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CASE(S) OF THE WEEK

ELECTION: Petition - Application to declare election null and void - Allegation of corrupt practice - Corrupt acts committed by campaigner a day before polling day - Whether campaigner an "agent" of candidate - Whether a "polling agent" - Elements of appointment, knowledge and consent - Whether proved - Whether petition to be dismissed - Election Offences Act 1954, ss. 10(a), 11(1)(b) & (c), 14(1)(c) & (d), 14(1A), 32(b) & (c) - Election Petition Rules 1954, rr. 4(1)(b), 4(4)

WORDS & PHRASES: "any agent" - Election Offences Act 1954, s. 32(c) - Meaning and purport - Whether inclusive of "polling agent"


ISNIN HJ ALIASNIH v. LAJIM UKIN
FEDERAL COURT, PUTRAJAYA
ZULKEFLI MAKINUDIN CJ (MALAYA), SURIYADI HALIM OMAR FCJ, AHMAD MAAROP FCJ, MOHAMED APANDI ALI FCJ, RAMLY ALI FCJ
[CIVIL APPEAL NO: 01(F)-1-01-2014 (S)]
30 JUNE 2014




CIVIL PROCEDURE: Appeal - Memorandum of appeal - Locus standi - Whether there was lack of locus - Issue not raised and not stated as ground in memorandum of appeal - Whether issue could be raised during appeal

CIVIL PROCEDURE: Pleadings - Issue not pleaded - Issue of lack of locus standi not pleaded - Lack of locus raised for first time at appeal stage - Whether allowed

LAND LAW: Indefeasibility of title and interests - Fraud or misrepresentation - Strata title for common property registered in developer's name by fraud or misrepresentation - Whether title defeasible - Whether joint management body had locus standi to institute action

LAND LAW: Management property - Common property - Whether disputed area in service apartments common property or private owned by developer - Whether joint management body entitled to re-claim disputed area as common property - Whether strata title for common area registered in developer's name defeasible on grounds of fraud or misrepresentation

LAND LAW: Strata title - Common property - Joint management body - Whether joint management body had locus standi to institute action against developer to reclaim common property - Building and Common Property (Maintenance and Management) Act 2007 ss. 8(1), 8(2)


MALAYSIA LAND PROPERTIES SDN BHD v. WALDORF & WINDSOR JOINT MANAGEMENT BODY
COURT OF APPEAL, PUTRAJAYA
ZAHARAH IBRAHIM JCA, ANANTHAM KASINATHER JCA, MAH WENG KWAI JCA
[CIVIL APPEAL NO: W-02(NCVC)(W)-1150-05-2012]
25 MARCH 2013




INSURANCE: Accident insurance - Construction of policy - Recovery action to claim judgment sum awarded by court under insurance policy - Whether judgment obtained on liability covered in accordance with s. 91(1)(b) Road Transport Act 1987 - Liability - Whether death or bodily injury occurred in the course of using insured vehicle on a road - Scene of accident in private area - Whether a "road" within meaning of s. 2 Road Transport Act 1987

ROAD TRAFFIC: Insurance - Road accident - Claim for injury - Recovery action to claim judgment sum awarded by court under insurance policy - Whether judgment obtained on liability covered in accordance with s. 91(1)(b) Road Transport Act 1987 - Liability - Whether death or bodily injury occurred in the course of using insured vehicle on a road - Scene of accident in private area - Whether a "road" within meaning of s. 2 Road Transport Act 1987


GOPAL NAGAIAH v. AM GENERAL INSURANCE BHD [2014] 1 SMC 213
SESSIONS COURT, TELUK INTAN
ADLI ABD GHALIB SJ
[SUMMONS NO: 52-156-10-2012]
7 FEBRUARY 2014

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