2008 MLJ Vol 5 Page 226: Is It Still Good Law? A Detailed Analysis

High Court Malaya Shah Alam

[2008] 8 MLJ 161 , it was decided by Low Hop Bing J (as he then was): "It is trite law that the charge in question must be precisely formulated to include the specific accusation against the plaintiff who has the right to know and must have notice of the ... PP, [1981] 1 MLJ 222). ... her that it was a double deck bed (katil bertingkat) where the rape took place (page 44, Record of Appeal, vol 1). ... thinking that PW10 might change her handphone number (page 143, Re....

Industrial Court

Malhotra, Vol. 3rd Edn, at page 716 it states: "A rule empowering the tribunal to proceed ex-parte if a party is absent and sufficient cause is not shown for his absent, would not enable it either to do away with the inquiry or straightway pass on an award without giving a finding ... , had failed to attend this court for hearing which was originally fixed on 21 April 2008. ... Assunta Hospital , [1981] 1 MLJ 304 held that the Industrial court is authorized to award monetary compensat....

Court Of Appeal Putrajaya

[ROA Vol 2(1) page 263 and 265.]" ... [ROA vol 2(2) Part C, page 348-350]. ... In this case, ZZ Holdings has not proven that the corporate information contained in the print out of the SSM [ROA vol 2(1) Part C, page 136] is inaccurate. ... Thus, the only way to prove membership of ZZ Trading in ZZ Holdings is by production of the register of member, and not to rely on the computer printout from the SSM [ROA vol 2(1) Part C, #HL_STAR....

Irwani Abdullah, Issues of Implementing Islamic Hire Purchase in Dual Banking Systems: Malaysia's Experience, Thunderbird International Business Review , Vol. 49(2), at page: 226-228). ... Denial in a defence does not constitute evidence (see Abercrombie & Fitch Co & Anor v. Fashion Factory Outlet KL Sdn Bhd & Ors [2007] 3 MLRH 828; [2008] 4 MLJ 127; [2008] 7 CLJ 413). ... The determination of whether an issue is or is not triable must necessarily de....

[2] The appellant and respondent had relied on the following cases: (i) ; [2018] 2 MLJ 265; [2018] 2 CLJ 1; (ii) ; [2008] 7 MLJ 215; [2008] 10 CLJ 101; (iii) ; [2013] 5 MLJ 640; [2013 ... ] 5 MLJ 536; [2017] 10 CLJ 417; [2017] 7 AMR 641; (xiii) ; (xiv) ; [2019] 7 CLJ 223. ... Law Society of Alberta is at pg 118 of Vol. 2 of the Appellants BOA - see pg 122 para 11 for the above passage.) ... ] 7 MLJ#HL_EN....

, there are other circumstances which indicate that the evidence of the witnesses which he accepted is not credible, the appellate Court should not reverse the findings of fact by the trial judge (see ; [2005] 2 MLJ 1; [2004] 4 CLJ 309; [2004] 6 AMR 781, ; [2008] 6 ... [41] By majority, the Federal Court held that Selva Kumar (supra), is still good law. ... CLJ 44, ; [2010] 4 MLJ 577; [2010] 6 CLJ 857 and ; [2013] 6 MLJ 523). ... too remote; then th....

Court of Appeal Putrajaya

Dato Yalumallai @ MRamalingam VMuthusamy, [2016] 5 MLJ 590). What happened in the instant appeal as clearly reflected in the sealed order was (ROA Vol 1(A), p 46): "... ... [41] By majority, the Federal Court held that Selva Kumar (supra), is still good law. ... Lee Ing Chin & Ors, [2005] 2 MLJ 1, Samaworld Asia Sdn Bhd & Anor v. RHB Bank Bhd; [2008] 6 CLJ 44, Ming Holdings (M) Sdn Bhd v. Syed Azahari Noh Shahabudin & Anor; [2010] 4 MLJ 577; [2010....

[ROA Vol 2(1) page 263 and 265.]" ... In this case, ZZ Holdings has not proven that the corporate information contained in the print out of the SSM [ROA vol 2(1) Part C, page 136] is inaccurate. ... Thus, the only way to prove membership of ZZ Trading in ZZ Holdings is by production of the register of member, and not to rely on the computer printout from the SSM [ROA vol 2(1) Part C, page 136]. ... This is reflected in the Respondent's Affidavit in o....

Malhotra, Vol. 3rd Edn, at page 716 it states: "A rule empowering the tribunal to proceed ex-parte if a party is absent and sufficient cause is not shown for his absent, would not enable it either to do away with the inquiry or straightway pass on an award without giving a finding on the merits ... had failed to attend this court for hearing which was originally fixed on 21 April 2008. ... Thus, it is the law that the process by which the suitability for regular employment is assessed....

Malhotra, Vol. 3rd Edn, at page 716 it states: "A rule empowering the tribunal to proceed ex-parte if a party is absent and sufficient cause is not shown for his absent, would not enable it either to do away with the inquiry or straightway pass on an award without giving a finding ... Thus, it is the law that the process by which the suitability for regular employment is assessed by the employer must be fair. ie, not capricious, arbitrary or tainted by unfair labour practice. ... Assu....

2015 0 Supreme(Ori) 450

(See Rashbehary Ghose Law of Mortgages, Vol. II, Fourth Edn. page 784): Para-80(5) I need not point out that this restraint on the exercise of the power of sale will be exercised by Courts only under the limited circumstances mentioned above because otherwise to grant such an injunction would be to cancel one of the clauses of the deed to which both the parties had agreed and annul one of the chief securities on which persons advancing moneys on mortgages rely. As discussed earlier in this judgment, we find that it will be open to maintain a Civil Suit in Civil Court, withi....

2013 0 Supreme(Mad) 3974

In the decision SURIYA Vs. STATE OF TAMIL NADU {2008 (5) MLJ at page 547, wherein at special page 548, it is held thus:- "As rightly pointed out by the learned counsel for the third respondent, the petitioner is stated to have been carrying on commercial activities in the ground floor to the extent of 1043.05 Sq.Mtrs and Cottage industrial activities in an area about 900 Sq.Mtrs., as per the rules the permissible floor area for carrying on a trading activity is only to an extent of 20 Sq.Mtrs. To put it differently, if a blatant violator of the law attempts to take advantag....

2010 0 Supreme(Mad) 4773

(iv) (2010) 2 SCC page 497- G.Vallikumari vs. Andhra Education Society and others. (iii) (2008) 5 MLJ page 350 (DB) - Subramanian vs. Government of Tamil Nadu and others.

2010 0 Supreme(Raj) 239

State of Rajasthan Western Law Cases 2001 Vol. 5 page 581. The learned counsel for the appellant further argued that the there is gross violation of section 55 of the NDPS Act as prosecution failed to establish the fact that the seal was not tampered with as PW.20 Jagmal Singh has deposed in his statement that seal which was used in seizing the contraband has been destroyed on spot but surprisingly same seal has been used on Malkhana register, exhibit P. 40 A and it is highly impossible for human being to use the destroyed article again.

2009 0 Supreme(Mad) 2942

14. In (2008) 8 MLJ 105 : (2008) 5 CTC 319 at page 320 where in it is observed that at p. 111 of MLJ: