KERAJAAN MALAYSIA v. MAT SHUHAIMI SHAFIEI  3 CLJ 1
FEDERAL COURT, PUTRAJAYA
AHMAD MAAROP CJ (MALAYA); RAMLY ALI FCJ; BALIA YUSOF WAHI FCJ; AZIAH ALI FCJ; PRASAD SANDOSHAM ABRAHAM FCJ
[CIVIL APPEAL NO: 01(f)-6-03-2017(W)]
08 JANUARY 2018
CIVIL PROCEDURE: Abuse of process – What constituted abuse – Approach to abuse of process – Issue already litigated in earlier proceedings against same applicant – Whether proceedings an abuse of process of court
CONSTITUTIONAL LAW: Fundamental liberties – Freedom of speech and expression – Challenge as to constitutionality of s. 3(3) of Sedition Act 1948 – Respondent charged under s. 4(1)(c) – Application for declaration that s. 3(3) violated art. 10(1)(a) of Federal Constitution – Whether charge amounted to unreasonable restriction to freedom of speech and expression – Whether charge rendered unconstitutional – Whether ought to be struck out – Federal Constitution, art. 10(1)(a)
CRIMINAL LAW: Sedition Act 1948 – Section 4(1)(c) – Elements of offence – Whether 'act of publishing a seditious publication' established – Whether publication has seditious tendency under s. 3(1) – Intention of person charged deemed irrelevant under s. 3(3) – Whether offence established
INDIRA GANDHI MUTHO v. PENGARAH JABATAN AGAMA ISLAM PERAK & ORS AND OTHER APPEALS  3 CLJ 145
FEDERAL COURT, PUTRAJAYA
ZULKEFLI AHMAD MAKINUDIN PCA; RICHARD MALANJUM CJ (SABAH & SARAWAK); ZAINUN ALI FCJ ABU SAMAH NORDIN FCJ; RAMLY ALI FCJ
[CIVIL APPEALS NO: 01(f)-17-06-2016 (A), 01(f)-18-06-2016 (A) & 01(f)-19-06-2016 (A)]
29 JANUARY 2018
ADMINISTRATIVE LAW: Judicial review – Legality of decisions of public authorities – Reviewing approach – Conversion to Islam – Conversion of non-Muslim children to Islam – Legality and constitutionality of administrative action taken by Registrar of Muallafs in exercise of statutory powers – Whether High Court had exclusive jurisdiction to exercise supervisory powers – Whether Syariah courts conferred with power to review administrative decisions of authorities – Whether judicial power could be removed from civil courts – Whether jurisdiction of Syariah court must be expressly conferred by state legislation – Whether relief sought in nature of inherent powers of civil court – Whether Syariah court has no jurisdiction over non-Muslims and non-Muslims had no locus before Syariah court – Whether effect of art. 121(1A) of Federal Constitution to oust jurisdiction of civil courts when subject matter relates to Islamic religion – Whether High Court seised with jurisdiction, to exclusion of Syariah court, to hear matter – Courts of Judicature Act 1964, ss. 23, 24 & 25 – Rules of Court 2012, O. 53
CONSTITUTIONAL LAW: Courts – Civil and Syariah courts – Whether distinct in nature and status – Civil court – Whether established under the Federal Constitution and vested with inherent judicial powers – Syariah court – Whether creatures of state legislation – Whether akin to inferior tribunal – Interpretation of art.121(1A) of Federal Constitution – Whether not to be interpreted in isolation – Whether granting exclusive jurisdiction to Syariah court in all matters of Islamic law
JURISDICTION: Syariah court – Conversion to Islam – Conversion of non-Muslim children to Islam – Certificate of conversion – Issues on conversion – Validity – Whether within jurisdiction of Syariah court – Whether within realm of constitutional and administrative law – Whether should jurisdictionally be triable before civil court – Administration of Religion of Islam (Perak) Enactment 2004, s. 50(3)(b) – Proper interpretation – Whether conferring jurisdiction to Syariah Court to determine validity of a person's conversion to Islam – Federal Constitution, arts. 8(2), 12(4)
ISLAMIC LAW: Conversion to Islam – Conversion of non-Muslim children to Islam – Certificate of conversion – Certificate issued by Registrar of Muallafs – Whether valid – Whether ss. 96 & 106 of Administration of the Religion of Islam (Perak) Enactment 2004 has effect of excluding High Court's power to review issuance of certificate of conversion by Registrar of Muallafs – Requirements in ss. 96 & 106 – Whether cumulative – Language of s. 101(2) – Whether purporting to oust judicial review – Whether precluded High Court from reviewing Registrar of Muallafs' decision
ISLAMIC LAW: Registrar of Muallafs – Statutory power – Conversion to Islam – Issuance of certificate of conversion – Exercise of powers thereof – Legal limits to exercise of legal powers thereof – Validity of Certificate of Conversion – Whether ss. 96 & 106 of Administration of the Religion of Islam (Perak) Enactment 2004 has effect of excluding High Court's power to review issuance of certificate of conversion by Registrar of Muallafs – Requirements in ss. 96 & 106 – Whether cumulative – Language of s. 101(2) – Whether purporting to oust judicial review – Whether precluded High Court from reviewing Registrar of Muallafs' decision
FAMILY LAW: Children – Conversion – Conversion of non-Muslim children to Islam – Whether consent of both parents must be sought – Whether both parents ought to have equal rights in upbringing of children – Whether conversion of one spouse to Islam altered antecedent legal position – Consideration of welfare of child – Equality of parental right – Whether certificate of conversion issued without consent of one parent contravened art. 12(4) of Federal Constitution and Guardianship of Infants Act 1961, ss. 5 & 11
Uber rape case: Cab driver Shiv Kumar Yadav found guilty, faces life imprisonment
More than 10 months after a 25-year-old woman was raped and sexually assaulted inside a radio taxi in the national capital, a fast-track court in Delhi Tuesday convicted cab driver Shiv Kumar Yadav, holding him guilty on charges of rape and endangering the life of the victim. Yadav, a former driver of Uber taxi service, faces a maximum punishment of life imprisonment.
