Raja Abdul Malik Muzaffar Shah v SU Suruhanjaya Pasukan Polis

The document summarizes key aspects of land acquisition procedures under the Malaysian Land Acquisition Act 1960. It discusses: 1) The three stages of land acquisition - pre-acquisition, acquisition, and post-acquisition. This includes the various forms used to notify landowners and conduct inquiries. 2) Case law that has established the government has sole discretion to determine what constitutes a "public purpose" for acquisition. 3) Amendments to the Act in 1991 that expanded the purposes for which land could be acquired to include economic development and public benefit. 4) Procedures that must be followed, such as publishing notices and consulting planning authorities, as well as exceptions where failure to follow certain steps

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Nelfi Amiera Mizan

Malay customary law or adat law is a combination of Malay customs and Islamic law that governs behavior and social etiquette in Malay society. There are two main categories of Malay customary law: Adat Perpatih which follows a matrilineal system where ancestral land is inherited by daughters, and Adat Temenggung which follows a patrilineal system where sons inherit twice as much as daughters according to Islamic law. The application of adat law can be seen in matters of inheritance as well as distribution of matrimonial property during and after divorce. Courts have recognized customary law for Malays and applied it in cases regarding ancestral land rights and division of jointly acquired property.

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Discharge of Contract By Breach

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.

Lien and lien holder's caveat

The document discusses liens and lien holder's caveats under Malaysian land law. It provides definitions and discusses key cases that have helped define: - What constitutes a valid lien under section 281 of the National Land Code, including whether the loan can be to a third party rather than just the registered proprietor. - The effect of a lien holder's caveat, including that it has a similar prohibitive effect as a private caveat in preventing subsequent dealings on the land. - Issues around who can create and enter a lien holder's caveat, as well as the requirements and procedures around creating and removing caveats. Cases have found equitable rights can still exist even if statutory requirements are not fully met.

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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.

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.

TORT LAW - STRICT LIABILITY

A company Z Ltd was operating a factory to manufacture explosives on land owned by X & Y. Z Ltd was doing so as a licensee to fulfill a contract X & Y entered into with another party. A big explosion occurred at the factory, damaging neighbouring property and killing many people. The court held both Z Ltd and X & Y liable. Z Ltd was liable as the licensee that had accumulated the dangerous explosives. X & Y were also liable as the occupiers and landowners, as the accumulation of the explosives by Z Ltd was in discharge of X and Y's contractual duty to another party.

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This document discusses the extent of ownership and enjoyment of land under Malaysian law. It addresses ownership rights below the surface as well as the right to support of land. The owner has exclusive use and enjoyment of the land below the surface as is reasonably necessary. Trespassing below another's surface, such as by mining or inserting anchors, is actionable. However, ownership rights below a specified depth belong to the state. A landowner also has the right to support of his land from adjacent land in its natural state. The owner of adjacent land cannot withdraw natural support. This right does not extend to land that has been excavated or weakened. Some jurisdictions like Singapore interpret this right of support to also apply to buildings

LAND LAW 1 slides rights and powers of the state authority 2014

The document discusses land ownership laws in Malaysia. It explains that all land belongs to the state authority, which has sole power to dispose of and alienate land. Unregistered long possession of land does not confer ownership rights, as adverse possession is not recognized against the state or private landowners under the National Land Code. Squatters have no legal rights or cause of action regardless of duration of occupation.

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.

MALAYSIAN LEGAL SYSTEM Sources of law english law

This document discusses the sources of law in Malaysia, specifically addressing the Civil Law Act 1956. It contains the following key points: 1. The Civil Law Act 1956 adopted the common law of England and rules of equity as they existed on specific cutoff dates for each state - April 7, 1956 for Peninsular Malaysia, December 1, 1951 for Sabah, and December 12, 1949 for Sarawak. 2. The Act allows Malaysian courts to apply English common law and equity to fill gaps in Malaysian law, subject to the proviso that they must be applied only as local circumstances permit. 3. Subsequent developments in English law after the cutoff dates are not binding on Malaysian courts but may be persuasive if

MALAYSIAN LEGAL SYSTEM Sources of law customary law

This document discusses customary law in Malaysia. It begins by defining customary law and its sources and characteristics. It then examines different types of customary law recognized in Malaysia, including Malay adat, Chinese customary law, Hindu law, and native law. It provides examples of customary practices and cases that illustrate how the courts have applied different customary laws. These include matters of marriage, divorce, inheritance, and property rights. The document also discusses the constitutional protection of customary law and its interaction with legislation like the Law Reform (Marriage and Divorce) Act 1976.

