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    CASES OF THE WEEK

  • MANGALESWARY PONNAMPALAM v. GIRITHARAN E RAJARATNAM
    COURT OF APPEAL, PUTRAJAYA
    ROHANA YUSUF JCA, AHMADI ASNAWI JCA, ABDUL RAHMAN SEBLI JCA
    [CIVIL APPEAL NO: A-09-215-08-2014]
    19 JUNE 2015

    FAMILY LAW: Orders for protection - Domestic violence - Interim protection order ('IPO') - Setting aside - Application for - Magistrate's decision affirmed by High Court - Appeal against - Whether IPO could still be in force when parties were divorced and living separately - Whether IPO was temporary order - Whether application to set aside filed out of time - Whether medical report produced by appellant - Whether police investigation completed - Whether appellant bears burden to satisfy court that IPO should be allowed to remain - Whether Magistrate's decision in setting aside IPO valid - Whether respondent prejudiced - Domestic Violence Act 1994, ss. 4(1), 4(4) & 12B

    Read more

  • DATUK HUSAM MUSA v. UTUSAN MELAYU (M) BHD & ORS
    HIGH COURT MALAYA, KUALA LUMPUR
    SU GEOK YIAM J
    [CIVIL SUIT NO: S-23-23-2010]
    30 JANUARY 2015

    TORT: Defamation - Libel - Libellous article published in newspaper - Plaintiff claimed impugned articles imputed certain characteristics or attributes to him - Whether words complained of, in their natural and ordinary meaning, capable of bearing imputations ascribed to them by plaintiff - Whether imputations tendered to lower plaintiff in estimation of right thinking members of society - Whether words in impugned report read in its entirety defamatory of plaintiff - Whether imputations pleaded by plaintiff strained, forced or utterly unreasonable interpretation of words in impugned report

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  • PP v. MOHAMED SAIFUL NIZAM MOHAMED [2015] 1 SMC 311
    MAGISTRATE'S COURT, KUALA LUMPUR
    NUR A'MINAHTUL MARDIAH MD NOR Mg
    [CRIMINAL TRIAL NO: 5-83-6838-08-2012]
    25 OCTOBER 2013

    CRIMINAL LAW:Dangerous Drugs Act 1952 - Section 12(2) - Possession of 0.02 grams of methamphetamine - Whether accused had knowledge about drugs - Whether there was doubt as to drugs seized from accused - Whether there was gap in prosecution's case - Whether defence an afterthought

    Read more




  • ARTICLE HIGHLIGHT

    Enforcement of company policies

    Employment
    Degree to which employers may be required to treat policies as binding commitments
    The Supreme Court of New South Wales has handed down judgment in a case which involved attempts by two employees to enforce benefits under a company policy relating to redundancy. The case is noteworthy because the employees based their claims on a number of common law and equitable causes of action which are not regularly invoked in employment disputes. The decision of the Court, therefore, provides guidance as to the degree to which employers may be required to treat policies as binding commitments.

    Read more




  • Landmark Perlis fatwa okays non-Muslim custody

    The Perlis Fatwa Committee has made a landmark edict to grant custody to the parent most able to raise a child, regardless of religion.

    State mufti Mohd Asri Zainul Abidin said this could signal a turning point in child custody cases in the syariah court, especially in cases where a parent seeks custody of the child upon converting to Islam.

    He said the fatwa committee had found it unfair to grant custody solely based on religion, as the child's overall welfare and interest were paramount.

    Read more




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    SYARIAH CRIMINAL CODE (II) (1993) 2015

  • Legislation: An Overview
  • The Edge publisher fails to get stay on suspension order  14/08/2015
  • Youth charged with stealing phone at Low Yat to send representation to A-G  14/08/2015
  • Another date for transgenders  14/08/2015
  • Zeti clears the air  14/08/2015
  • Ex-Chile officer tied to Pinochet-era death commits suicide  14/08/2015
  • Court reserves judgment on non-Muslims as Syariah lawyers  14/08/2015
  • Bank Negara conducted informal probe for two years  14/08/2015
  • Affordable electronic smokes attracting students   14/08/2015
  • Online abuse of free speech makes new Internet laws necessary, minister says  13/08/2015
  • FT religious council applies to be intervenor in ‘Allah’ CD case  13/08/2015
  • 1MDB open to investigations, says Arul   13/08/2015
  • Three nabbed over extort bid with sex videos   13/08/2015
  • Ringgit falls to a new low   13/08/2015
  • Two lawsuits today spotlight supremacy of constitutional guarantees vs Islamic law  13/08/2015
  • Zeti: I’m staying on   13/08/2015
  • Indonesia court orders Suharto foundation to return $325 mn  12/08/2015
  • French court to rule on pork school dinners for Jews and Muslims  12/08/2015
  • Drunk student who rammed into police car fined RM4,000   12/08/2015
  • Decisions on PAC today   12/08/2015
  • Raped teen refuses to name baby’s father   12/08/2015
  • Real estate agent gets jail and fine for upskirt photos   12/08/2015
  • Judge: Cops shot youths dead in self-defence as they were armed with parang  12/08/2015
  • Mahdzir’s claim misleading, says council   12/08/2015
  • A month’s jail for stealing clothes  12/08/2015
  • Ex-model fit to stand trial   11/08/2015
  • MACC directors reinstated   11/08/2015
  • Lawyer: Prosecution did not show evidence clients murdered millionaire and aides   11/08/2015
  • Malaysians need to master English, says Dr M   11/08/2015
  • Handphone salesmen fined over Low Yat Plaza assault  11/08/2015
  • Syrian authorities arrest relative of Assad after rare protest   11/08/2015

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