Foreign law firms not permitted to set up in India
IndiaForeign law firms are still not allowed to set up in India but can give advice on a 'fly-in, fly-out' basis, according to a long-awaited ruling.Foreign law firm are prohibited from setting up permanent offices in India but can give foreign law advice to clients on a 'fly-in, fly-out' principle, according to a long-awaited ruling from India's Supreme Court. The case of Bar Council of India v AK Balaji & Ors revolved around the liberalisation of the Indian legal market with the Bar Council of India refusing to make decisions about the rights of foreign law firms to operate in India until the case was resolved. The court gave the Bar Council of India (BCI) regulatory control over such assignments. However, it also said it was not opposed to liberalisation of legal services and that the government could enact legislation to open the sector up to offshore lawyers and firms as it saw fit.
Fair Work Commission orders alleged sex offender to be reinstated pending outcome of court case
AUSTRALIAEmploymentDriver wins job back; reason for arrest 'not related to his employment'A DELIVERY driver facing sexual assault charges has won an unfair dismissal case and will be reinstated despite concerns female colleagues felt “uncomfortable” working him. Darwin man Thomas Lynch was sacked by Reward Hospitality in October last year, having been suspended without pay since July after being released on bail following his arrest in May. The NT News reports Mr Lynch has been committed to stand trial in August on sexual assault, aggravated assault and threat to kill charges, which he intends to defend.
Data breach victims can sue Yahoo in the United States: judge
USPrivacyYahoo can be sued by victims of data breach that compromised accounts of three billion usersYahoo has been ordered by a federal judge to face much of a lawsuit in the United States claiming that the personal information of all 3 billion users was compromised in a series of data breaches. In a decision on Friday night, U.S. District Judge Lucy Koh in San Jose, California rejected a bid by Verizon Communications Inc, which bought Yahoo’s Internet business last June, to dismiss many claims, including for negligence and breach of contract. Koh dismissed some other claims. She had previously denied Yahoo’s bid to dismiss some unfair competition claims.
Crocs loses EU court battle over patent claim
EUROPEIntellectual propertyCrocs, manufacturer of plastic clogs, too late when it sought patent in 2004Crocs, the manufacturer of a range of plastic clogs, has lost a battle to protect its design from copycats. Judges in Luxembourg backed a decision by the EU’s intellectual property office (EUIPO) in 2016 to cancel legal protection for the shoe. The European court of justice agreed that as the clog had made its debut at a boat show in Florida in 2002 and had featured on the company’s website, Crocs was too late when it sought its patent in 2004.
Employment Act to be amended to cover workers earning more than S$4,500
SINGAPORELegislationEmployment Act will be extended to cover all employees; changes likely tabled in SeptemberAbout 430,000 more professionals, managers and executives (PMEs) will be covered under the Employment Act when it is amended to remove the S$4,500 salary cap, said Manpower Minister Lim Swee Say in Parliament on Monday (Mar 5). "The exceptions are public servants, domestic workers and seafarers who are covered separately, such as by other Acts due to their nature of work," Mr Lim added in his ministry's Committee of Supply debate.
Adidas wins ECJ 'three stripes' trademark case
Intellectual propertyAdidas has won its long-running 'three stripes' trademark dispute against Shoe Branding Europe.The European Court of Justice has delivered its verdict in the long-running case over the trademarks of adidas three parallel stripes on footwear. The ECJ ruled in favour of adidas, upholding the earlier decisions of the EUIPO, that two trade marks filed by Belgian footwear company Shoe Branding Europe infringed on adidas’ globally-renowned ‘three stripes’ mark.
CASE(S) OF THE WEEK