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Can one be charged stamp duty on an inheritance? Case: PEMUNGUT DUTI SETEM v. LEE KOY ENG (SEBAGAI PENTADBIR KEPADA HARTA PUSAKA TAN KOK LEE @ TAN CHIN CHAI, SI MATI) [2021] MLJU 2083 Brief Facts: Lee Koy Eng (“ Lee”) and her son, Tan Chun Keat (“Mr. Tan”) were appointed by the Shah AlamRead more

Can an employer come up with a reason to dismiss an employee after the dismissal? Case: MARITIME INTELLIGENCE SDN. BHD. v. TAN AH GEK [2021] 1 LNS 1578 Brief Facts: Maritime Intelligence Sdn Bhd (“the Company”) owns an educational institution named the Netherlands Maritime Institute of Technology (“the Institute”).   Tan Ah Gek (“Jenny”) commencedRead more

Can an adopted child be given Malaysian citizenship? Case: CHO CHIANG HUAT DAN SATU LAGI v PENDAFTAR BESAR KELAHIRAN DAN KEMATIAN, MALAYSIA [2021] MLJU 1811 Brief Facts: A couple (“the Parents”) of Malaysian citizen adopted a baby born and abandoned at Hospital Universiti Kebangsaan Malaysia, Cheras, Kuala Lumpur.   The Parents then named the baby,Read more

Is demoting an employee to a position he/she had never held before in a company wrong in law? Case: NG TECK FAY v. MAHKAMAH PERUSAHAAN MALAYSIA & ANOR [2021] 5 MLJ 574 Brief Facts: Ng (“the Employee”) commenced his employment on 11 April 2008 as an assistant general manager with the company at a monthlyRead more

Is ‘intention to use inside information’ required to be proved for one to be liable for insider trading? Case: SURUHANJAYA SEKURITI MALAYSIA v. SREESANTHAN ELIATHAMBY [2021] 7 CLJ 913 Brief Facts: Sreesanthan (“the Lawyer”) is a corporate lawyer of some considerable repute.   The Securities Commission Malaysia (“the SCM”) sought to make the Lawyer liableRead more

Can only parts of a statement be defamatory? Case: DATO SRI MOHAMAD SALLEH ISMAIL & ANOR v. NURUL IZZAH ANWAR & ANOR [2021] 4 CLJ 327 Brief Facts: National Feedlot Corporation Sdn Bhd (“NFCorp”) was established in 2007 as the main integrator company of the National Feedlot Centre (“NFC”) to fulfill the Government’s policy andRead more

Can an Embassy rely on Sovereign Immunity in dismissing an employee unlawfully? Case: SUBRAMANIAM A/L LETCHIMINAN v THE UNITED STATES OF AMERICA AND ANOTHER APPEAL [2021] MLJU 805 Brief Facts: Letchimanan (“the Workman”) had been working as a security guard for the USA Embassy (“the Embassy”) since 1998.   On 4.4.2008, the Workman received aRead more

Are traditional marriages valid in law? Case: LOO BOO CHEAI (PENTADBIR HARTA PUSAKA CHAN KUN HONG, SIMATI) v. CHEN YUH FENG & ORS [2021] MLJU 1346 Brief Facts: Chan (“the Deceased”), and Mrs. Loo were married and registered under the Civil Marriage Ordinance No 44 of 1952 (“CMO”) with 2 children.   It is notRead more

Can one person be liable to the whole debt if it’s a case of joint liability? Case: LEMBAGA KUMPULAN WANG SIMPANAN PEKERJA v. EDWIN CASSIAN NAGAPPAN @ MARIE [2021] 1 LNS 928 Brief Facts: The Employees’ Provident Fund Board (“the Board”) filed a Sessions Court suit against a company, Fix Interior Collections Sdn. Bhd. (“theRead more

Are media platforms liable for comments left by third parties? Case: PEGUAM NEGARA MALAYSIA v. MKINI DOTCOM SDN BHD & ANOR [2021] 3 CLJ 603 Brief Facts: Mkini Dotcom Sdn Bhd (“Malaysiakini”) is an online news portal that allows for the publication of comments by way of online forum responses to news articles.   GanRead more