PEMUNGUT DUTI SETEM v. LEE KOY ENG & A REVIEW APPLICATION
FEDERAL COURT, PUTRAJAYA
ROHANA YUSUF PCA; HASNAH MOHAMMED HASHIM FCJ; MARY LIM FCJ
[CIVIL APPEAL NOS: 01(f)-9-07-2021(B) & 08(R)-2-02-2022(B)]
07 JULY 2022
An appeal under s. 39 of the Stamp Act 1949 is invoked by the person paying the stamp duty and not by the Collector of Stamp Duty. Although the notice of appeal is lodged at the High Court and categorised as an appeal, s. 39 provides the appealing party the right to require the Collector to state and sign a case, setting forth the question upon which the opinion of the High Court is required and the decision made by the Collector. The High Court is not required to hear the evidence and make findings on factual evidence heard; its sole function in a case stated is to answer the question(s) posed.
MAHISHA SULAIHA ABDUL MAJEED v. KETUA PENGARAH PENDAFTARAN & ORS AND ANOTHER APPEAL
COURT OF APPEAL, PUTRAJAYA
KAMALUDIN MD SAID JCA; AZIZAH NAWAWI JCA; S NANTHA BALAN JCA
[CIVIL APPEAL NOS: W-01(A)-273-06-2020 & W-01(NCvC)(A)-531-09-2021]
09 AUGUST 2022
Parliament must take the necessary measure to ensure that any amendment to the Federal Constitution ('FC') must not result in a new Constitution, especially with regard to fundamental provision; likewise, the court is bound by the enacted laws and must strive to give effect to the intention of Parliament in enacting the laws. Hence, to declare the word 'father' in s. 1(b) Part II of Second Schedule of the FC to include 'mother' would mean to rewrite the FC and the courts must forbid itself from such an interpretation of the law.
DATO' SERI TIMOR SHAH RAFIQ v. NAUTILUS TUG & TOWAGE SDN BHD
COURT OF APPEAL, PUTRAJAYA
LEE SWEE SENG JCA; AHMAD NASFY YASIN JCA; SEE MEE CHUN JCA
[CIVIL APPEAL NO: W-02(NCC)(A)-1980-10-2019]
13 JULY 2022
Proper corporate governance requires the keeping of proper accounting records of the company pursuant to the Companies Act 2016. The minority directors were reasonable in their pursuit of leave to commence a derivative action against the majority directors, who were holding the management and control of the company, and who had failed to shed light on the substantial amounts advanced. An application for leave to commence a derivative action is subject to satisfaction of the threshold that the action is commenced in good faith and prima facie in the best interest of the company; there was no necessity to show that the action was bound to succeed.
AMGENERAL INSURANCE BHD v. SA' AMRAN ATAN & ORS AND OTHER APPEALS
FEDERAL COURT, PUTRAJAYA
ABDUL RAHMAN SEBLI FCJ; HASNAH MOHAMMED HASHIM FCJ; RHODZARIAH BUJANG FCJ
[CIVIL APPEAL NOS: 02(F)-75-10-2019(W), 02(F)-90-11-2019(W), 02(F)-97-12-2019(W), 02(F)-05-01-2020(W), 02(F)-08-01-2020(B), 02(F)-30-07-2020(K), 02(F)-41-08-2020(W) & 02(F)-28-04-2021(W)]
05 AUGUST 2022
The Road Transport Act 1987 must be construed to protect innocent third party road users against risks caused by motor vehicles. In a claim involving motorist and insurance companies, the court is bound to weigh the competing interests of both parties to ensure that neither party is victimised by the other. In the event that the loss has to be borne by a party, that party has to be the insurance company, as it is compulsory for all vehicle owners to obtain insurance coverage in order for the Road Transport Department to issue road taxes for the motorists; the insurer should automatically step in and indemnify the victim, without the victim having to sue the insurer.
