The Value of Hearsay Evidence in Court

What is Hearsay in Court? General RuleThe cardinal rule in respect of oral evidence is that provided for in Section 60 Evidence Act 1950 (“EA 1950”). Under this section, oral evidence must be direct i.e. the testimony must be of the person who perceived the fact through medium of his own senses [1]. Direct evidence can be categorized into three categories: oral, written or conduct.ThiRead More…

Can rent be recovered under the COVID 19 Act 2020

COVID-19 Act came into operation from  October 23,  2020 and shall continue to remain in operation
for some time  except where the date of
commencement and period of operation have been provided in respect of the
respective Parts in this Act. CONTRACTUAL DUTIES Section 7 of the COVID-19 Act prevents another contracting
party (landlord/ lessor for non-residential immovable prRead More…

A Trial via Zoom in the Wake of the Covid-19 Pandemic

As the world is combating the COVID-19 outbreak, Malaysia is not exempted from the virus.  The public and courts alike has had to learn to adopt and adapt to this new environment and “live” with COVID-19. The Malaysian Judiciary formulated comprehensive Standard Operating Procedures (hereinafter referred to as “SOP”) which allows the administration to run and thus ensuring accessRead More…

Statutory Declaration substitute witness giving oral evidence

What
is the position of using Statutory Declaration to substitute witness giving
oral evidence in Court What is a Statutory Declaration (SD) SD in Malaysia is governed under the Statutory Declaration Act 1960. The laws were enacted because it was necessary in many cases to require declarations in confirmation of written instruments or allegations, or proof of debts, or of the execution of dRead More…

3 Perkara Yang Perlu Diketahui oleh Pihak Majikan Mengenai Cuti Umum Di Malaysia

English Version PUBLIC HOLIDAYS IN MALAYSIACUTI UMUM DI MALAYSIA The government of Malaysia declared  September 4, 2017  a public holiday following Malaysia’s outstanding performance at the 29th SEA Games. The Prime Minister was teasing the crowd, saying it was not easy to declare a public holiday.  Many Malaysians Employers are surely wondering how the Government can declare a public Read More…

Online Hearings in 2020 Jasmine Ha

IntroductionDue to the Covid-19 pandemic and the movement control order being imposed and implemented in Malaysia, the courts face several difficulties when it comes to conducting physical hearings and trials. To overcome this issue, some changes have been made in regards to the manner the hearings and trials would be conducted in the near future. That being said, Hearings and trials are being coRead More…

Online Hearings in Court – A New Era in the Covid 19 Pandemic

Courts of Judicature (Amendment) Act 2020, Subordinate Courts (Amendment) Act 2020 And Subordinate Courts Rules (Amendment) Act 2020 The long awaited amendments to the Court
of Judicature Act 1964 (CJA 1964), Subordinate Courts Act 1948 (SCA 1948)
and Subordinate
Courts Rules Act 1955 (SCRA 1955) have finally been gazetted. They are Act
A1621 – Courts of Judicature (Amendment) Act 2020, Act Read More…

Mengapakah jaminan patut diberikan? Apakah Alasan Yang Harus Anda Tawarkan?

Why
Bail Should Be Granted? What Reasons Should You Offer? If you are arrested, you may try to offer the following reasons as ONE of the many reasons, please consult your lawyer independently. Sekiranya anda ditahan, anda boleh mencuba alasan berikut sebagai salah SATU daripada alasan-alasan, sila secara bebas merujuk kepada peguam anda. The main purpose of the implementation of MCO is to bRead More…

Why Bail Should Be Granted? What Reasons Should You Offer?

为什么应准予保释?您应该提供什么理由? If you are arrested, you may try to offer the following reasons as ONE of the many reasons, please consult your lawyer independently. 如果您被逮捕了,您可以尝试提供以下理由为多种理由之一,请另咨询您的律师。 The main purpose of the implementation of MCO is to break the chain of the Covid-19 infectRead More…

3 Ways Your Private Car Insurance Will Burn a Hole in Your Pocket

“English Version” 私家车保险让钱在口袋里留不住的三种方式 In  Malaysia buying a car serves as a mark of
independence and adulthood in most of our lives.  However, do you know what is the extent of
coverage that your standard private car insurance policy provides and what it
does not cover? 在马来西亚,购买汽车是我们大多数人独立和成熟的Read More…

Debate VS submission in Court

What’s the difference? What is debate? [1] According to the Oxford English Dictionary, debate is “a formal discussion on a particular matter in a public meeting or legislative assembly, in which opposing arguments are put forward and which usually ends with a vote.” A debate is often conducted with a moderator and an audience, in addition to the debate participants. [2] Logical cRead More…

discharge bankruptcy

Discharge of Bankruptcy at the Discretion of DGI S33A and 33B Insolvency Act and Case Study

The Act in brief [1]
S33A of Insolvency Act confers the power of discharge of bankrupt to Director
General of Insolvency (DGI). The section says that as the DGI may, in his
discretion but subject to section 33B, issue a certificate discharging a
bankrupt from bankruptcy after five years of the adjudgment of bankruptcy
order. [2]
A notice of his intention to issue the certificate should be Read More…

