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2017 MarsdenLR 3006

COURT OF APPEAL PUTRAJAYA
A CHILD & ORS – Appellant
Versus
JABATAN PENDAFTARAN NEGARA & ORS – Respondent


Table of Content
1. the surname of an illegitimate child must reflect the acknowledged father's name unless otherwise constrained by law. (Para 1 , 3)
2. the rationale for decisions within governed legal frameworks must adhere to clear statutory provisions. (Para 4)

[1] At the request of the learned counsel for the appellants, we are withholding the real names of the appellants to protect the identity of the 1st appellant, who was born illegitimate to the 3rd appellant. In the High Court, the 1st appellant filed the judicial review application through his next friends, the 2nd and 3rd appellants.

[2] The premise of judicial review is that the entity seized with a legal power has breached the limits upon the grant of that power. Every power must have legal limits, otherwise there is dictatorship: Pengarah Tanah Dan Galian Wilayah Persekutuan v. Sri Lempah Enterprise Sdn Bhd , 1978 MarsdenLR 384 per Raja Azlan Shah Ag CJM (as His late Royal Highness then was).

[3] This appeal concerns the question whether the Director General of National Registration (2nd respondent) has power under the Births and Deaths Registration Act 1957 ("the BDRA") to ascribe the patronymic surname of "bin Abdu

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