- 5 Star Room Hotel Sdn Bhd & Yang Lain lwn. Bank Islam Malaysia Berhad  1 LNS 1940 [CA]
- Nur Fatihah Saqira Mohd Tahir lwn. PP & Rayuan Lain  1 LNS 1939 [CA]
- Majlis Perubatan Malaysia & Anor v. Asia Pacific Higher Learning Sdn Bhd  1 LNS 397 [CA]
- Dato' Sri Mohd Najib Hj Abd Razak v. PP & Other Appeals (No 4)  8 CLJ 393 [FC]
- Dato' Sri Mohd Najib Hj Abd Razak v. PP & Other Appeals (No 3)  8 CLJ 387 [FC]
- Dato' Sri Mohd Najib Hj Abd Razak v. PP & Other Appeals (No 2)  8 CLJ 378 [FC]
- Dato' Sri Mohd Najib Hj Abd Razak v. PP & Other Appeals  8 CLJ 363 [FC]
“This court accepts the defendants’ submission that a mere licensee of a TOL has no legitimate expectation for a renewal of the TOL by the land office upon the expiry of the term and that the licensee has no right to claim compensation for any structure or building erected on the TOL land upon the expiry of the TOL, as held by the various decided authorities cited by the defendants. However, none of the decided authorities has held that even if the express terms of the TOL stipulates for compensation upon its expiry, no compensation would still be recoverable. On the contrary, Goods J in Papoo v. Veeriah (supra) observed to the effect that where the express terms of the TOL provides for compensation in the event of termination and the State Government is a party thereto, the TOL holder would have the right to sue the State Government for such compensation pursuant to the express term.” – per Tee Geok Hock JC in Hartalega Sdn Bhd & Anor v. Kerajaan Negeri Selangor & Ors  7 CLJ 735
“To conclude, we hold that for the purpose of due administration of justice in Malaysia, the law confers jurisdiction to the subordinate courts to take cognisance of any contempt of court committed either contempt in the face of the court (facie curiae) or contempt outside of the court (ex facie curiae). The exercise of the court's jurisdiction is subject to the relevant laws and rules of court. We agree that the power to punish for contempt by inferior courts are limited under para. 26 of the Third Schedule of the SCA 1948 compared to that of the superior courts. However, in our considered view the limitation is only on the prescribed punishment and not on the court's jurisdiction.
Taken in totality all the above, we hold that a Magistrate holding an inquiry of death under the CPC has the powers and jurisdiction to punish for contempt in the face of the court (facie curiae) and contempt outside of the court (ex facie curiae).” - per Hashim Hamzah JCA in Peguam Negara Malaysia v. Mohd Kassim Abd Hamid  6 CLJ 41
Quote 1: “No less than three witnesses, namely Rizal, Mahdzir and Madinah, have positively identified the voices in the recording as that of Najib and the accused. These three are familiar with Najib and the accused’s voices. I do not doubt that they were right. The accused had attempted to downplay the conversation in the recording by relating it to a typical discussion between a husband and wife. It, however, was no ordinary conversation between spouses, for it was about government affairs. It is clear from the audio recording that the accused gave instructions to Najib on government affairs. Her tone was commanding and contrary to her contention that she heeded Najib’s prohibition on not meddling in government affairs. I say this with the greatest of respect, but it is apparent that the accused dominates Najib. She has control over him. She had no business interfering in Najib’s duties or the government’s affairs, but she did.”
Quote 2: “In my opinion, Mahdzir attempted to do the right thing. Bearing that Saidi was a close friend, he could have easily cleared the path for Jepak’s benefit. The evidence shows that Mahdzir wanted Jepak to go through the proper process. He did not want to circumvent the Ministry’s procedure. He had even gone to the extent of trying to persuade Najib on two occasions personally. On the first occasion, Mahdzir tried to convince Najib to use an open tender for the project and not through direct negotiations with Jepak. Najib was adamant and told him to carry out his instructions. On the second occasion, Mahdzir advised Najib to defer the issuance of the letter of award to Jepak as the latter had not met many of the Ministry’s requirements. Mahdzir also complained to Najib of Saidi and Rayyan’s incessant harassment and disrespectful attitude toward him as a Minister. Nevertheless, Najib again ignored his plea and instructed him to follow his instructions.” - Per Mohamed Zaini Mazlan J in PP v. Rosmah Mansor  1 LNS 1964
“The 1978 Rules are not, in a sense, binding on the Courts. But they are nevertheless binding on members of the Bar who are obliged to comply with them. And, they are indicative of the fact that any disciplined lawyer such as the counsel for the appellant would not have accepted a brief with dates already fixed for hearing unless he was prepared.
In fact, the appellant having been well aware of the dates fixed for hearing elected to discharge his former solicitors and appoint Messrs. Zaid Ibrahim and Tuan Haji Hisyam Teh as his solicitors and counsel respectively. This is his right to do so but he cannot, after having made that decision, turn around and say that his new lawyers are not ready to proceed with the hearing of the appeals. The new lawyers too, having accepted the brief, are not entitled to say they need more time to prepare knowing fully well that the dates had been fixed well in advance.
