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JAGDEEP KAUR UDHAM SINGH v. HALAL DEVELOPMENT CORPORATION BHD
INDUSTRIAL COURT, KUALA LUMPUR
NUR FAUZAH DATO MOKHTAR
AWARD NO. 980 OF 2025 [CASE NO: 11-4-2879-21]
19 JUNE 2025

An employer's unilateral transfer of an employee to a new position for which the employee lacks the necessary experience, skills, or job description, especially without prior discussion, constitutes a fundamental breach of the employment contract, including the implied term of mutual trust and confidence. Such a breach amounts to constructive dismissal, provided the employee leaves employment in response to the breach and without undue delay.

WEE KU WING v. AMIRA UMAIRA TENG ABDULLAH
COURT OF APPEAL, PUTRAJAYA
SUPANG LIAN JCA
SHAHNAZ SULAIMAN JCA
AMARJEET SINGH SERJIT SINGH JCA
[CIVIL APPEAL NO: D-01(NCVC)(A)-550-08-2024]
23 JULY 2026

(i) The application of the Distribution Act 1958 ('DA') is determined by the religion of the deceased rather than that of the beneficiary. A legitimate child, regardless of his/her religious status, remains entitled to inherit under the DA where the estate is that of a non-Muslim deceased, as the DA contains no provision excluding a Muslim child from inheriting a non-Muslim parent's estate; (ii) Uncodified religious principles, including hadiths and fatwas, cannot override clear statutory provisions enacted by Parliament or the State Legislatures. In matters concerning the distribution of a non-Muslim deceased's estate, the civil courts are bound to apply the relevant written law, namely the DA, as the subject matter falls within civil succession and not Islamic personal law.

AB v. ILHAM FITRI MURAD & ORS
HIGH COURT MALAYA, ALOR SETAR
JOHAN LEE KIEN HOW J
[CIVIL SUIT NO: KA-23NCVC-1-01-2023]
6 JULY 2026

(i) In complex medical negligence claims, lay testimony and non-contemporaneous photographic evidence alone are legally insufficient to establish a breach of the standard of care or clinical misconduct. In the case at hand, the failure to adduce independent expert medical evidence to define the requisite benchmark of care meant that the plaintiff failed to establish a case in law, thereby justifying the success of the defendant's submission of 'no case to answer'; (ii) A significant, unexplained delay by a patient, in acting upon a specialist medical referral issued by a practitioner, constitutes a novus actus interveniens, thereby breaking the chain of causation and severing the legal nexus between the practitioner's initial management and the alleged injury.

JASON JONATHAN LO v. STAR MEDIA GROUP BHD & ORS AND ANOTHER APPEAL
COURT OF APPEAL, PUTRAJAYA
COLLIN LAWRENCE SEQUERAH JCA
FAIZAH JAMALUDIN JCA
ONG CHEE KWAN JCA
[CIVIL APPEAL NOS: B-02(NCvC)(W)-2076-12-2023 & B-02(NCvC)(W)-2096-12-2023]
15 JULY 2026

(i) The failure to provide a Bahasa Malaysia translation of verbatim English defamatory words in a statement of claim does not constitute an automatic or incurable nullity. While pleadings should strictly be in the national language, the proviso to s. 8 of the National Language Acts 1963/67 preserves judicial discretion. Non-compliance is curable where the words are understood, fully contested, and cause no prejudice to the opposing party, thereby prioritising the interests of justice over mere procedural technicalities; (ii) While a court cannot compel an unwilling defendant to issue an apology - as true contrition must be voluntary - it possesses the equitable discretion to order a mandatory retraction of defamatory statements to correct the public record and vindicate the plaintiff's reputation.

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PP v. JULASIRI AKILMARA
FEDERAL COURT, PUTRAJAYA
RHODZARIAH BUJANG FCJ
NORDIN HASSAN FCJ
AZMI ARIFFIN FCJ
[CRIMINAL APPEAL NO: 05(L)-77-05-2025(S)]
30 JULY 2026
[2026] CLJ JT (15)

Abstract – At the close of the prosecution's case, there is no statutory or legal requirement for a trial judge to make a formal or spoken declaration specifying whether the accused is called upon to answer a case of actual trafficking or presumed trafficking under the Dangerous Drugs Act 1952 ('DDA'). An omission by the trial judge to expressly state or record whether a case of direct or presumed trafficking has been established does not render the order calling for the defence defective nor does it cause a miscarriage of justice, provided that: (i) the prosecution's reliance on actual possession to trigger the statutory presumption of trafficking under s. 37(da) of the DDA is clearly communicated and understood by all parties throughout the proceedings; and (ii) no prejudice was occasioned to the accused in framing or presenting their defence.

