Right to Be Heard in Ad Hoc Foreign Counsel Admissions: Malaysian Legal Insights

High Court Malaya Kuala Lumpur

in which the applicant intends to appear; and the originating motion and affidavit or affidavits shall be served on the Attorney-General, the Bar Council and the other party or parties to such case. ... Ad hoc admission of a foreign legal practitioner under s 8A of the Advocates and Solicitors Ordinance 1947 [M.U.4 of 1947] was provided in s 18 of the a href="./.. ... LPA thus bringin....

High Court Malaya Shah Alam

Still, it is pertinent as a guide that the usage of foreign law is not applicable in its entirety, and Malaysian law is not to be left out in the cold. [28] I agree with the Respondent that the jurisdiction of the Malaysian courts over the Appellant's case is not in dispute. ... As both parties had agreed to submit to the jurisdiction of the Malaysian Court , the case was evaluated in a....

Court of Appeal Putrajaya

Especially a case of theft of public monies involving a prime minister of such a magnitude. ... The right of the Malaysians to know the truth must prevail over the plaintiff's right to protect his reputation. ... The defendant is a well known politician who holds the position of advisor to the Democratic Action Party (DAP), a major political party in Malaysia. ... Para 5.4 - Plaintiff R....

High Court Malaya Kuala Lumpur

The Court held that "the plaintiff need not satisfy the Court that he is right. His burden is only to make it 'sufficiently to appear... that the case is a proper one for service out of the jurisdiction under this Order'." ... Scope Of Judgment [14] In the context of this case, OS 323 and this Originating Summons were jointly heard, centring on fundamentally the same facts, ... [10] Th....

they wish to appear for their case to be adjudicated upon. ... they wish to appear for their case to be adjudicated upon. ... The Malaysian judge, Chief Judge Malek, said that it was a Malaysian deal so the dispute should be heard by a Malaysian court.' ... Originally a counsel at the Malaysian law firm of Shook Lin ....

2024 0 Supreme(Gau) 197

We have heard Shri A. Chamuah, learned counsel for the petitioner. We have also heard Ms. A. Verma, learned Standing Counsel, Home Department, Assam, Shri H. Kuli, learned counsel appearing on behalf of Shri A.I. Ali, learned Standing Counsel, Election Commission of India and Shri P. ... , the opinion was rendered declaring the petitioner to be a foreign national post 2....

High Court Malaya Shah Alam

[52] Based on the above common law rules, this Court could not find the defendant's counsel's complaints under the head of defence of breach of natural justice could avail the defendant any right to oppose the recognition of the foreign judgment. ... Cape in regard to 'substantial justice' has to be understood in its context. ... [19] The defendant's counsel submitted that "where an arbitration clause i....

2022 Supreme(HK)(HKCFA) 6

Thus, Question 1 §1(2) contains the suggestion that admission of any overseas counsel would tend to defeat the aim of countering “interference in the HKSAR’s affairs by foreign or external forces”. ... The first such point concerned the SJ’s suggestion that the ad hoc admission might tend to defeat the aim of preventing “interference in the HKSAR’s affairs by foreign or external ....

2024 0 Supreme(Gau) 345

We have heard Shri M.U. Mahmud, learned counsel for the petitioner. We have also heard Ms. A. Verma, learned Standing Counsel, Home Department, Assam, Shri H. Kuli, learned counsel appearing on behalf of Shri A.I. Ali, learned Standing Counsel, Election Commission of India and Shri P. ... Though, in an exceptional case wherein a party can conclusively ....

High Court Malaya Kuala Lumpur

The Court held that "the plaintiff need not satisfy the Court that he is right. His burden is only to make it 'sufficiently to appear... that the case is a proper one for service out of the jurisdiction under this Order'." ... Scope Of Judgment [14] In the context of this case, this Originating Summons and OS 322 were jointly heard, centring on fundamentally the same facts, issues and .....

2020 0 Supreme(Del) 168

While there is no doubt in our mind that ad-hoc employees cannot be exempt from the process of regular appointment only because of their legitimate employment on an ad-hoc basis and ordinarily, on termination of the contract, such contractual or ad-hoc employees have no right to insist on renewal of the contract, in circumstances where there is arbitrariness writ large, courts have not hesitated in extending protection to the aggrieved party. The validity of a termination ord....

2017 0 Supreme(UK) 256

Even the appellants could apply (in fact, it is brought to our notice also that some of the Coordinators did apply but were unsuccessful). This is not a case, where an ad-hoc appointee is replaced by another ad-hoc appointee. If a person is on deputation, we would think that there is no scope for applying the principle that an ad-hoc appointee can be replaced only by a regular appointee and not by another ad-hoc appointee. This is a case where persons selected on deputation, ....

2016 0 Supreme(All) 140

The accrual of right of consideration is the ‘due date’ and it is this date from which a person acquires a right to hold the post and services so rendered from the due date not being fortuitous are bound to be treated as officiating services. In the context of Regularisation Rules, the ‘due date’ on which the right of consideration of an ad hoc employee accrues does not appear to have been dealt with much in the case laws. Having regard to the scheme of Regularisation Rules a....

2012 0 Supreme(All) 3346

It is in this context, Hon’ble M. Katju, J. (as His Lordship then was) said that Regulation I talks of only “four years of teaching experience” and, therefore, experience gained while working on ad hoc basis cannot be excluded for the reason that ad hoc appointment in case of Teacher is not illegal as such, since permitted under the Statute, it is a legal appointment. The Court, however, relied on decision in Ram Swaroop v. State of U.P. (supra) for the purpose that therein i....

2008 0 Supreme(All) 2211

In my view none of the aforesaid authorities could help the petitioners in the present case. Here is not a case where an ad-hoc appointment without any limitation of period was made and is sought to be substituted by another ad-hoc. The question of substitution of the petitioners does not arise since they have already ceased to be in employment after expiry of the period for which they were appointed. Here is a case where a time bound appointment was made and after completion....