Given the circumstances we have outlined, the request for the adjournment and the grounds in support thereof are neither cogent nor reasonable.” – Per Tengku Maimun Tuan Mat CJ, Abang Iskandar Abang Hashim CJSS, Nallini Pathmanathan FCJ, Mary Lim Thiam Suan FCJ, Mohamad Zabidin Mohd Diah FCJ in Dato’ Sri Mohd Najib Hj Abd Razak v. PP & Other Appeals (No 2)  8 CLJ 378;  1 LNS 1838
“Given the breadth and scope of art. 4(1) FC, it is untenable to describe the entirety of judicial power and the jurisdiction of the courts as being confined to the last two lines of art. 121(1) FC, namely that “... the High Courts... shall have such jurisdiction and powers as may be conferred by or under federal law.”
While it may well have been the intent of Parliament vide A704/1988 to seek to restrict or curtail judicial powers, that intent was not achieved. On an objective construction of the FC holistically it is evident that it is untenable if not impossible to read art. 121(1) FC in vacuo when deciding on the source, scope and ambit of judicial power. The only tenable construction that can be accorded to judicial power is that it subsists in more than just art. 121(1) FC, the foremost of which is art. 4(1) FC.
But these constitutional provisions do not and cannot abrogate judicial power in terms of the inherent jurisdiction of the court or the constitutional power of judicial review which is contained in art. 4(1) FC. This is borne out by a simple example. If indeed judicial power is confined to, and limited by, federal law as a literal reading of art. 121(1) FC may suggest, then how is that there subsists at the same time, power in the Judiciary or the courts to strike down that very same federal law if it is inconsistent with the provisions of the FC? It is contrary to any form of coherent legal rationale that it can be said on the one hand that judicial power is circumscribed by federal law, but on the other, hand, that self-same judicial power can strike down that very same federal law within the same Constitution.” – Per Nallini Pathmanathan FCJ in Dhinesh Tanaphll v. Lembaga Pencegahan Jenayah & Ors  5 CLJ 1
( as of 26 September 2022)
- ACT 461
Offenders Compulsory Attendance Act 1954 (Revised 1991)
- ACT 593
Criminal Procedure Code (Revised 1999)
- ACT 91
Courts of Judicature Act 1964 (Revised 1972)
- PU(A) 163/2022
Excise Duties Order 2022
- ACT 26
Legal Aid Act 1971
(as of 01 September 2022)
- PU(B) 394/2022
Appointment and Revocation of Appointment of Date of Coming Into Operation
- PU(A) 228/2022
Control of Supplies (Prohibition on Export) (Amendment) Regulations 2022
- PU(A) 320/2021
Price Control and Anti-Profiteering (Determination of Maximum Price) (No. 6) Order 2021
- PU(A) 449/2021
Road Transport (Prohibition of Use of Road) (Federal Roads) (No. 15) Order 2021
- PU(A) 159/2012
Copyright (Licensing Body) Regulations 2012
- PU(A) 303/2022
Petroleum (Income Tax) (Adjusted Loss From Oil Or Gas Field Decommissioning Activity) (Late-Life Assets Production Sharing Contract) Regulations 2022
- PU(A) 302/2022
Petroleum (Income Tax) Act 1967 Petroleum (Income Tax) (Exemption) Order 2022
- PU(A) 301/2022
Petroleum (Income Tax) (Accelerated Capital Allowances) (Late-Life Assets Production Sharing Contract) Rules 2022
- PU(A) 300/2022
Customs Duties (Exemption) 2017 (Amendment) (No. 5) Order 2022
- PU(A) 299/2022
Customs Duties (Exemption) 2017 (Amendment) (No. 4) Order 2022
- PU(B) 472/2022
Prescription Under Section 6
- PU(B) 471/2022
Notice To Third Parties
- PU(B) 470/2022
Reservation Of Land For Public Purpose - Lot 80156 Mukim Ampang Federal Territory Of Kuala Lumpur
- PU(B) 469/2022
Reservation Of Land For Public Purpose - Lot 201490 Mukim Setapak Federal Territory Of Kuala Lumpur
- PU(B) 468/2022
Reservation Of Land For Public Purpose - Lot 104007 Mukim Petaling Federal Territory Of Kuala Lumpur
- Bills 2022
- Government Of Kelantan Gazette - Syariah Criminal Code (Ii) (1993) 2015
- Legislation: An Overview
- Legislation: FAQs
- Former special officer to ex-Johor MB charged with forgery 27/09/2022
- Federal Court denies Gombak voters' bid to sue Azmin 27/09/2022
- Woman fined RM500,000 over fake bank statements 26/09/2022
- Federal Court dismisses Orang Asli villagers' bid to get leave to appeal 26/09/2022
- AGC appeals against Zahid's VLN acquittal 26/09/2022
- Celebrity preacher Ebit Lew in court to face sexual harassment charges 26/09/2022
- Bung Moktar, Zizie corruption case stayed 23/09/2022
- Shock and surprises at the courts today 23/09/2022
- Bella finishes testifying in abuse case 23/09/2022
- 1MDB suit against Deutsche Bank, six parties will be heard by another judge 23/09/2022
by Brenda Loh Ling Li**
In Ishak Hj Shaari v. PP, the Court of Appeal is faced with an important question of law: does the Court of Appeal, as the apex court for matters originating from the subordinate courts, has the inherent jurisdiction or powers to review its own decision? The majority, Low Hop Bing JCA and Zaharah Ibrahim JCA (as she then was) in Ishak Hj Shaari, took a conservative and restrictive approach and opined that such inherent power to review could not be derived from Article 121 of the Federal Constitution; and that for the Court of Appeal to have such power to review, it has to be conferred by statute. However, no statute confers such a power to the Court of Appeal. Therefore, by the majority, the Court of Appeal ruled that it has no jurisdiction to review its previous decision and set aside the same.