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LAND LAW 1 Forfeiture 2014

This document summarizes procedures and conditions for forfeiture of land under the National Land Code of Malaysia. It outlines that land can be forfeited due to non-payment of rent or breach of conditions. The procedures for forfeiture due to non-payment include serving notices, making an order for forfeiture if payment is not made, and publishing a notification. Land can also be forfeited for breach of express or implied conditions, such as failure to develop the land. The registered proprietor may be fined or instructed to remedy the breach before forfeiture is enforced. Forfeited land reverts to the State Authority free of titles and interests. Appeals against forfeiture orders can be made to the High Court within 3 months.

Q1 tutorial family 2

Muhamad Ishak

This document discusses whether breach of promise to marry should remain a cause of action in Malaysian courts. It begins by explaining that in England, the Law Reform (Miscellaneous Provisions) Act 1970 abolished this cause of action, but notes that Malaysian law is not bound by English legislation due to cut-off dates under Section 3 of the Civil Law Act. The document then provides arguments for why breach of promise to marry remains a valid cause of action in Malaysia, such as to uphold the integrity of promises made and award exemplary damages for distress caused by breaches. Case examples are discussed throughout to support keeping this as a cause of action.

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.

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.

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MALAYSIAN LEGAL SYSTEM Sources of law -- customary law

The document discusses customary law in Malaysia, including Malay customary law, Chinese customary law, Hindu customary law, and the customary laws of the indigenous peoples. It provides details on various types of Malay customary laws such as Adat Perpatih and Adat Temenggong. It also discusses cases that have recognized these customary laws and addressed issues related to marriage, divorce, inheritance, and land ownership according to different ethnic customary legal traditions in Malaysia.

Perbandingan kaedah peguam syarie

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Land law 1 alienation 2014

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.

LAND LAW 1 slides THE NATIONAL LAND CODE Revised 2014

The National Land Code 1965 (NLC) is the main legislation governing land administration in Peninsular Malaysia, excluding Sabah and Sarawak. Key features of the NLC include vesting all land ownership in the state authority, establishing a system of land titling based on indefeasible and conclusive registration, and reversion of alienated land back to the state under certain circumstances. The NLC also implements a caveat system and prohibits adverse possession or acquisition of land without proper alienation and registration. While the NLC does not explicitly provide for equitable principles, general equity can apply to the extent not inconsistent with the NLC.

FAMILY LAW - PROMISE TO MARRY

This document outlines the key elements of a valid contract to marry under Malaysian law, including definitions, requirements, breach and consequences. It discusses the requirements of offer, acceptance, consideration and capacity. Capacity requires that parties be single and of age. Breach can occur through failure to marry within a reasonable time or through anticipatory breach. Defences include misrepresentation, lack of a duty of full disclosure, and proof of moral/physical infirmity. Consequences of breach include general and special damages awards.

LAND LAW 1 Definition of Land REVISED 2014

This document discusses the legal definition of land and the law of fixtures in Malaysia. It begins by defining land under the National Land Code to include things attached to or permanently fastened to the earth. It then examines the English common law test for determining whether an item is a fixture or chattel based on the degree and purpose of annexation, as established in Holland v. Hodgson. This test was applied in Malaysia through the case of Goh Chong Hin v. Consolidated Malay Rubber. The document also discusses exceptions to the law of fixtures such as tenants' fixtures and the effect of retention of title clauses.

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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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.

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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.

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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.

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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.

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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.

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CONTRACTS ACT 1950

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

The Legal Profession in Malaysia

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

AN INTRODUCTION TO ISLAMIC LAW OF PROPERTY IN MALAYSIA

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

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

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