CRIMINAL LAW: Offences – Trafficking in dangerous drugs – Presumption of trafficking – Duty of trial judge at close of prosecution's case – Trial judge omitted to state whether accused called upon to answer direct or presumed trafficking – Whether statutory or legal requirement under Criminal Procedure Code to make formal declaration – Whether omission fatal or caused miscarriage of justice – Whether accused fully aware of prosecution's case throughout proceedings – Dangerous Drugs Act 1952, ss. 39B(1)(a) & 37(da)(xvi)

CRIMINAL PROCEDURE: Prima facie – Call for defence – Accused charged for trafficking in dangerous drugs – Presumption of trafficking – Duty of trial court at close of prosecution's case – Trial judge omitted to state whether accused called upon to answer direct or presumed trafficking – Whether statutory or legal requirement to make formal declaration – Whether omission fatal or caused miscarriage of justice – Whether accused fully aware of prosecution's case throughout proceedings – Criminal Procedure Code, s. 180

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PP v. Muhammad Aabid Zarkasi [2026] CLJU 3314 [CA]
Mohd Hisyamuddin Hassan lwn. PP [2026] CLJU 3297 [CA]
Bahran A Kadis v. PP [2026] CLJU 3393 [CA]
Muhammad Quddus Zahari v. PP [2026] CLJU 3277 [CA]

JUDICIAL QUOTES

“And I further order that the defendants shall pay the plaintiff general damages of RM600,000, being RM15,000 per day for 40 days of unlawful detention, and exemplary damages of RM75,000. Interest at 5% per annum on the general and exemplary damages shall run from the date of filing of the writ on 10 January 2023 until the date of full realisation.”

“This case is a sobering reminder of how easily fundamental liberties can be extinguished by institutional carelessness or, worse, by institutional arrogance.”

“Simon Adavize Momoh came to Malaysia lawfully. He married a Malaysian and built a life here, raising two children. He committed a traffic offence, for which he was tried, convicted, and punished: one day in prison and a fine of RM12,000. He paid in full. What happened next should not have happened. He was held for 40 more days under a legal framework that did not apply to him, without ever being brought before a judge or a Magistrate, under the cover of a COVID-19 story that was not true, and cut off from his family and his lawyer. The law was clear. The Constitution was clear. Both were ignored.” - Per Jamhirah Ali in Simon Adavize Momoh v. Ketua Pengarah, Jabatan Imigresen Malaysia & Ors [2026] CLJU 2984

“In light of the above analysis, it is therefore strictly incorrect to state that a director can hold a “dual capacity” or wear “two hats” - in the sense of acting as a director under company law while at the same time being an employee (workman) under a contract of service. It is in our view more accurate as well as helpful if focus is made on the individual concerned, who can be described as wearing two hats when he is both a company director and also an employee of the company at the same time. It is the individual - not the position of director - who can double hat and perform both roles. It cannot be emphasised enough that a distinction must be drawn and properly understood between the position and the person holding it. This is key.”

“In other words, the inherent status of a directorship does not admit that of an employee (or workman), and vice versa. The two do not mix. Nevertheless, again we say that an individual can under the law be both, but the performance of the two roles we reiterate is subject to different sets of legal considerations.” - Per Mohd Nazlan Ghazali FCJ in Acexide Technology Sdn Bhd & Anor v. Chang Heng Keong & Another Appeal [2026] 7 CLJ 687

“The learned High Court Judge, having found the impugned statements to be defamatory and the defences of justification, qualified privilege, and fair comments to be inapplicable, proceeded to order Chord, Kay, and Kalysta to render an apology to Stella based on the language and contents proposed by her.”

“It is well-established that the remedies available in an action for defamation are damages (including general and, where appropriate, aggravated or exemplary damages), and in appropriate cases, injunctive relief to restrain further publication. There is, however, no recognised relief under the common law empowering the court to compel a defendant to publish an apology.”

“An apology, by its nature, is an expression of contrition and a matter of volition. To compel a party to apologise would be to require the court to dictate the content of speech, and supervise its adequacy and sincerity, which in our view are matters that lie beyond the proper province of judicial determination.” - Per Ong Chee Kwan JCA in Tan Sing How & Ors v. Ng Ze Xuan [2026] 7 CLJ 348

UPDATED
( as of 15 September 2026)

ACT 613
Anti-Money Laundering, Anti-Terrorism Financing, Anti-Restricted Activity Financing and Proceeds of Unlawful Activities Act 2001
PU(A) 397/2019
Customs Regulations 2019
ACT 422
Ports (Privatization) Act 1990
ACT 166
Legal Profession Act 1976
ACT 127
Environmental Quality Act 1974

REVOKED
(as of 21 July 2026)

PRINCIPAL

ACT 885
National Trust Fund Act 2026
ACT 884
Johor Bahru-Singapore Rapid Transit System Link Act 2026
ACT 883
Records (Disposal) (Sarawak) Act 1955 (Revised—2026)
ACT 882
Government Procurement Act 2026
ACT 881
International Settlement Agreements Resulting From Mediation Act 2026