However, Justice Hishamudin Yunus, in his dissenting judgment, boldly took the stance that the Federal Court and the Court of Appeal have the inherent jurisdiction to review their previous decisions under exceptional circumstances to prevent injustice or abuse of the court process.
In this article, we will dissect Justice Hishamudin Yunus's dissenting judgment and see its implications and effect in today's legal landscape.
by Nurul Fatihah Azhar**
A reduction of capital occurs where a company reduces the amount of its share capital. Under the Malaysian Companies Act 2016 ('Act'), the Act provides two methods for companies to execute its scheme of capital reduction. This is an addition to the previous Companies Act 1965 wherein it only provides a mechanism for capital reduction by way of confirmation before the Court. Section 115 of the Act states that the reduction of capital can be by way of confirmation of a special resolution at the High Court or a special resolution supported by a solvency statement.
In this article, we will discuss the objectives of capital reduction, the method of executing the scheme of capital reduction pursuant to the Act and further discuss the requirement of fairness and equity for the confirmation of the scheme at the High Court by referring to two English cases namely the case of Ex Parte Westburn Sugar Refineries Ltd  AC 625 ('Westburn') and In Re Holders Investment Trust Ltd  1 WLR 583 ('Holders Investment Trust').
by Syed M Aatif*
More than half a billion women in the world profess the religion of Islam. They are concentrated in the 45 Muslim-majority countries in a broad belt from Senegal to the Philippines, with the largest number in the South Asian subcontinent. The most populous single Muslim-majority nation is Indonesia. Stereotypes of Muslim women have long prevailed in the West, distorting the enormous interregional and class variations in their circumstances and status.
However, the truth is far from all this propaganda against Muslims. Islam is what the Quran says it is. Nevertheless, Islam predates Quran itself. It is believed that Islam came with the first human being and the first Prophet Adam (AS) and was preached and professed by every single prophet after him. In Surah An-Nisa, the Holy Quran dedicates an entire chapter to women, and a whole chapter on Mother Mary can be found in Surah Maryam, which could not be found in the Bible. In Islam, a woman is given high status. When she is born, she becomes the path to paradise for her parents; when she gets married, she completes half the deen (religion) of her husband, and when she becomes a mother, paradise lies at her feet. Hence, it makes no sense on what pretext it can be said that Islam oppresses women as there is no material evidence as per the holy scriptures to prove the same.
DOMESTIC VIOLENCE IN MALAYSIA – LAWS AND LOOPHOLES*
by Hiral Sanghvi[i] Senthil Ramu[ii]
A recent study shows domestic violence increases when family members spend more time together, even during festivities and summer vacations. During the COVID-19 pandemic, this situation worsened when everyone was confined to their homes. As accurately put by Amanda Taub in her paper 'A New Covid-19 Crisis: Domestic Abuse Rises Worldwide', domestic abuse is acting like an opportunistic infection, flourishing in the conditions created by the pandemic.
Malaysian Women, Family and Community Development Minister Datuk Seri Rina Harun said 9,015 police reports were lodged for domestic violence since the movement control order ('MCO') during the Covid-19 pandemic in 2020. For 2021, domestic violence cases from January to October were reported at 4,905 cases. It was also publicised that the number of domestic violence cases reported increased from 5,260 cases in 2020 to 7,468 cases in 2021, a rise of 42%.
