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1993 MarsdenLR 826

HIGH COURT MALAYA JOHOR BAHRU
MUI BANK BHD JOHOR – Appellant
Versus
TEE PUAT KUAY @ TEE PUAT KWAY – Respondent


Petitioner Advocates:Nagarajah Muttiah ,Respondent Advocate: Gana Muthusamy

JUDGMENT

Alauddin Mohd Sheriff J:

[1] MUI Bank Berhad Johor, the applicant, filed an application by way of notice of originating motion (encl 10) for-

[2] An order for certiorari to remove into this Court for the purpose of it being quashed the award of the Industrial Court made on 9 October 1992 that is Industrial Court Award No 270 of 1992.

[3] The grounds as set forth in the copy of the statement filed on 31 October 1992 are-

(1) The Industrial Court committed an error of law and jurisdiction in that it concluded that on a charge of misappropriation the Domestic Inquiry is required to find that the evidence would "... conclusively point to the claimant" as being guilty.

(2) The Industrial Court committed an error of law and of jurisdiction by asking itself the wrong question that is whether the Domestic Inquiry had conclusively found the respondent to be guilty.

(3) The Industrial Court committed an error of law and jurisdiction in concluding that the applicant "condoned" the actions of the respondent within the meaning of that term and law.

(4) The Industrial Court committed an error in law and jurisdiction by invoking s 114(g) of the Evidence Act when there was no clear evidence befor

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