Two questions of law were posed before the High Court: Whether the determination and imposition of the different rates of maintenance charges and contribution to the sinking fund between apartment parcels and commercial parcels by the developer, during the preliminary management period was valid in law i.e. the period between the delivery of vacant possessionRead more
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“Whether the conversion of minors to a different religion was lawful” Case: LOH SIEW HONG V NAGAHSWARAN A/L MUNIANDY (MAJIS AGAMA ISLAM DAN ADAT ISTIADAT MELAYU PERLIS (MAIPs) PROPOSED INTERVENER) [2023] Brief Facts: The appellant in this case is Loh Siew Hong who married her husband, Nagahswaran a/l Muniandy, in 2008 under the Law ReformRead more
“Whether a loan granted was a friendly loan or an illegal moneylending transaction in contravention of the Moneylenders Act 1951?” Case: TRIPLE ZEST TRADING & SUPPLIERS SDN BHD & ORS V APPLIED BUSINESS TECHNOLOGIES SDN BHD [2023] 2 MLJ 374 Brief Facts: Triple Zest Trading & Suppliers Sdn Bhd (TZT) along with its directors soughtRead more
Whether Section 498 Penal Code is unconstitutional as it violated fundamental principle of equality governed under Article 8(1) and (2) Federal Constitution? S 498 PC relates to a man enticing someone else’s wife to have an illicit relationship. Case: LAI HEN BENG V PP [2024] 2 MLRA Brief Facts: The Appellant, Lai Hen Beng (hereinafterRead more
“Does a published book in 2013 containing matters likely to be prejudicial to morality, public interest and public order warrant a ban?” Case: MENTERI DALAM NEGERI & ANOR V CHONG TON SIN & ANOR [2024] 2 MLRA 67 Brief Facts: The 2nd Respondent [Chong] is an author who wrote a book entitled “Gay is OK!Read more
Whether a landlord can apply for an ex parte writ of distress for an increased rent not agreed to by the tenant? [ex-parte means the landlord filed the case without informing the tenant]. Whether a landlord during an ex parte writ of distress can apply for a court order to lock up the tenant’s premises?Read more
“Whether there was actual redundancy and that the redundancy led to termination of employees with just cause and excuse?” Case: MUHAMMAD FIRDAUS MURAD v L & O COLLECTIONS SDN BHD & ANOR [2023 3 MELR 280] Brief Facts: 6 employees of L & O Collections Sdn Bhd [LO] were employed in the LONE PINE HotelRead more
“Can an employee file a claim for Constructive Dismissal in a Civil Court as opposed to referring the matter to the Industrial Relations Department and eventually to the Industrial Court?” Case: 7 ELEVEN MALAYSIA SDN BHD v ASHVINE HARI KRISHNAN [2023 4 MLRA 252] Brief Facts: The Plaintiff Ashvine Hari Krishnan [Ashvine] was employed byRead more
“Whether terminating an Acting position and reverting the employee to his/her original position amounts to Constructive Dismissal?” Case: KERETAPI TANAH MELAYU BERHAD v MOHAN VYTHALINGAM & ANOR & ANOTHER APPEAL [2023] 3 MLRA 722 Brief Facts: The Claimant Mohan Vythalingam [Mohan] started working with KTMB on 1.9.1983 as Pembantu Lokomotif Rendah. In 1992 Mohan wasRead more
“Was the employee here constructively dismissed?” Case: CIMB BANK BERHAD V AHMAD SUHAIRI MAT ALI & ANOR [2023] 6 MLRA 625 Brief Facts: Ahmad Suhairi Mat Ali [Suhairi], who is the Claimant in this case was an employee of CIMB Bank [CIMB] the Appellant. Suhairi held the position of Area Commercial Manager (ACM) for theRead more
