ACT A1441 PDF

Environmental Quality Amendment. Laws of Malaysia. A c t a Date of Royal Assent. Date of publication in the Gazette.

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Feel free to forward this to your colleagues. CRIMINAL LAW: Dangerous drugs - Trafficking in dangerous drugs - Whether drugs seized dangerous drugs - Accused attempted to evade arrest by running away - Whether raised inference that accused had knowledge that green plastic bag contained dangerous drugs - Whether accused was in possession of the drugs - Whether presumption of trafficking established.

LAND LAW: Transfer - Validity of - 1st defendant transferred property to plaintiff - Whether plaintiff's signature on Form 14A and other related documents forced or induced by coercion, duress or undue influence - Whether Form 14A unfit for registration - Whether document stamped in accordance with the Stamp Act CIVIL PROCEDURE: Appeal - Appeal from subordinate court to High Court - Notice to quit found to be validly issued - Finding that appellants failed to comply with Settlement Agreement when they did not vacate within the 3 months notice - Whether Sessions Judge's finding on validity of notice to quit a misdirection - Whether appellate intervention warranted - Declaration sought vide counterclaim - Whether Sessions Judge committed error when he dismissed appellants' counterclaim for want of jurisdiction.

CONTRACT: Termination - Notice of termination - Validity - Respondents gave notice to quit without first giving appellants opportunity to consider 2 new terms which respondent unilaterally decided - Whether notice to quit an unreasonable notice and hence invalid - Whether appellants' failure to comply rendered Settlement Agreement voidable - Whether respondent's termination of Agreement wrongful and ineffective.

Goon Choy Fook v. Petrodar Operating Co Ltd v. Lee Yoke Yam lwn. Lukman Zainuddin v. MK Associates Sdn Bhd v. Pasupathy Kanagasaby v. Jurisdiction of court - High Court - Whether Malaysian High Court could hear dispute where defendant is a foreign-based company and parties agreed that Sudanese laws to apply - Whether dispute over fraudulent call on guarantee was made in Malaysia - Whether plaintiffs resident in Malaysia - Whether tort committed in Malaysia - Whether trial of action in Malaysia more convenient Petrodar Operating Co Ltd v.

Collateral contract - Formation - Respondents induced by appellants' representation - Commercial relationship of parties regulated by oral representations - Introduction of written agreement by appellant - Non-renewal of agreement - Whether tantamount to ipso facto termination - Whether parties had joint venture relationship - Whether oral agreement superseded by written agreement - Whether oral evidence which contradicted written agreement admissible - Whether parties' rights and obligations determined by oral representation - Evidence Act , ss.

Penal Code - Section - Concealment of stolen property - Conviction and sentence - Appeal against - Whether particulars as to time of offence proved - Typo errors in amended charge - Whether curable under s.

Accomplice - Witness - Conviction based on uncorroborated testimony of accomplice - Whether accomplice a competent witness against an accused person - Whether accomplice implicated accused - Whether conviction illegal - Evidence Act , s. Burden of proof - Balance of probabilities - Whether plaintiff discharged burden to prove case - Whether action time barred - Whether plaintiff estopped from pursuing claim - Evidence Act , ss.

Solicitors - Stakeholders - Conveyancing transaction - Defendant engaged by plaintiff to be its solicitors - Instruction from plaintiff to refund monies held by defendant as stakeholders to purchaser - Whether plaintiff can recover monies from defendant - Whether plaintiff discharged its burden to prove case - Whether plaintiff's action time barred - Limitation Act , s.

Defamation - Absolute privilege - First information report - Whether complainant can be sued for defamation if statement in police report is detrimental and damaging to another - Whether defence of absolute privilege available to first information report though it may be defamatory in nature Pasupathy Kanagasaby v.

Fraud - Transfer of property - Whether transfer tainted with fraud - Whether fraud proven - Whether respondent consented to transfer - Whether appellant entitled to vacant possession Goon Choy Fook v. Pecah amanah jenayah - Kanun Keseksaan, s.

Azizan Yahaya v. Metrobus Nationwide Sdn Bhd v. Ace Polymers M Sdn Bhd v. Ambank M Bhd v. Mohammad Abdul Kadir v. PP lwn. Exercise of administrative powers - Reasoned decision - Commercial Vehicle Licensing Board CVLB allowed RapidKL to charge lower stage bus fares from what was statutorily provided - Whether action unfairly discriminatory to appellant - Whether CVLB's decision rational and reasonable - Whether decision taken bona fide after considering general public interest - Whether appellant failed to show RapidKL's lower fares caused it to suffer loss Metrobus Nationwide Sdn Bhd v.

Exercise of administrative powers - Subsidiary legislation - Power and authority to enact subsidiary legislation - Whether matters concerning principles of public law - Whether action must be initiated by way of judicial review - Whether failure to adhere to strict procedural rules would render O.

Costs - Security for costs - Whether amount ordered as security was reasonable - Whether there was ample evidence that plaintiff would not be able to settle first defendant's costs in event first defendant successful in defending claim Ace Polymers M Sdn Bhd v.

Construction of terms of contract - Housing loan - Interest - Terms in agreement that payment of instalment to commence after issuance of permanent CF - Whether purchaser liable to pay interest prior to issuance of CF - Whether financier represented that developer liable to pay interest during period before issuance of CF - Whether financier estopped from claiming interest from purchaser Ambank M Bhd v.

Damages - Sale and purchase of property - Delivery of vacant possession - Issuance of CF - Failure by developer to inform purchaser - Purchaser subjected to interest - Whether developer obligated to inform purchaser of issuance of CF - Late delivery of vacant possession - Whether purchaser could sue developer for damages Ambank M Bhd v.

Execution - Agreement signed by plaintiffs but not by defendant - Whether a concluded contract - Whether enforceable - Whether specific performance available - Contracts Act , s. Penal Code - Section - Using criminal force with intent to outrage modesty - Conviction and sentence - Appeal against - Prosecution relying heavily on testimonies of 11 year old victim and her nine year old sister - Whether Magistrate erred in deciding that the children understood the oath - Inquiry to admit evidence of the children not held in conformity to s.

Sentence - Adequacy - Housebreaking with intention to commit theft - Plea of guilty - Repeat offender - Accused had eight previous convictions including four for housebreaking - Proper sentence - Whether warranting maximum jail term PP v.

Witness - Child witness - Whether evidence of child witness admissible in criminal trial - Whether child sufficiently intelligent to understand meaning and consequences of oath - Test for determining whether child should give evidence on oath - Procedure applicable where child does not understand the oath - Evidence Act , s. Kawad cam - Perjalanan kawad cam - Garis panduan Turnbull - Sama ada prosedur yang betul dipatuhi - Sama ada pengecaman tertuduh boleh diterima - Sama ada sabitan perayu selamat PP lwn.

Maklumat membawa kepada penemuan fakta - Akta Keterangan , s. Akta Senjata Api Penalti Lebih Berat - Seksyen 3 - Tembakan daripada senjata api dengan niat hendak menyebabkan kematian atau kecederaan - Sama ada terdapat percanggahan keterangan - Sama ada kegagalan memanggil saksi menimbulkan inferens bertentangan terhadap kes pendakwaan - Sama ada kawad cam tidak teratur - Sama ada wujud keraguan ketara mengenai identiti diskripsi orang yang melepaskan tembakan - Sama ada maklumat daripada tertuduh berkenaan penemuan barang kes meragukan - Sama ada sabitan perayu selamat PP lwn.

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