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2011 MarsdenLR 1121

FEDERAL COURT PUTRAJAYA
HARCHARAN SINGH SOHAN SINGH – Appellant
Versus
RANJIT KAUR S GEAN SINGH – Respondent


Petitioner Advocates:Mahinder Singh Dulku ,Respondent Advocate: Balwant Singh

Table of Content
1. clarification of legal questions regarding appeals (Para 1 , 2)
2. background context of the dispute and claims (Para 3 , 6 , 7 , 8 , 9)
3. arguments concerning applicability of s 68(1)(a) (Para 4 , 5 , 10 , 11)
4. court's findings on legal interpretation and valuations (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19)
5. interpretation of legal standards for appeals (Para 20 , 21)
Hashim Yusoff FCJ:

[1] In this appeal three questions of law are posed before us as follows:

(1) What is the true meaning and effect of s 68(1)(a) of the Courts of Judicature Act, 1964 (Act 91) which provides that no appeal shall be brought to the Court of Appeal when the amount or value of the subject matter of the claim (exclusive of interest) is less than two hundred and fifty thousand ringgit, except with the leave of the Court of Appeal?

(2) Further and/or in the alternative at which point of time is the amount or value of the subject matter of the claim (exclusive of interest) to be determined for the purposes of Section 68 (1)(a) of the Courts of Judicature Act, 1964 (Act 91)?

(3) Further and/or in the alternative is the amount or value of the subject matter of the claim (exclusive of inter

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