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10 May 2013	CLJ Bulletin #19/2013

ANNOUNCEMENT

We are pleased to announce that three additional features have been added to new CLJLaw to aid you in your research.

1) Legislation Search - You may now Search in "Act Title" in addition to Search in "Sec. Title".

2) Advanced Search - Search by Annotated Case Reference - You may now enter a search term or select a case citation/suit number/judge and pull out cases which have been overruled, followed, not followed, distinguished, referred or cited by selecting one of the options under "Only Cases" found under Advanced Search.

3) Case Citator - The Case Citator is now printable.

The CLJLaw Team

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Invitation to Submit Judgments

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Send the judgment to CLJ via or by post/fax and we'll be happy to consider it for publication in our journal and/or online.

Dear Reader,

Welcome to the latest CLJ bulletin, Issue #19 of 2013

In this issue we provide you with highlights of selected cases from the Current Law Journal, Malaysia's leading authoritative reporter of case laws and judgments from the Courts of Malaysia.

Among the items featured in this week's edition:

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CASES OF THE WEEK

METROBUS NATIONWIDE SDN BHD v. LEMBAGA PELESENAN KENDERAAN PERDAGANGAN SEMENANJUNG MALAYSIA & ANOR
HIGH COURT MALAYA, KUALA LUMPUR
ALIZATUL KHAIR OSMAN J
[APPLICATION FOR JUDICIAL REVIEW NO: R2-25-224-07]
28 MARCH 2012

Administrative Law: Remedies - Mandamus - Conditions under s. 44(1) Specific Relief Act 1950 - Whether satisfied to qualify for grant of order of mandamus - Whether Licensing Board had statutory duty to enforce common fare rates on all stage buses - Whether Board acted ultra vires in allowing RapidKL to charge lower fare rates than that statutorily prescribed - Whether there were losses suffered as direct result of RapidKL's lower fares - Ingredients to establish case for unfair discrimination - Whether proved

IN RE INQUEST INTO THE DEATH OF TEOH BENG HOCK, DECEASED [2012] 1 SMC 19
MAGISTRATE'S COURT, SHAH ALAM
AZMIL MUNTAPHA ABAS MG
[CORONER'S INQUEST NO: 88-10-2009]
5 JANUARY 2011

CRIMINAL PROCEDURE: Sudden death - Inquest - Duty of Coroner - Standard of proof - Conflicting medical evidence - Medical evidence pointing to both suicide and homicide - Proper verdict - Whether warranting an open verdict - Criminal Procedure Code, ss. 329, 337, 338

EVIDENCE: Standard of proof - Sudden death - Inquest - Whether on a balance of probabilities - Whether beyond reasonale doubt - Criminal Procedure Code, ss. 329, 337, 338

JUDICIAL QUOTES

ISSUE NO. [3]: SULONG MATJERAIE JCA IN PP v. CHAI MEI LIAN [2010] 6 CLJ 24

[3] Issue: Whether upon a proper reading of s. 111 of the Subordinate Courts Act 1948 and the new s. 118 of the Customs Act 1967, the court of a Magistrate of the First Class in Sarawak, which heard a charge under s. 135 of the Customs Act 1967, had no jurisdiction to hear the case:

"In the light of numerous authorities on the cannon of statutory construction, we are of the view that on the plain and literal reading of s. 118 of the Customs Act 1967, the intention of Parliament is clear and unambiguous in that Magistrate of the First Class in Sarawak shall have the jurisdiction to try any offence under the Customs Act 1967. Such Magistrate shall also have the power to award the full punishment for any such offence. Such being the intention of Parliament, it is the sacred responsibility of the Court to give effect to it. Therefore we conclude that s. 111 of the Subordinate Courts Act 1948 does not affect the operation of the Customs Act 1967. Hence Magistrates of the First Class in Sarawak can try offences under the said Act. The learned First Class Magistrate who heard the custom offence under appeal was indeed empowered to hear it and to award the full punishment for it." - per Sulong Matjeraie JCA in PP v. Chai Mei Lian [2010] 6 CLJ 24
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LATEST CASES

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b) CLJ 2013 Volume 3 (Part 4)