AMENDING

ACT A1797
Witness Protection (Amendment) Act 2026
ACT A1796
Employment Insurance System (Amendment) Act 2026
ACT A1795
Sexual Offences Against Children (Amendment) Act 2026
ACT A1794
Road Transport (Amendment) Act 2026
ACT A1793
Environmental Quality (Amendment) Act 2026

PUA

PU(A) 325/2026
Ministers Of The Federal Government (Amendment) (No. 2) Order 2026
PU(A) 324/2026
Development Financial Institutions (Export-Import Bank Of Malaysia Berhad) (Exemption) Order 2026
PU(A) 323/2026
Development Financial Institutions (Bank Pembangunan Malaysia Berhad) (Exemption) Order 2026
PU(A) 322/2026
Constitution Of The High Courts (Judicial Commissioner) (No. 2) Order 2026
PU(A) 321/2026
Customs Regulations 2019 - Corrigendum

PUB

PU(B) 344/2026
Scheme For The Operation, Promotion And Management Of Sabah 4d Jackpot Betting 2026
PU(B) 343/2026
Notice Of Exemption Under Subsection 73(1) (Ds Secret Sdn. Bhd.)
PU(B) 342/2026
Appointment Of Probation Officers
PU(B) 341/2026
Appointment Of Protectors
PU(B) 340/2026
Notice To Third Parties

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DIGITAL IMPERSONATION IN MALAYSIA: CRIMINAL-LAW GAPS AND THE NEED FOR SPECIFIC LEGAL FRAMEWORK
by Norazuan Amiruddin^[i] Manique Cooray^[ii] Dennis WK Khong^[iii]

ABSTRACT

Digital technology has advanced rapidly, so it is easier to assume or misuse another person's name, image, voice or other identifying attributes. Such activity may facilitate fraud, harassment, reputational damage and various other forms of harm. However, Malaysian criminal law does not currently recognise digital impersonation as an offence. Rather, the relevant law is dispersed across several statutes and generally imposes liability only when impersonation is accompanied by a separate prohibited act or consequence. Although the Online Safety Act 2025 and the Cybercrime Bill 2026 are significant legislative developments, gaps remain where the conduct does not involve inducement, financial or property loss, prohibited communications or unauthorised access to a computer system. This article consequently considers the creation of a specific offence addressing the intentional and unauthorised appropriation of another person's digital identity, accompanied by an intention to cause harm or a sufficient likelihood that harm will occur. The approaches adopted in selected jurisdictions, the article identifies principles that may guide the development of a more coordinated Malaysian legal framework for digital impersonation.

GLOBAL NEWS

ENGLISH TEXT OF FEDERAL CONSTITUTION PREVAILS UNTIL AGONG SAYS OTHERWISE, PUTRAJAYA TELLS COURTS

The English version of the Federal Constitution is the nation’s authoritative legal document until the Yang di-Pertuan Agong declares otherwise, Putrajaya has asserted in its official defence against a lawsuit seeking to elevate the Bahasa Melayu version.

The government stated that the Agong has not yet prescribed the Bahasa Melayu text as supreme under Article 160B of the constitution, which allows for such a declaration to be made, Free Malaysia Today reported.

It cited two landmark Federal Court rulings in the cases of Indira Gandhi and Loh Siew Hong as binding precedents that have already settled the matter.

“The English version of the constitution is the one that prevails,” the government said in its statement of defence.

FORMER FEDERAL COURT JUDGE NALLINI PATHMANATHAN: LAWYERS SHOULD DO MORE ‘PRO BONO’ WORK SO MORE MALAYSIANS CAN ACCESS JUSTICE

Lawyers should be encouraged to do free legal work to help Malaysians who cannot afford legal fees get access to justice, former Federal Court judge Tan Sri Nallini Pathmanathan said. She highlighted the importance of legal aid for those who face financial challenges in going to the courts. “That’s a hurdle, that’s why legal aid comes in, a lot of lawyers do work pro bono, and all of that should be encouraged greatly,” she said in a recent interview with Malay Mail. In her August 2021 paper titled “Access to Justice in the Time of Covid-19 Pandemic from the Judiciary’s Perspective”, she highlighted how there are certain groups who cannot afford to hire a private lawyer but also do not qualify to receive free legal aid from the government or Malaysian Bar.

FEDERAL CONSTITUTION IS A LIVING DOCUMENT AND CANNOT REMAIN STATIC — HAFIZ HASSAN

The Federal Constitution is a living document. It cannot therefore remain static.

Changes or amendments to the provisions of the Federal Constitution are inevitable, as duly recognised by Federal Court Judge Raja Azlan Shah (as His Highness then was) in the Federal Court case of Loh Kooi Choon v Government of Malaysia [1977] in the following words:

“[T]he framers of our Constitution prudently realised that future context of things and experience would need a change in the Constitution, and they, accordingly, armed Parliament with ‘power of formal amendment’.

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