CRIMINAL PROCEDURE: Revision - Application for - Application to Federal Court to review decision of its earlier panel - High Court convicted applicants for offence of murder under s. 302 of Penal Code and sentenced both to death - Conviction and sentence affirmed by Court of Appeal - Earlier panel found case under s. 300(d) of Penal Code not made out against applicants - Earlier panel found applicants guilty of culpable homicide - Earlier panel set aside conviction and sentence under s. 302 of Penal Code and substituted with conviction under s. 304(a) of Penal Code - Applicants sentenced to 20 years' imprisonment - Whether earlier panel correct in arriving at decision - Whether decision illegal - Powers of Federal Court in criminal appeals - Whether same as High Court and Court of Appeal - Powers of Federal Court to review its decision - Courts of Judicature Act 1964, s. 86 - Penal Code, ss. 299, 300(d), 302, 304(a) & 304(b)

CRIMINAL PROCEDURE: Appeal - Appeal against conviction and sentence - High Court convicted accused persons for murder under s. 302 of Penal Code and sentenced both to death - Conviction and sentence affirmed by Court of Appeal - Federal Court found case under s. 300(d) of Penal Code not made out against accused persons - Federal Court found accused persons guilty of culpable homicide - Federal Court set aside conviction and sentence under s. 302 of Penal Code and substituted with conviction under s. 304(a) of Penal Code - Accused persons sentenced to 20 years' imprisonment - Whether Federal Court correct in arriving at decision - Whether decision illegal - Penal Code, ss. 299, 300(d), 302, 304(a) & 304(b) 

ELECTION: Petition - Appointment of advocate - Whether valid - Notice of appointment of advocates for respondents - Whether respondents failed to comply with rr. 9 & 34 of Election Petition Rules 1954 - Whether r. 9 of Election Petition Rules 1954 applied only to petitioner - Respondents filed written notices of their appointment at Registrar's office - Whether respondents' advocates complied with requirement of r. 34 of Election Petition Rules 1954

ELECTION: Petition - Jurisdiction - Courts - Place of filing election petition - Whether election petition ought to be filed in High Court Melaka or Kuala Lumpur - Whether different High Courts in Malaya and in Sabah and Sarawak branches of respective High Courts - Whether High Court in Malaya encompasses territories of Melaka and Kuala Lumpur - Whether election petition filed in High Court Kuala Lumpur proper - Whether High Court Kuala Lumpur had jurisdiction to determine challenge of election - Federal Constitution, arts. 118 & 121(1)

ELECTION: Petition - Insufficient particulars - Allegation of - Whether petitioner pleaded facts and grounds of any non-adherence or offences alleged to have been committed - Whether petition properly filed - Whether petition in accordance with rr. 4(1)(b) and 4(4) of Election Petition Rules 1954 

CONSTRUCTION LAW: Adjudication - Adjudication decision - Appeal against - Subcontractor claimed for unpaid balance sum for works done - Main contractor submitted that balance sum was set-off - Subcontractor commenced adjudication proceedings - Adjudicator ordered main contractor to pay balance sum - Whether adjudicator considered main contractor's submission on set-off - Whether there was breach of natural justice - Whether main contractor accorded fair hearing - Whether there was deprivation of right to be heard - Construction Industry Payment and Adjudication Act 2012, s. 6(1)

CONSTRUCTION LAW: Jurisdiction - Adjudicator - Claim against main contractor - Subcontractor commenced adjudication proceedings for unpaid balance sum for works done - Whether there was dispute warranting adjudication - Whether amount of balance sum disputed - Whether adjudicator seized with jurisdiction to adjudicate on matter - Construction Industry Payment and Adjudication Act 2012, s. 6(1)  

CIVIL PROCEDURE: Setting aside - Application for - Application to set aside adjudication decision - Subcontractor commenced adjudication proceedings against main contractor - Claim for unpaid balance sum for works done - Adjudicator ordered main contractor to pay balance sum - Whether adjudicator seized with jurisdiction to adjudicate on matter - Whether adjudicator properly considered submissions - Whether adjudication decision ought to be set aside  

ADMINISTRATIVE LAW: Dismissal from public service - Dismissal from police force - Whether decision-process of Disciplinary Authority compromised and tainted with procedural impropriety - Whether Disciplinary Authority relied on materials or information prejudicial to public servant - Whether public servant afforded opportunity to contradict material - Allegation that Disciplinary Authority's decision based on investigative body's findings - Whether investigative body's findings binding on Disciplinary Authority  

