Back
HIGH COURT MALAYA KUALA LUMPUR
A KAILESH R ARUMUGAM – Appellant
Versus
ADVOCATES & SOLICITORS DISCIPLINARY BOARD & ORS – Respondent
| Table of Content |
|---|
| 1. applicant filed for jurisdictional challenge. (Para 1 , 3) |
| 2. court's conclusion and order on the os. (Para 2 , 24) |
| 3. arguments on jurisdiction and fair trial rights. (Para 4 , 5 , 6) |
| 4. court's analysis of procedural fairness violations. (Para 7 , 9 , 10 , 11 , 12 , 14 , 15 , 16 , 19 , 20 , 21) |
| 5. inquiry deemed illegal due to jurisdictional oversight. (Para 22 , 23) |
Introduction
[1] The Applicant had on 11 January 2023 filed an application by way of Originating Summons (OS) (encl 1) seeking inter alia the following orders:
1.1 a declaration that the 1st, 2nd, 3rd and 4th Respondents' jurisdiction and power to inquire into the Compliant has lapsed;
1.2 an order that the 1st, 2nd, 3rd and 4th Respondents be prohibited from further inquiring into the Complaint;
1.3 an order that the inquiry into the Complaint be suspended pending the disposal of this OS;
1.4 an order for such other relief as deemed fit; and
1.5 an order that the costs of and incidental to this OS be provided for.
[2] After the hearing, I allowed prayer 1.2 of the Applicant's OS (Enclosure 1). This judgment contains the reasons for my decision.
Background Facts
[3] The facts gathered fro
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
