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1995 MarsdenLR 1922

SHAIK DAUD, GOPAL SRI RAM, VC GEORGE
MOHD DALHAR BIN REDZWAN – Appellant
Versus
DATUK BANDAR DEWAN BANDARAYA KUALA LUMPUR – Respondent


Advocates:
Su Tiang Joo (Jayne Koe with him) (Cheah Teh & Su) for the applicants.
Junaidah bte Abdul Rahman (Deputy Public Prosecutor) for the respondent.

JUDGMENTBY: SHAIK DAUD JCA

SHAIK DAUD JCA I have had the privilege of reading in drafts both the judgments of my brothers, VC George and Gopal Sri Ram JJCA. In my view, there is a lacuna in the law on the refusal of a judge to exercise his revisionary powers but I feel the court is not the place to fill in this lacuna.

I therefore concur with the judgment of my brother, Gopal Sri Ram JCA.

Gopal Sri Ram JCA (delivering the majority judgment of the court): This court was moved on 6 February 1995, by the applicants for leave to refer certain questions to this court under s 66(1) of the Courts of Judicature Act 1964, which I will refer to as the Act throughout this judgment. Having heard argument, we reserved judgment. I now hand down the conclusions I have arrived at and the reasons for them.

Although there is a reference in the motion to s 66(5)(b) of the Act, the first prayer asks for an order in the following terms:

(a) Pemohon-pemohon diberi kebenaran untuk merayu kepada Mahkamah

Rayuan Malaysia terhadap keputusan Yang Arif Dato Syed Ahmad

Idid bin Syed Abdullah Idid yang diberi pada 20 Oktober 1994 yang

memutuskan bahawa berdasarkan kep

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