ELDAYU YUNUS v. MALAYSIA AIRPORTS HOLDINGS BHD
INDUSTRIAL COURT, SABAH
AWARD NO. 1577 OF 2023 [CASE NO: 17-4-761-21]
17 JULY 2023
Abstract – An employee, in this case one who was entitled to a medical quota for six people including for a husband in his 50s and five children who were between one to seven, could not be said to have abused her medical benefits by visiting the same clinic many times when the letter of offer as well as the collective agreements, in the first place, do not reveal any limitations in the number of visits to the clinics as well as to the amount that could be charged by the clinic for each visit.
MAJLIS PEGUAM MALAYSIA v. MICHAEL JOSEPH CARVALHO & ANOR
FEDERAL COURT, PUTRAJAYA
MOHAMAD ZABIDIN MOHD DIAH CJ (MALAYA); ABDUL RAHMAN SEBLI CJ; RHODZARIAH BUJANG FCJ
[CIVIL APPEAL NO: 02(f)-5-02-2023]
28 AUGUST 2023
(i) In cases involving dishonesty by advocates and solicitors, s. 80(8) and (9) of the Legal Profession Act 1976 ('LPA') makes no distinction between an advocate and solicitor who practices as a sole proprietor and an advocate and solicitor who practices in a partnership; (ii) Paragraph 2(b) of the Guidelines on Making a Claim for Compensation is inconsistent with s. 80(8) and (9) of the LPA and is unlawful and liable to be struck down. The power of the Bar Council to make rules or Guidelines in respect of the procedure to be followed in protecting the Bar Council's compensation fund from depletion does not extend to extinguishing the statutory right given to a person by s. 80(8) of the LPA to apply for a grant out of the compensation fund for losses due to the dishonest acts of advocates and solicitors practising in partnerships.
DATO' MOHAMAD SHAHUL HAMEED v. DATIN MAZITA OSMAN
COURT OF APPEAL, PUTRAJAYA
AB KARIM AB JALIL JCA; GUNALAN MUNIANDY JCA; AZIMAH OMAR J
[CIVIL APPEAL NO: C-02(NCvC)(W)-655-04-2021]
25 JULY 2023
In principle, a partnership agreement can exist orally without the formality of an executed partnership premised on the negotiations, factual matrix, exchanges and the intention of the relevant parties to enter into a legally binding contractual relationship ie, a receipt of a share of profits in the business is prima facie evidence of partnetship. When there is unequivocal documentary evidence supporting the claim that one is recognised as an equal profit sharing partner of a firm, the existence of an equal partnership cannot be doubted.
- Yap Yee Huat lwn. PP  1 LNS 1764 [CA]
- Pali Ptp Sdn Bhd v. Bond M&e Sdn Bhd & Anor Appeal  1 LNS 1787 [CA]
- National Feedlot Corporation Sdn Bhd & Ors v. Public Bank Berhad  1 LNS 1802 [CA]
- Tang Ka Leong v. Yong Siew Chen & Anor  1 LNS 1765 [CA]
- Mohammad Firdaus Mohsin lwn. PP  1 LNS 1763 [CA]
- Mlgh (Sabah) Sdn Bhd & Anor v. Rainbow Bay Sdn Bhd & Another Appeal  1 LNS 1678 [CA]
- Mashudan Kamar & Ors v. Bank Islam Malaysia Berhad  1 LNS 1709 [CA]
- Majlis Peguam Malaysia v. Michael Joseph Carvalho & Anor  8 CLJ 835 [FC]
- Universiti Teknologi Mara v. Magna Metier Sdn Bhd  1 LNS 1773 [CA]
- Mmc Tepat Teknik Sdn Bhd v. Pentadbir Tanah Daerah Klang & Anor And Other Appeals  1 LNS 1662 [FC]
“Applying the above principle of law in interpreting s. 31 of the Bank Kerjasama Rakyat Malaysia Berhad (Special Provisions) Act 1978 (Act 202), it is plain and obvious that the discretion was given to the Menteri Pembangunan Usahawan dan Koperasi (second respondent) with the concurrence of the Minister of Finance, to decide on the termination of the Act 202. The exercise of discretion can be done at any time if it appears to the second respondent that the enforcement of the Act 202 is no longer necessary. Under the law, only the second respondent with the concurrence of the Minister of Finance can determine the appropriate time to terminate the enforcement of the Act 202. From the unambiguous right given under sub-s. 3(1) of the Act 202, second respondent rejected the applicants’ application citing the following reason: “Saya berpandangan dengan melihat kepada keadaan semasa, ini bukan masa yang sesuai untuk Bank Rakyat beroperasi dan ditadbir tanpa kawalan daripada Kementerian Pembangunan Usahawan bagi menjaga kepentingan Bank Rakyat secara keseluruhan" as clearly stated in the rejection letter.”
