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
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
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
PP v. MOHAMED SAIFUL NIZAM MOHAMED  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
SC: Husband can’t say ‘no income’ to avoid payment
R Sedhuraman, Legal Correspondent, New Delhi
The Supreme Court today ruled that the man could not avoid payment of maintenance to separated or divorced wife pleading that he had no income.
“Sometimes, a plea is advanced by the husband that he does not have the means to pay, for he does not have a job or his business is not doing well. These are only bad excuses and, in fact, they have no acceptability in law.
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Enforcement of company policies
Degree to which employers may be required to treat policies as binding commitmentsThe 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.
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.
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