This drastic increase in domestic abuse cases compels us to revisit the issue of domestic violence in light of the pandemic and consider its implications, not only for women victims but also men. For most people, an image of a terribly beaten woman with a black eye would come to mind when talking about domestic violence. However, not all domestic violence victims are females, as men are also subject to abuse by their partners.
by Noor Asyikeen Mohd Salleh[i] Sik Cheng Peng[ii]
The first section of this study discusses the concept of public and private property rights. This study examines the theoretical framework of how a State balances the requirement of State power to acquire property and the protection of private property rights in land acquisition. Next, the article analyses the applicability of this paradigm as enshrined in the Indian constitutional provision and State law. Finally, the study examines the approaches taken by Malaysia in maintaining the balance of public and private interests in land acquisition from a historical and legal standpoint.
Keywords: Land acquisition, State's power to acquire private property, balance between public and private interests, procedures, compensation.
Land is an important type of property which provides a sense of belonging and security, a source of economic and status symbol to its owner. In fact, it is a vital source of social survival particularly in developing countries. Due to the significant value attached to land, private property rights, including individual property ownership and the right to peaceful enjoyment of land, are considered one of the most fundamental rights recognised by international treaties and are legally protected.
Unemployment rate rises to 3.5 per cent for August
Australia's unemployment rate has risen for the first time in 10 months to 3.5 per cent in August, up from 3.4 percent the month before. New data from the Australian Bureau of Statistics (ABS) showed that in August 2022, an estimated 33,500 jobs were added to the economy. The unemployment rate rose by 0.1 per cent because of an increase in the number of people looking for work. The unemployment rate rose by 0.1 per cent because of an increase in the number of people looking for work. Source: ABS (Labour Force, Australia) Lauren Ford, head of labour statistics at the ABS, said the figures reflected changing patterns in employment and working hours seen during the pandemic.
Unions and employers agree 40,000 more migrants a year needed to fill Australia’s skills shortage
Unions and employers have agreed Australia should lift its migration intake by 40,000 annually to help fill skills shortages and demanded a boost to apprentice subsidies. The consensus suggests the Albanese government could secure broad support for some policy reform at its jobs and skills summit in September, although the Australian Chamber of Commerce and Industry (Acci) will use a major speech on Wednesday to reject more ambitious union requests. The Australian Council of Trade Unions (ACTU) has called for price controls on electricity and a windfall profits tax, which Acci’s chief executive, Andrew McKellar, will reject as “throwbacks to a forgotten and bygone era” at the National Press Club.
Temporary freeze on hiring foreign workers lifted from Aug 19
The temporary freeze on applications to hire foreign workers will be lifted starting this Friday (Aug 19), says Human Resources Minister Datuk Seri M. Saravanan. He said although the temporary freeze had been decided upon earlier, the new decision was made after taking into consideration the request from the industries. "I’ve decided to approve (the industries’ request), so the freeze has been lifted and we will process the new applications from this Friday. "We’ve decided that all the earlier applications to hire some 400,000 foreign workers to proceed before the end of this month,” he told reporters after meeting with several business associations at Wisma HRD Corp here on Tuesday (Aug 16). Saravanan said to better understand the issue of foreign workers, the ministry had set up a special committee of 15 members from the industries and five representatives from the Human Resource Ministry.
Retail staff to get pay increases from Sep 1, with expansion of Progressive Wage Model
Local rank-and-file shop workers are set to receive wage increases over three years under the Progressive Wage Model (PWM) for the retail sector. Wages for these workers are expected to go up by 8.4 per cent to 8.5 per cent annually, starting from Sep 1 this year up to Aug 31, 2025. This was among recommendations announced Monday (Aug 15) by the Tripartite Cluster for Retail Industry (TCR) for workers such as retail assistants, cashiers and assistant retail supervisors. Retail assistants, for instance, will have to be paid at least S$1,850 a month, excluding overtime, from Sep 1. The TCR arrived at this figure after consulting extensively and considering the existing median wage of these jobs.
Huge pay bumps and flexi work policies: How Singapore companies are fighting the war for talent
In a normal year, lawyers at one of Singapore’s top four local law firms could expect to receive an annual increment of between 10% and 15%. The company said employees would get a larger increment this year, one former employee told CNBC. His salary jumped by 40% and the increase was not tied to a promotion, the person said. That law firm isn’t the only company in Singapore adjusting compensation packages in a hot labor market. Southeast Asia’s largest lender DBS told CNBC it increased salaries across the bank in mid-2021. Accounting company KPMG announced in May that the firm will spend 25 million Singapore dollars ($18.23 million) on salary increments.
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