“From the given reason, it is comprehensible that the second respondent had purely made a policy decision in exercising his discretionary power. As a Minister that oversee the implementation and the enforcement of the Act 202, the second respondent had clearly indicated that it is not suitable to terminate the operation of the Act 202 under the current situation. It is trite that the courts normally do not meddle with the policy decision.” - Per Che Mohd Ruzima Ghazali JCA in Tan Sri Abdul Aziz Zainal & Ors v. Lembaga Pengarah Bank Kerjasama Rakyat Malaysia Bhd & Ors  8 CLJ 422
“In OS 1306, the defendants moved the court on ex parte basis to obtain three declarations order specifically under sub-s. 96(1) of the Road Transport Act 1987 (RTA), sub-s. 59(2) and para. 65(1)(a) of the Subordinate Courts Act 1948, and O. 7 r. 3 of the ROC. No amendment has been made to the intitulement so far. Therefore, the defendants cannot come before us and argue that their OS 1306 was based on a provision of the law which is not mentioned in the intitulement, that is sub-s. 96(3) of the RTA.”
“Thus, the question is, can the defendants come to court to seek declaration orders under sub-s. 96(1) of the RTA in OS 1306? We have to answer the question in the negative. It is clear that the provision to make a declaration can only be found generally under s. 41 of the Specific Relief Act 1950 or specifically under sub-s. 96(3) of the RTA in the case of repudiating liability under an insurance claim. We find that the courts are not equipped with the necessary power or jurisdiction to hear and make a declaration under sub-s. 96(1) of the RTA. Based on that proposition, we are of the view that the ex parte order is irregularly obtained.”
“Therefore, on these two points alone, namely on the plaintiffs' right to be heard and on the clear provision of law, that is under s. 96 of the RTA and coupled with the trite principle of the procedure on intitulement, we are of the considered view that the ex parte order can no longer be defended by the defendants. The LHCJ can validly review the ex parte order given to the defendants and is further justified to make an order to set it aside.” - Per Che Mohd Ruzima Ghazali JCA in MMIP Services Sdn Bhd & Ors v. Mohd Syed Syed Jamaludin & Ors  8 CLJ 217
“We have, therefore, in the exercise of our appellate duty as the apex court, reviewed s. 71(1) of the Child Act (CA) as a whole and hold that the concluding phrase “the Court for Children shall, after considering the probation report, send the child to a Henry Gurney School” requires the court to evaluate on the explanation of the welfare officer in the probation report with regard to the unsuitability of the appellant to be rehabilitated in an approved school. In the absence of such an explanation, we find that the order imposed on the appellant based on the infirmed probation report is illegal.
Moreover, we find that the learned Judicial Commissioner did not properly interpret and apply s. 71(1)(c) of the CA as elucidated by us above. She seems to have overly focused on the despicable acts of the appellant; the appellant must thus be punished with a custodial punishment. We also noticed that the learned Judicial Commissioner had, in several parts of her judgment, referred to and relied on old law based on repealed portions of the CA which had been amended by the Child (Amendment) Act 2016 in relation to the appellant's parents' inability to control him. This is plainly impermissible.” - Per Lim Chong Fong JCA in MNZMN v. PP & Other Appeals  6 CLJ 505
“There is cogent evidence from the study conducted by an august international body, no less than the United Nations, which justifies the legislative intent in our case to allow a woman charged under SOSMA to be on bail.
