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101 on Land Acquisition in Malaysia

101 on Land Acquisition in Malaysia

by Alliff Benjamin Suhaimi & Pauline Lim

Malaysians enjoy a constitutionally protected right to property, as enshrined in Article 13 of the Federal Constitution. However, the language of Article 13 itself shows that this is not an absolute right as it provides that “no person shall be deprived of property save in accordance with law[Read more...]

Public Authority can now sue for Defamation. What’s Next?

Public Authority can now sue for Defamation. What’s Next?

by Alliff Benjamin Suhaimi

The Federal Court yesterday has ruled that a Federal or State Government have the necessary locus standi (standing) to sue for defamation. This is a great setback to our defamation laws and to a citizen's freedom to voice out grouses against the Government.[Read more...]

Animal Cruelty: Are We Doing Enough?

Animal Cruelty: Are We Doing Enough?

by Alliff Benjamin Suhaimi

Yet again, Malaysians are greeted by truly upsetting news relating to animal cruelty. Not too long ago, there was the case of Furby the guard dog being mercilessly beaten and now we have a pregnant cat being placed in a clothes dryer.[Read more...]

Retracting a Police Report: How Consent Order plays a role

Retracting a Police Report: How Consent Order plays a role

by Lavinia Kumaraendran

A Consent Order/Judgement is a form of settlement entered into between two consented parties in a legal action filed in court to resolve a dispute by satisfying certain arrangements without admission of guilt or liability. Essentially it is akin to an Agreement/Contract.[Read more...]

Key takeaways from AGC’s decision to withdraw charges against Lim Guan Eng

Key takeaways from AGC’s decision to withdraw charges against Lim Guan Eng

by Clinton Tan

The Attorney General's Chambers has issued a statement to explain its decision to discontinue the prosecution of Lim Guan Eng and Phang Li Koon. The AGC emphasised that the Attorney General himself had since early August recused himself from handling this case.[Read more...]

Share Valuation for Oppressed Minority Shareholder

Share Valuation for Oppressed Minority Shareholder

by Lavinia Kumaraendran

Do you own shares in a company? If yes, how many shares do you own? Less than 50%? Then you are a minority shareholder. In the corporate sphere, the majority rule allows majority shareholders to make key decisions in the company.[Read more...]

Chatime-Tealive dispute settled out of court

Chatime-Tealive dispute settled out of court

by Clinton Tan

To briefly recap, La Kaffa International Co Ltd essentially argued that Loob Holding Sdn Bhd had breached its contract in operating the "Chatime" franchise, and that Loob Holding proceeded to set up "Tealive" by using trade secrets from the "Chatime" franchise.[Read more...]

Nine-member Federal Court bench convenes for first time

Nine-member Federal Court bench convenes for first time

by Clinton Tan

The Federal Court usually hears disputes through a panel of five Federal Court judges. Today is the first time that a panel comprising nine Federal Court judges was empanelled to hear and determine a dispute. This is a result of a recent direction of the new Chief Justice Tan Sri...[Read more...]

Final Report on MH370

Final Report on MH370

by Balan Nair

According to the Preliminary Report published by the Office of the Chief Inspector of Air Traffic Accidents from the Department of Ministry of Transportation in Malaysia, Flight MH370, scheduled for departure from Kuala Lumpur International Airport (KLIA), to Beijing, China, departed at 00:41:43 MYT on Saturday, March 8 2014.[Read more...]

A Note on Withdrawal of a Civil Suit

A Note on Withdrawal of a Civil Suit

by Alliff Benjamin Suhaimi

Recently, there have been reports about a certain public figure withdrawing or intending to withdraw civil suits that he has filed. The question is: Can a Plaintiff withdraw a civil suit on his own whims and fancy?[Read more...]