Forgot/Reset Password

 

    CASE(S) OF THE WEEK

  • YONG CHOO QUCK lwn. JOO SHING HARDWARE & ELECTRICAL SDN BHD [2016] 1 SMC 268
    MAHKAMAH SESYEN, MELAKA
    JAMALUDIN MAT HS
    [GUAMAN SIVIL NO: A52NCVC-41-10-2014]
    26 MAC 2015

    PROSEDUR SIVIL: Penghakiman terus - Permohonan untuk - Tuntutan hutang untuk barangan yang dihantar serah - Sama ada terdapat kecacatan dalam afidavit sokongan permohonan - Sama ada kegagalan plaintif untuk mendeposkan bahawa defendan tidak mempunyai pembelaan terhadap tuntutan plaintif boleh dipulihkan - Sama ada kehendak A. 14 k. 2 Kaedah-Kaedah Mahkamah 2012 dipatuhi - Sama ada ketidakaturan telah diperbetulkan melalui afidavit tambahan - Sama ada defendan mempunyai pembelaan bermerit - Sama ada terdapat isu-isu untuk dibicarakan - Sama ada permohonan dibenarkan

    Read more




  • AZMI MOHAMAD AZAM v. DIRECTOR OF JABATAN AGAMA ISLAM SARAWAK & ORS [2016] 6 CLJ 562
    HIGH COURT SABAH & SARAWAK, KUCHING
    YEW JEN KIE J
    [JUDICIAL REVIEW NO: KCH-25-7-12-2014]
    24 MARCH 2016

    ADMINISTRATIVE LAW: Remedies - Mandamus - Applicant left Islam and embraced Christianity - Applicant applied to change name on identity card - Director-General of National Registration Malaysia informed applicant that letter of release from Islam and court order were required - Application for order of mandamus to compel respondents to issue letter of release from religion of Islam - Applicant and respondents entered into consent order agreeing to issue letter of no objection to applicant to come out of Islam - Whether Director-General of National Registration Malaysia had basis to insist on court order to effect amendment in applicant's identity card

    CIVIL PROCEDURE: Jurisdiction - Syariah Court - Applicant left Islam and embraced Christianity and sought to change name on identity card - Director-General of National Registration Malaysia informed applicant that letter of release from Islam and court order were required - Applicant applied for order of mandamus to compel respondents to issue letter of release from religion of Islam - Applicant and respondents entered into consent order agreeing to issue letter of no objection to applicant to come out of Islam - Director-General of National Registration Malaysia still insisted on letter of release from Islam and court order - Whether Syariah Court had jurisdiction to deal with apostasy matters - Whether Syariah Court had jurisdiction to issue certificate of release from Islam

    WORDS & PHRASES: 'Professing' - Item 1 of List II of Ninth Schedule of Federal Constitution - Applicant left Islam and embraced Christianity - Applicant required to produce letter of release from Islam and court order - Jurisdiction of Syariah Court over persons `professing' religion of Islam - Whether applicant could be considered `professing' faith in Islam - Whether Syariah Court had jurisdiction to issue such order

    Read more




  • HAZALI ISMAIL v. PP [2016] 1 LNS 377



    [1] Issue: On the power of Magistrates and Sessions Court judges to expunge exhibits from the evidence in a criminal trial; and whether the learned Sessions Court judge herein could properly expunge from the evidence a police report (D3) lodged by a defence witness in relation to an arrest and release of suspects, after disbelieving the same and finding it not genuine based on testimonies of witnesses.

    Read more




  • ARTICLE HIGHLIGHT

    Temporary layoff: Constructive dismissal if not provided for in the contract

    CANADA
    Employment

    Employer can only impose layoff if specifically agreed upon in contract
    A recent Ontario decision has clarified the law on temporary layoffs and the related impact on employee claims for constructive dismissal. An employer’s temporary layoff of an employee in accordance with the Ontario Employment Standards Act, 2000 with a fixed return to work date, still resulted in a fundamental change in the employment contract, thus, constituting constructive dismissal.

    Read more Judgment




  • More firsts for competition litigation – CAT awards Sainsbury's damages of £68.6m (plus compound interest) against MasterCard

    UK
    Competition

    MasterCard case first in which UK court has given judgment on passing-on ‘defence’
    On 14 July the UK Competition Appeal Tribunal (CAT) issued its judgment in the damages claim brought by Sainsbury's against MasterCard. The CAT found that MasterCard's setting of UK multilateral interchange fees (MIFs) for its payment cards infringed the Article 101 TFEU/Chapter I prohibition on anti-competitive agreements, and awarded damages of £68.6m, plus interest.

    Read more




  • Microsoft wins landmark appeal over seizure of foreign emails

    US
    Technology

    Microsoft wins lawsuit over warrant for customer’s emails in 3-0 decision
    A federal appeals court on Thursday said the U.S. government cannot force Microsoft Corp and other companies to turn over customer emails stored on servers outside the United States. The 3-0 decision by the 2nd U.S. Circuit Court of Appeals in Manhattan is a defeat for the U.S. Department of Justice and a victory for privacy advocates and for technology companies offering cloud computing and other services around the world.

    Read more




  • Supreme Court: director of insolvent Scottish company not liable in damages for worker injury

    UK
    Insolvency

    Sole director of now-insolvent company not liable for injury suffered by ex-employee
    By a majority of three judges to two, the Supreme Court found that the wording of the relevant legislation was not enough to extend civil liability to the director, Peter Gordon, for breach of his company's statutory duty to obtain and maintain effective insurance. The company's employers' liability insurance policy had excluded claims arising from the use of electric woodworking machinery, including the electric circular saw with which apprentice joiner William Campbell had been injured.

    Read more Judgment




LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (28 July 2016)
  • PU(A) 347/2014
    Price Control and Anti-Profiteering (Mechanism to Determine Unreasonably High Profit) (Net Profit Margin) Regulations 2014
  • Latest Revoked (28 July 2016)
  • PU(A) 379/2012
    Pensions Adjustment (Lowest Pension) Order 2012



Events
Events Calendar
Human Resource Training Workshop: Industrial Harmony and Managing Retrenchment
17 August 2016 -18 August 2016 | Eastin Hotel, Petaling Jaya
Events Gallery

Secured By Global Sign