Winding Up
Apr18

Winding Up

Winding up is also known as liquidation, this is where a company is unable to pay its debt and when this happens the company is insolvent. But winding up basically means that the under company laws, an insolvent company would then need to discharge its liabilities. And in order for them to do this the control of the company’s affairs would then be undertaken by a form of external administration. This person is known as a “liquidator”...

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Order of Committal
Apr17

Order of Committal

You find it rare especially in Malaysia to see a judgement enforced by order of committal. But an order of committal is basically a method of enforcing a judgement where an order is obtained to send someone to prison. The order of committal is usually sought when someone has committed contempt of the court, for example when someone disobeys an order from the court. However, as mentioned earlier in today’s practice you will find that...

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Writ of execution
Apr15

Writ of execution

A writ of execution includes a writ of delivery, a writ of seizure and sale as well as a writ of possession. The writ of delivery is used to recover movable property or to assess its value; this is used when a judgment or order for the delivery of that particular movable property or the payment of the assessed value to the judgment creditor has not been followed through. The writ of delivery may include some provisions so that it will...

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Judgment Debtor Summons
Apr14

Judgment Debtor Summons

In terms of monetary claims the judgment debtor is the person that is against the judgment or the order that has been made or given. In layman’s term it is basically the losing party. The other party is known as the judgment creditor where the judgment is obtained so that there is payment of the money by another person. With the action of the judgment debtor summons, the judgment debtor will then be brought before the court and the...

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Garnishee Proceedings in Malaysia Law
Apr13

Garnishee Proceedings in Malaysia Law

et’s start by explaining what garnishee proceedings is, in monetary claims the judgment debtor is basically the person that is against the judgment or the order that is made or given. But usually it is known as the losing party. The other party that has won the case is known as the judgment creditor and the payment of the money is obtained through the other person. If the judgment creditor is aware of the monies that are due and owes...

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Prohibitory Order – law reference
Apr13

Prohibitory Order – law reference

Let’s begin be defining what a prohibitory order is first, in monetary claims the judgment debtor is the person that is against the judgment or order that has been made or has been passed down. But basically it is generally known as the losing party. The other party is known as the judgment creditor and the judgment is obtained from the payment of the money by the other party. If a situation arises where the judgment debtor has...

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Initiating a civil proceeding in the subordinate court
Mar15

Initiating a civil proceeding in the subordinate court

When starting any form of legal proceeding there will always be a reason when anything that is done or left undone or have failed to comply with the requirements, in such cases the failure shall be categorized as an irregularity. If this happens then the person will usually take the next step by issuing a “Letter of Demand” to the other party so that they aware of the irregularity. A “Letter of Demand” in this case is a formal letter...

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Police Investigation
Mar15

Police Investigation

Let’s start by first defining what an investigation is, in law terms an investigation basically means to conduct an official inquiry and close systematic examination. An investigation is conducted for the purpose of establishing a probable cause and it will usually begin before a charge is brought against that particular person. Only a person that has been empowered by the law has the legal rights to conduct an investigation into a...

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Police Arrest
Mar15

Police Arrest

Let’s begin by defining what an arrest is, there are a wide range of definitions for the common term ‘arrest’ but it will usually means a lawful seizure. An arrest here would include a seizure or physical contact with a person’s body for the purpose of holding or keeping the person that has been accused in custody so that they can answer to a criminal charge or to prevent the person from committing a crime. A person can only be...

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Civil Law in Malaysia
Mar15

Civil Law in Malaysia

Let’s begin by first defining what a civil litigation is; it can be basically defined as any disputes sued in the court of law that does not involve a criminal prosecution. Examples of criminal prosecution includes kidnapping, murder, drug trafficking and in such cases the legal action is taken by either side of the local, state or federal government against that particular individual or organization that has committed the violation....

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Initiating a civil proceeding in the subordinate court
Mar15

Initiating a civil proceeding in the subordinate court

When starting any form of legal proceeding there will always be a reason when anything that is done or left undone or have failed to comply with the requirements, in such cases the failure shall be categorized as an irregularity. If this happens then the person will usually take the next step by issuing a “Letter of Demand” to the other party so that they aware of the irregularity. A “Letter of Demand” in this case is a formal letter...

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Substituted services – Malaysia Law
Mar15

Substituted services – Malaysia Law

A substituted service is basically an advertisement that has been made in the court and you would normally find such advertisements in the local daily newspaper. For example you will find these kinds of advertisements in The Star, Borneo Mail, News Straits Time, Daily Express and so on. You can only apply to serve the summons using the substituted service only if the summons is required to be served personally to that particular...

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What transpires during a hearing of a summons?
Mar15

What transpires during a hearing of a summons?

All the summons as well as the proceedings shall be heard in open court, however if neither the plaintiff nor the defendant shows up on the date for the hearing then the case may be struck out without prejudice by the court. The case can be restored but it will be under the discretion of the Judge and any form of application for the restoration of the case must be made within 14 days after the hearing. You are able to restore the...

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The procedure for the preparation of the judgment
Mar15

The procedure for the preparation of the judgment

After the judgment has been made in favor of one particular party and they are represented by a solicitor, then a copy of the draft of the judgment will be submitted to the solicitor that is representing the other party, if any. The solicitor would then need to return the copy within 2 days after acknowledging the acceptance of the copy where it has been signed or requires any amendments. If the solicitor of that particular party does...