Although we do not have the statistics to back us up, but we could confidently state that in all of our years with the Judiciary, a female accused jumping bail is not as common an occurrence as that of a male accused. So, we could fully appreciate where the views expressed in the above-mentioned reports came from and the rationality of the same. Obviously, the discrimination based on gender here is in our view, both reasonable and permissible because it satisfies the two conditions laid down in Datuk Hj Harun’s case (supra) which is, that it is founded on an intelligible differentia and there is a rational nexus between the object of SOSMA which is clearly enacted for the prevention of acts prejudicial to public order and security of our nation or any part thereof.
The overarching importance of ensuring that those accused of the crimes under SOSMA would not be given the opportunity to scuttle the investigation and the ensuing trial of the case by absconding or interfering with the witnesses to be called in it. Given that deep concern, the United Nation’s empirical study and the Commission of Pakistan's report highlighted earlier provide the rationality of allowing the said gender discrimination.” - Per Rhodzariah Bujang FCJ in Samat Yamin v. PP  6 CLJ 1
“The court must show its abhorrence to the rampancy of crimes of a sexual nature committed against children and therefore, a deterrent sentence was warranted.
“Amang seksual fizikal” or “physical sexual assault” is part of the larger offence of “sexual grooming” when committed on a child. The provisions in the Sexual Offences Against Children Act 2017 have been drafted to cater to such situations, to the minutest detail.
Sexual grooming is also recognised in other countries. In an entry in the State of Victoria, Australia website: “Grooming is when a person engages in predatory conduct to prepare a child or young person for sexual activity at a later time. Young people are often ‘groomed’ before they are sexually abused. At first, they may be tricked into thinking they are in a safe and normal relationship so they may not know it’s happening or may feel they have no choice but to be abused.” – Per Noor Ruwena Md Nurdin JC in Noor Azmi Ibrahim v. PP & Other Cases  6 CLJ 906
( as of 05 September 2023)
- ACT 326
Printing of Qur'Anic Texts Act 1986
- ACT 665
Malaysia Co-Operative Societies Commission Act 2007
- PU(A) 132/2023
Windfall Profit Levy (Amendment) Regulations 2023
- ACT 438
Free Zones Act 1990
- ACT 438
Free Zones Act 1990
(as of 17 August 2023)
- PU(A) 49/2016
Malaysia Deposit Insurance Corporation (First Premium and Annual Premium in Respect of Insurer Members) Order 2016
- PU(A) 496/2012
Malaysia Deposit Insurance Corporation (Differential Premium Systems in Respect of Insurer Members) Regulations 2012
- PU(A) 28/2011
Malaysia Deposit Insurance Corporation (Annual Premium and First Premium in Respect of Deposit-Taking Members) Order 2011
- PU(A) 34/2011
Malaysia Deposit Insurance Corporation (Differential Premium Systems in Respect of Deposit-Taking Members) Regulations 2011
- PU(A) 80/2023
Road Transport (Prohibition of Use of Road) (Federal Roads) (No. 5) Order 2023
- ACT 848
Fees (Department Of Broadcasting Malaysia) (Validation) Act 2023
- ACT 847
Revision Of Sentence Of Death And Imprisonment For Natural Life (Temporary Jurisdiction Of The Federal Court) Act 2023
- ACT 846
Abolition Of Mandatory Death Penalty Act 2023
- ACT 845
Finance Act 2023
- ACT 844
The Pure Life Society (Shuddha Samajam) Incorporation Act 1957 (Revised 2023)
- PU(A) 246/2023
Road Transport (Prohibition Of Use Of Road) (Federal Roads) (No. 19) Order 2023
- PU(A) 245/2023
Kuala Lumpur Regional Centre For Arbitration (Privileges And Immunities) (Amendment) Regulations 2023
- PU(A) 244/2023
Weight Restrictions (Federal Roads) (Amendment) Order 2023
- PU(A) 243/2023
Customs Duties (Exemption) (Amendment) (No. 3) Order 2023
- PU(A) 242/2023
Income Tax (For An Individual Resident Who Is Not A Citizen And Holds C Suite Position In An Approved Company) Rules 2023
- PU(B) 405/2023
Appointment And Revocation Of Appointment Of Commissioner Of Buildings And Deputy Commissioner Of Buildings For The Federal Territory Of Labuan
- PU(B) 404/2023
Appointment Of Registrar For Persons With Disabilities
- PU(B) 403/2023
