of fact are likely to arise. It also discusses cases that demonstrate when certain claims must be commenced by writ, can be determined summarily by originating summons, or are inappropriate for a given mode of process. The document concludes by examining the effects of using the wrong originating process and circumstances where proceedings will continue instead of being set aside.
Fatal Claims - For Revision Purposes Only
one of the chapters in LAW 549 - Remedies (Torts)
Faculty of Law, Universiti Teknologi MARA, MALAYSIA
Cases for Easement
The document summarizes several cases related to easements in Malaysian land law. In the first case, Alfred Templeton & Ors v Low Yat Holdings Sdn Bhd & Anor, the court granted equitable relief to the plaintiff and ordered an easement be registered based on promises made by the defendant during a land sale that led the plaintiff to believe they would have right of way access. In Datin Siti Hajar v Murugasu, the court ruled that long use of a road across the plaintiff's land did not constitute an easement since it was not expressly granted. And in EW Talalla v Ng Yee Fong & Anor and Tan Wee Choon v Ong Peck
Cases for Indefeasibility of Title
The Federal Court overturned its previous decision in Adorna Properties and held that a party who acquires a registered interest in land via a forged instrument does not obtain immediate indefeasible title. The Court found its previous interpretation of Section 340 of the National Land Code to be erroneous and contrary to the provision's intent. It held that the proviso protecting good faith purchasers for value under Section 340(3) does not apply to Section 340(2), so the defendant bank did not gain immediate indefeasibility when it acquired two charges on the land through a forged power of attorney.
Civil Family Law - Promise to Marry (Betrothal)
This document discusses the law around betrothal or a promise to marry in Malaysia. It defines betrothal as an agreement to marry between two parties. For a betrothal contract to be valid, there must be an offer and acceptance, consideration in the form of consent to marry, and the parties must have the capacity to marry. The document outlines the requirements for capacity including that the parties must be single, of age, not within a prohibited degree of relationship, and of religions that do not prevent marriage. It discusses exceptions and cases related to these requirements. The document also examines what constitutes a breach of contract if the betrothal is valid and potential defenses a defendant could raise. Finally, it lists the available remedies if
Occupiers' Liability - For Revision Purpose Only
one of the chapters in LAW 498 - Law of Torts II
prepared by:
Azrin Hafiz
Bachelor of Legal Studies (Hons) student
Faculty of Law
Universiti Teknology MARA (MARA Universiti of Technology), Malaysia
Kelantan Islamic Family Law Enactment 2002
Disclaimer:
For the examination purposes only.
For the syllabus of LAW 605 - Family Law I (Islamic) in Faculty of Law, Universiti Teknologi MARA, Malaysia
Case summary
Dato’ Seri Ir Hj Nizar bin Jamaluddin v Dato’ Seri Dr Zambry bin Abdul Kadir
(Attorney General, Interverner) [2010] 2 MLJ 285 - as fulfill the assessment of LAW 487 - Constitutional Law II at Faculty of Law, Universiti Teknologi MARA, Malaysia
Islamic Family Law - Betrothal
The document discusses betrothal or engagement in Islamic family law. It begins by establishing that betrothal is permitted in Islam based on Quranic verses and hadith. It then outlines the customary Malay betrothal ceremony and notes that customary practices are permitted if not against sharia. While a betrothal agreement is a moral promise, it creates certain obligations and liabilities if breached without valid reason. Specifically, the party in breach may be required to return gifts or expenses related to the planned marriage under Islamic law and Malaysia's Islamic Family Law Act. The document concludes by summarizing two court cases related to financial liabilities for breached betrothal agreements.
Introduction to islamic family law
This document discusses Islamic family law in Malaysia. It begins by explaining that Islamic family matters in Malaysia are governed by Islamic family law as stated in the constitution. It then outlines the main sources of Islamic law - the Quran, hadith, ijma, and qiyas. The document also discusses the two main groups in Islam (Sunni and Shia), the four Sunni schools of thought practiced in Malaysia, and reasons for differences in rulings between schools.
Suggested answer: Certiorari and Mandamus
disclaimer:
this is reference for students of Administrative Law (LAW506) in Universiti Teknologi MARA, Malaysia. It's compiled by Azrin Hafiz
Constitutional Supremacy - For Academic Purposes Only
based on syllabus of Constitutional Law I (LAW437)
Faculty of Law
Universiti Teknologi MARA, Malaysia.
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purposive approach
- 1. Statutory Interpretation: Purposive Approach NMA/LWB01B/2010-1011
- 2. Definition: The approach that requires judges to seek, and promote, the purpose underlying the legislation. NMA/LWB01B/2010-1011
- 3. Background: • Too general or too complex • Indeterminate wordings • Imprecision wordings NMA/LWB01B/2010-1011
- 4. Authority: Section 17A of Interpretation Act 1948 & 1967: In the interpretation of a provision of an Act, a construction that would promote the purpose or object underlying the Act (whether that purpose or object is expressly stated in the Act or not) shall be preferred to a construction that would not promote that purpose or object. NMA/LWB01B/2010-1011
- 5. Case 1: United Hokkien Cemetries, Penang v Majlis Perbandaran, P Pinang [1979] 2 MLJ 121 NMA/LWB01B/2010-1011
- 6. Issue: Whether a columbarium, a place where urns of cremated ashes of the deceased is kept, could be such building? NMA/LWB01B/2010-1011
- 7. Held: Per Chang Min Tat FJ: I see no reason therefore why the same interpretation should not be extended to a columbarium and the repose of the ashes of the departed kept in their honour and in memory of them should not be regarded as a religious worship. NMA/LWB01B/2010-1011
- 8. Case 2: DYTM Tengku Idris Shah ibni Sultan Salahuddin Abdul Aziz Shah v Dikim Holdings Sdn Bhd & Anor [2002] 2 MLJ 11 NMA/LWB01B/2010-1011
- 9. Fact: Writ of summons & statement of claim Defence & counterclaim NMA/LWB01B/2010-1011
- 10. Issue: Whether the plaintiff was Ruler for purpose of Article 181, 182 and 183 of Federal Constitution? NMA/LWB01B/2010-1011
- 11. Held: Per Haidar FCJ: it is clear that only the Rulers and not the persons exercising the functions of the Rulers have the exclusive recourse to the special court. NMA/LWB01B/2010-1011