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Legal News

Underage marriage needs permission: Syariah Court Chief Judge

Tengku Fakhry wins RM6mil in damages against wife Manohara

Ex-Labuan MP charged with failing to declare bankrupt status while acting as guarantor

Former lawyer gets jail and rotan for RM97,000 CBT case

High Court sets April 8 for Kelantan Regent case

Court rejects man s guilty plea

Federal Court: Anwar s dismissal is lawful

Court: Selangor MB need not pay Bank Islam yet

Hearing for Anwar s application set for May 11

Dismissed driver loses bid for new court order

9/11 suspects should face civilian court, U.N. envoys say

High Court Finds Lawyers and Their Advice Covered by Bankruptcy Reform Law

HK milkshake murder retrial set for November

U.S. Supreme Court considers terrorism support law

Japan threatens legal move over China gas row

Haitian judge frees eight Americans, holds two

Accused New York bomb plotter s father gets bail

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Malaysian Legal Cases

BANKRUPTCY
Order of bankruptcy - Annulment of - Effect of annulment - Whether effect of annulment to appellant as if he was never a bankrupt - Re Keet - Bankruptcy Act 1967, s. 105
Sardar Mohd Roshan Khan v. Perwira Affin Bank Bhd
(Zaki Tun Azmi CJ, Richard Malanjum CJ (Sabah & Sarawak) & James Foong FCJ) [2010] 2 CLJ 661 [FC]

LAND LAW
Title - Indefeasibility of title - Allegation of fraud - Whether sufficient to raise allegation - Whether specific particulars must be pleaded - Whether action to attack registered owner s title must be initiated - National Land Code 1965, s. 340(1)
Wong Yew Kwan v. Wong Yu Ke & Anor
(Gopal Sri Ram, Zaleha Zahari & Zainun Ali JJCA) [2010] 2 CLJ 703 [CA]

CASE OF THE WEEK

BAHARUDIN AHMAD v. PP
HIGH COURT MALAYA, KANGAR
ZAMANI RAHIM JC
[CRIMINAL APPEAL NOS: 42-06-06 & 42-07-06]
27 NOVEMBER 2009

CRIMINAL LAW: Anti-Corruption Act 1997 - Soliciting for gratification - Demand of percentage or agreement to accept cash/cheque - Whether amounted to gratification - Whether there was sufficient evidence to show accused demanded percentage of 3% as contingency - Whether prosecution established prima facie case against accused - Whether accused failed to rebut presumption under s. 42(3) ACA 1997 - Whether there was reason to disturb convictions imposed by the Sessions Court Judge - Anti-Corruption Act 1997, ss. 10(a)(bb), 11(a)

CRIMINAL LAW: Penal Code - Section 165 - Accepting without consideration valuable things in connection with official functions - Ingredients - Prima facie case - Whether proved - Evidence of prosecution - Whether properly and adequately evaluated

LEGISLATION HIGLIGHTS

New Labuan Financial Laws Passed

With the enactment of the new laws, Labuan Offshore Financial Services Authority  (LOFSA) will be referred to as Labuan Financial Services Authority ("Labuan FSA"). The changes cover all financial activities in Labuan IBFC – from banking, insurance, leasing and company incorporation to the creation of Islamic financial products and services. The new Laws also allow for the creation of Labuan foundations, limited liability partnerships, protected cell companies (insurance and mutual funds), shipping operations, Labuan special trusts and financial planning activities.

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