Notice Under Section 70
- PU(B) 402/2023
Notice Under Section 70
- PU(B) 401/2023
Results Of Contested Election And Statement Of The Poll After The Official Addition Of Votes For The By-Election Of P.161 Pulai
- Bills 2022
- Government Of Kelantan Gazette - Syariah Criminal Code (Ii) (1993) 2015
- Legislation: An Overview
- Legislation: FAQs
- Appeals Court overturns High Court's decision on unlawful detention of MyWatch ex-chairman 15/09/2023
- Court fines Klang AFO business manager RM17,000 in false claim verdict 15/09/2023
- Court of Appeal takes away RM300,000 wrongful detention compensation award from ex-ranger 14/09/2023
- Court defers NGOs’ appeal on Bukit Cherakah degazettement 14/09/2023
- Appeals Court upholds High Court sentencing of former Asia Media Group accountant for money laundering 13/09/2023
- Woman's double marriage shocks husband 13/09/2023
- Hairun breaks down in tears after Court of Appeal overturns death penalty 12/09/2023
- Papagomo fined RM2,100 for hurting, insulting Syed Saddiq 12/09/2023
- Acquittal stands, Court of Appeal strikes out appeal against Najib 12/09/2023
- Appeals Court dismisses appeal by teenager found guilty of tahfiz fire 11/09/2023
by GREGORY DAS*
The Federal Court in Wiramuda (M) Sdn Bhd v. Ketua Pengarah Hasil Dalam Negeri  8 CLJ 21 delivered a landmark ruling to declare as unconstitutional and strike down s. 4C of the Income Tax Act 1967 (“the Act”).
That provision permitted the taxation of compensation for the compulsory acquisition of land.
By the Wiramuda decision, the Director General of Inland Revenue can no longer issue notices of assessment to tax such compensation received by landowners who have had their lands compulsorily acquired by the State.
However, questions have arisen on whether the Wiramuda decision is of retrospective effect to render as invalid the decisions of the Director General of Inland Revenue to tax such compensation under s. 4C of the Act that were made before the Federal Court decision1.
by G. Naidu
1. The Motor Insurance Bureau of Malaysia ("MIB") was established with a view to provide for compensation for road accident victims in certain cases where the insurers were unable to do so. To facilitate a better understanding of the role of the MIB, it would be beneficial to briefly explore the law relating to motor insurance.
2. Cars have become a convenient and necessary mode of transport with an annual increase in sales. With this came a corresponding increase in road accidents which resulted in many people getting injured, and some dying. In the past, some car owners who were at fault were wealthy enough to pay the damages awarded by the courts, but many others were unable to do so.
3. This left many victims of motor accidents uncompensated. In the UK in the 1920s the issue of distributing risk in relation to accidents to private bodies and public authorities was considered.
4. One such example albeit not in respect of a motor accident is the Workmen's Compensation Act where an employee injured in the course of employment was entitled to be compensated if he came within the ambit of the Act.
by Norhartijah Puteh[i] Cecep Soleh Kurniawan[ii]
Child marriage remains a controversial topic and is still prevalent in today's society. Brunei Darussalam, a country that applies Shariah and common law, is also impacted by this. The legal system permits marriage through the civil and the Shariah courts; however, interpretations for the minimum age of marriage are inconsistent. As a result, the United Nations has urged that the minimum marriage age in the country be raised and set at 18 years old. To shed light on the practical application of the laws, references to the Islamic Family Law Act, the Marriage Act, and the Chinese Marriage Act of Brunei were made in this article. In addition, a thorough examination of education laws was conducted to verify their adherence to their implementation. This article explores the above matter in the context of Islamic perspectives and adopts a qualitative approach, including examining the primary and secondary sources to discuss the practice and its implications. The findings highlight that mandatory education may reduce child marriage even though Islamic law and other marriage laws in the country allow marriage at a younger age.
