SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2009 MarsdenLR 2703

COURT OF APPEAL PUTRAJAYA
VELLASAMY PENNUSAMY & ORS – Appellant
Versus
GURBACHAN SINGH BAGAWAN SINGH & ORS – Respondent


Petitioner Advocates:DP Vijandran,NP Ramachandran ,Respondent Advocate: Malik Imtiaz Sarwar

Table of Content
1. appeal involves the fiduciary relationship of solicitors. (Para 1 , 4 , 5)
2. background of land ownership transfer and its complexity. (Para 8 , 28)
3. constructive trust arises from the actions of sppkb. (Para 44 , 66)
4. trial judge's findings supported by the evidence. (Para 60 , 61 , 62)
Zainun Ali JCA:

[1]This appeal involves interesting issues inter alia, those relating to the often tricky question of the extent in which a solicitors relationship with his client becomes fiduciary.

[2]This appeal saw copious amounts of materials with 93 exhibits, 33 witnesses, 157 documents and close to 1,000 pages of notes of evidence, making it appear more complex and formidable than it is.

[3]However out of the morass, in my view only three issues present themselves for consideration. They are:

(i) Whether the Plaintiffs and others, (now referred to as "Plaintiffs and sub-purchasers") claiming to represent 213 others as original purchasers of the said land, retained an equitable right thereof, which was not extinguished despite the various subsequent dealings with the land;

(ii) whether the 1st Defendant acted as solicitor for the Plaintiffs and thus had purchased the said land a

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top