What comes after liquidation

Does the company cease operations immediately? [1]
A company can enter into liquidation procedure in two manners, by voluntary liquidation andmembers’ voluntary
winding up (Section 432(2)(a) of the Companies Act 2016);creditors’ voluntary
winding up (Section 432(2)(b) of the Companies Act
2016) compulsory liquidation (Section
464 of the Companies Act 2016). [2]
In each circumstance, Read More…

Closure of Kedah Courts in conjunction with EMCO 11 Sept 2020

Please note that Kedah courts will be closed. The following notice is from the Bar Council dated 11 September 2020. To Members of the Malaysian Bar and pupils in chambers, Court-Related Matters During the Administrative Enhanced Movement  Control Order (“EMCO”) in Alor Setar, Kedah We draw Members’ attention to the
announcement by the Senior Minister (Security Cluster) and DefencRead More…

TEMPORARY MEASURES FOR REDUCING THE IMPACT OF CORONAVIRUS DISEASE 2019 (COVID-19) ACT 2020

The Bill, tabled by Minister in the Prime Minister’s Department Datuk Takiyuddin Hassan for first reading at the Dewan Rakyat on Wednesday (Aug 13), is to support the Prihatin Rakyat Economic Stimulus Package, Prihatin SME Economic Stimulus Package and the Short-Term Economic Recovery Plan announced recently by the Prime Minister. The Bill, if approved, will modify 16 legislations and will come iRead More…

Hearings at the Court of Appeal during the RMCO

It
was my first-time visiting the Court of Appeal and I have been privileged
enough to be given this chance to visit it during the RMCO, hence, there are a
few rules we had to abide by. My first court experience was everything I
imagined and more. I witnessed first-hand how counsels present their cases
right before the judges. Moreover, I even got to assist my colleague, Miss Ng
in handing over tRead More…

Judgment-Debtor

Judgment Debtor Summons

Introduction to Judgment Debtor Summons A judgment debtor summon is an enforcement procedure for the
recovery or payment of money. For instance, if a defendant fails or refuses to pay a judgment sum
worth RM25000, then a judgment debtor summons will be taken out against the
defendant. The defendant will then be known as the judgment debtor who is the
person against whom the judgment or ordRead More…

Garnishee Proceedings

What are Garnishee
Proceedings? A garnishee proceeding is
a form of judgment enforcement procedure used to pursue judgment debts, normally
when a respondent fails to comply with a monetary judgment obtained by a
claimant. The rules governing these
proceedings are provided under Order 49 of the Rules of Court 2012.  The three parties generally
involved are the judgment creditor, juRead More…

UK University and Online Examinations In Malaysia Thanks to COVID-19 Lee Nicholas Heng Jin

Journeying Back from Pursuing an Education in the UK due
to COVID-19 – A Personal Experience Closure of the
University It is well-known that the journey of many students studying
overseas including my own was cut short due to the pandemic. My university –
The University of Sheffield had announced its closure after a report was
released stating that a faculty member of the architecture deRead More…

Mediation SOP Court Online

Operating Procedure for Mediation at the Court Mediation Center Pre-Mediation: Fill in the consent form for mediation which can be found on the relevant court website. Then, email your request to mediate to the mediation center involved. The mediation center will contact the parties involved by email or phone.The parties must send the following information to the mediation center through Read More…

Respective or Respectable – A Mystery in Malaysia

A Malaysian mystery is this “I am happy to
work for your respective firm…” The word, ‘Respective’ according to the Oxford Advanced Learner’s Dictionary
is an adjective to be used before a noun. It is defined as, “belonging or
relating separately to each of the people or things already mentioned”. In
other words, ‘Respective’ brings the
meaning of making a comparison to eachRead More…

Police Arrest MCO Bail Plead Guilty Mitigate

What Happens When You Are Arrested During The MCO For Bahasa Malaysia version please click here For Chinese version 中文版 please click here Effective from March 18, 2020, Malaysia officially implemented the Movement Control Order (the “MCO”). In general, a police officer may arrest the violators of the MCO under: 1) Obstructing Public Servant In Discharge Of His Public FunctioRead More…

EFFECTS OF MCO ON YOUR CONTRACTUAL OBLIGATIONS

MOVEMENT CONTROL ORDER The Movement Control Order (MCO) announced by the Prime Minister of Malaysia on 16th March 2020, to be implemented throughout the period of 18th to 31st March 2020 which now being extended for another fourteen days, to 14th April 2020. As the name suggests, the implementation of MCO was to control the movement of individuals from one place to another Read More…

Coronavirus Covid 19 Movement Control Order Malaysia 2020

Re-Opening of Courts May 13, 2020 A Conditional Movement Control Order (“CMCO”) has been implemented and taken into effect on 13th May 2020, which allows the re-opening of Courts. However, Strict Operating Procedure (“SOP”) and guidelines are to be followed in reference to Circular that was issued by the Chief Registrar of the Federal Court.  Read more on our short article: A tastRead More…