by Chee Hui Bing[i] Christy Lim Ying Ying[ii] Gan Hsien Yang[iii]
Understanding and applying corporate theories is becoming increasingly important in today's fast-paced business environment. This article provides a brief analysis and discussion of key corporate theories that impact the operational structure and strategic decision-making processes within a corporation. The theories discussed include Concession/Fiction Theory, Realist Theory and Aggregate/Nexus of Contracts Theory among others. We examine each theory in the context of current corporate settings, highlighting the implications for legal issues, organisational efficiency, ethical considerations, sustainability, and corporate social responsibility.
by Nur Anith Nabilah Rusli[i] Nur Sufia Izzati Che Abdul Ghani[ii] Siti Zaimah Zainal Abidin[iii] Dr Nabeel Mahdi Althabhawi[iv]
Despite the fact that few people are familiar with it, anti-dumping laws are not new in Malaysia. Just two years after the nation gained independence, in 1959, the law was established. However, many believe it has to do with disposing of hazardous trash. Generally, the term anti-dumping was created to prevent the importation of foreign goods at prices significantly less than what has been initiated by those countries, according to the World Trade Organization, which is the international organisation whose primary purpose is to open trade for the benefit of all. The Anti-Dumping Agreement, also known as the Agreement on Implementation of Article VI of GATT 1994, elaborates further on the fundamental rules laid out in Article VI to guide the examination, determination, and imposition of anti-dumping duties. This article will concentrate on the legal aspect of anti-dumping attested by Malaysia and Singapore. The idea of this implementation is to encourage governments to take action regarding the issue of dumping for their domestic industries. Malaysia and Singapore both provided the Countervailing and Anti-Dumping Duties Act as provisions to protect local businesses and markets from unfair competition by foreign imports. In Malaysia, MITI, the Ministry of Investment, Trade and Industries, is responsible for international trade issues, while Singapore had their own MTI on the same competency over the exact matter. Both countries take serious concern over this issue as it will undoubtedly bring losses to the countries.
Some 1.5 million jobs are expected to be created in Sarawak up to the year 2030, said Deputy Premier Datuk Amar Douglas Uggah Embas.
He said these jobs will be generated by the many programmes and plans of the state’s Post Covid-19 Development Strategy (PCDS) 2030, of which one of its objectives is to increase the people’s income.
“Out of the total (1.5 million jobs), about 200,000 would be in the technical or skill sector. I have been told that Petros, as the third largest oil and gas company in the country, will need 20,000 technicians or skilled workers.
The Canadian government has presented a sustainable jobs bill intended to prepare workers for a transition to a lower-carbon economy following years of consultation and opposition from Alberta, Canada’s main fossil-fuel producing province.
Canada, the world’s fourth-largest oil producer and sixth-largest natural gas producer, has aimed for a 40 percent to 45 percent reduction in emissions by 2030 and net zero by 2050.
As many as 4.5 million Malaysians are likely to lose their jobs by 2030, if they do not improve their skills or attend reskilling and upskilling programmes with the rise of artificial intelligence (AI).
Human Resources Minister V. Sivakumar said this is based on the 2020 World Economic Forum warning that AI could cause a recession in the job market as it is already being used to automate tasks in various industries including manufacturing, healthcare and customer service.
The Employees Provident Fund yesterday explained that the pension-fund like approach of a monthly drawdown ,still under works, is for a portion of member's savings, up to a certain limit, to be converted into a monthly income.
The remaining portion can be withdrawn lump-sum.
EPF said this is needed to prevent old-age poverty and for consumption smoothing during retirement.
The process of formalising the proposed monthly withdrawal mechanism is still being studied and will take into account the ability and readiness of members to make such transition.
The EPF has been encouraging members to voluntarily shift to regular monthly payout rather than lump-sum withdrawals.
The CBI has revealed plans to cut jobs as it struggles with the fallout from allegations of rape and sexual assault against staff.
The troubled lobby group said it needed to slash its wage bill by a third after a string of members quit the organisation, hitting its revenue.
It comes as members vote on whether to back plans to reform the CBI in a move described as "critical" to its future.
The business group was unable to say how many jobs would go.
However, the CBI, which employs about 337 people in offices around the world, said it would be a "smaller and refocussed organisation in the future".
In a statement it said: "In light of the recent loss of some of our revenue, the CBI has to take some difficult decisions.