INTELLECTUAL PROPERTY: Trade marks - Infringement of - Trade marks registered under class 32 - Registered trade mark used in counterfeit goods - Action for infringement by import, export, distribution and sale of goods bearing marks identical to or nearly resembling one or more of registered mark - Whether registered proprietor licensed or authorised use of trade mark - Whether use of offending trade mark proven - Whether offending mark purposefully crafted to imitate registered trade mark to mislead consumer - Whether counterfeit goods detrimental or fatal to consumers  

CIVIL PROCEDURE: Mode of commencement - Originating summons - Complainant complained against solicitor for making false representation - Complainant entered into sham transaction following solicitor's advice - Disciplinary Committee ('DC') ordered solicitor to produce documents relevant to transaction - Solicitor filed originating summons seeking declarations that documents protected by solicitor-client privilege - Whether correct mode of commencement - Whether should be by way of judicial review application - Whether matter concerned public or private laws - Whether solicitor exhausted remedy to appeal to Disciplinary Board against DC's order before seeking reliefs at court  

LEGAL PROFESSION: Privilege - Solicitor-client privilege - Complainant complained against solicitor for making false representation - Complainant entered into sham transaction following solicitor's advice - Disciplinary Committee ('DC') ordered solicitor to produce documents relevant to transaction - Whether documents protected by solicitor-client privilege - Whether there was express consent by client - Whether solicitor barred from producing documents - Whether DC bound by solicitor-client privilege - Whether DC seized with jurisdiction to order production of documents - Legal Profession Act 1976, s. 103B(2) - Evidence Act 1950, s. 126(1) 

TORT: Negligence - Duty of care - Injuries suffered by student of Maktab Rendah Sains MARA ('MRSM') - Basketball hoop snapped and collapsed onto student - School located within military camp - Operation of MRSM joint endeavour between MARA and Minister of Defence - Whether owed duty of care to plaintiff to ensure that premises, facilities and equipment safe and not defective - Whether there was breach of duty of care - Whether causal link proven

TORT: Vicarious liability - Personal injuries - Injuries suffered by student of Maktab Rendah Sains MARA ('MRSM') - Basketball hoop snapped and collapsed onto student - School located within military camp - Operation of MRSM joint endeavour between MARA and Minister of Defence - Whether Minister of Defence vicariously liable for negligence of teacher and principal of MRSM and MARA pursuant to doctrine of ratification

TORT: Vicarious liability - Personal injuries - Injuries suffered by student of Maktab Rendah Sains MARA ('MRSM') - Basketball hoop snapped and collapsed onto student - Whether MARA as statutory body vested with responsibility to manage and administer MRSM - Whether MARA vicariously liable for breach of duty of care owed by teacher to student

TORT: Vicarious liability - Government liability - Personal injuries - Injuries suffered by student of Maktab Rendah Sains MARA ('MRSM') - Basketball hoop snapped and collapsed onto student - Operation of MRSM joint endeavour between MARA and Minister of Defence - Whether Minister an 'officer of the government' - Whether Minister breached duty of care to student to ensure that premises, facilities and equipment safe and not defective - Whether Government of Malaysia vicariously liable - Government Proceedings Act 1956, ss. 5 & 6 

COMPANY LAW: Winding up - Petition - Disposition of property - Transfer of land belonging to company - Transfer of property and creation of bank's charge over land occurred after commencement of winding up of company - Whether court ought to exercise its discretion to affirm or validate sale of land - Whether transaction beneficial to general body of creditors of company - Whether just and fair to allow transaction to stand - Companies Act 1965, s. 223  

LAND LAW: Indefeasibility of title and interests - Sale and purchase of land - Disposition of property - Transfer of land belonging to company - Transfer of property and creation of bank's charge over land occurred after commencement of winding up of company - Whether disposition of property validated - Whether interests of bank as chargee permitted to remain on basis it was subsequent purchaser in good faith and for valuable consideration - Whether bank obtained indefeasible interest pursuant to s. 340(3) of National Land Code  

CIVIL PROCEDURE: Striking out - Application for - Case against company director for breach of duties - Whether cause of action sufficiently pleaded in originating summons - Whether reliefs sought and sufficient particulars to be specified in originating summons - Whether case disclosed no reasonable cause of action - Whether striking out application ought to be allowed - Rules of Court 2012, O. 18 r. 19(1)(a)