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Bankruptcy Law – Malaysia
Mar15

Bankruptcy Law – Malaysia

Let’s begin by defining what bankruptcy is, it is basically a way to deal with the debts that you are unable to settle and when they fall due. The bankruptcy proceedings will then allow you to free yourself from the excessive debts that will result in allowing you to make a fresh start. However there of course would be a few restrictions to ensure that your assets are shared out in order to repay the creditors. So basically a person...

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Bankruptcy Proceedings
Feb12

Bankruptcy Proceedings

In terms of monetary claims the judgment debtor is the person that is against the judgment or the order that has been made or given. In layman’s term it is basically the losing party. The other party is known as the judgment creditor where the judgment is obtained so that there is payment of the money by another person In any form of bankruptcy proceedings the total judgment must be more than RM30, 000, if the judgment debtor has not...

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Reactive measures called after series of high-profile crime cases
Aug03

Reactive measures called after series of high-profile crime cases

With the rising crime rate happening in the country and reports that are raising concerns, Datuk Seri Hishammuddin Tun Hussein, the Home Minister is calling for more action. This is where the police chiefs of several states will now have to channel reports of high profile crime cases to him directly. Hishammuddin called on the police chiefs to send in their reports to him and that he will be meting with them to discuss measures that...

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Hidden costs in Serviced Apartments
Aug03

Hidden costs in Serviced Apartments

Owning serviced apartments can be a costly affair if you are not aware of the hidden costs and such. This is where you will find that owning such properties might be more difficult than it seems because of such costs. Services apartments can be hard to maintain if you are not aware of the maintenance clauses and conditions. While they can be small pieces of properties and costly in some ways but as you do not really need to maintain...

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The SUHAKAM Public Inquiry Into the Incidents During and After Bersih 3.0
Aug02

The SUHAKAM Public Inquiry Into the Incidents During and After Bersih 3.0

The current issue going on around in the country would be the inquest into the alleged violence and police brutality in the recent Bersih 3.0 sit-in rally. The inquest is being carried out by Suruhanjaya Hak Asasi Manusia Malaysia or Suhakam (Human Rights Commission of Malaysia). Basically, what it is looking into is the “incidents during and after the public assembly of 28 April 2012” where Bersih had held a public assembly around...

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The Death in Custody case of R Gunasegaran
Aug02

The Death in Custody case of R Gunasegaran

The case of death in custody has caused many issues of concern recently so much so that there has been calls that the police investigations should be carried out under the supervision of a coroner. In fact, according to Mr Lim Chee Wee, the president of the Malaysian Bar, the proposal was well received by Datuk Seri Nazri Aziz, the de facto Law Minister. What actually happened was R Gunasegaran died on the way to the Kuala Lumpur...

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The Borders vs JAWI case
Aug02

The Borders vs JAWI case

In the most recent ruling, the owner of Borders, Berjaya Books Sdn Bhd had failed in their stay application for any action by JAWI (the Federal Territory Islamic Affairs Department). This was in relation to the recent seizure of the Irshad Manji’s book entitled ‘Allah, Kebebasan dan Cinta ‘(Allah, Liberty and Love) that took place some 2 months ago. According to High Court judge Datuk Rohana Yusof, the stay application was dismissed...

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Stop pointing fingers and provide better policing to stop crimes
Aug02

Stop pointing fingers and provide better policing to stop crimes

The recent reports of crime cases happening around the country has raised many eyebrows. In fact, it has become quite an issue of concern for Malaysians who are more concerned about safety in the surroundings. The fact that numerous cases were reported in public places like shopping malls and such made it harder for Malaysians from all walks of life to be confident when leaving their home. The problem is, some have even blamed it on...

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Should the A-G’s power be limited?
Aug02

Should the A-G’s power be limited?

The A-G (Attorney-General) of Malaysia is known to be one of the most powerful men in Malaysia. This is mainly because the A-G, as he is known has the direct power to enforce laws and take someone to court if they have broken the law. The A-G’s powers are accorded through Article 145(3) of the Federal Constituion where he can ‘institute, conduct or discontinue’ any proceedings for an offence where this is not applicable for the...

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National Harmony Act receives favourable response
Aug02

National Harmony Act receives favourable response

Many would have known by now that the Sedition Act 1948 will be repealed and will be replaced by a new law called the National Harmony Act. While sceptics believe that the new law is just a new name for the controversial Act, some have given their backing and support. This came through from the likes of professional bodies and civil society groups and they are calling for the drafting of the new law to be made in a transparent manner...

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Legalizing Bersih does not mean more assemblies will be coming
Aug02

Legalizing Bersih does not mean more assemblies will be coming

The recent ruling by the Kuala Lumpur High Court that Bersih 2.0 is a lawful organisation brought about a lot of criticisms as well as support. The decision was seen as some form of victory for the coalition which have always been painted with a negative light, especially among MPs of BN (Barisan Nasional). In fact, it has always been regarded as an outlaw organisation and the ruling means that it will be able to hold more events and...

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