THE OFFICIAL REPOSITORY OF
MALAYSIAN JUDGMENTS & RULINGS

[2018] MYCA 299Court of Appeal

Suit Number: Criminal Appeal No. B-05(M)-139-03/2017  Date of Judgment: 18 September 2018

Criminal law – Trafficking in dangerous drugs – Conviction – Mandatory death sentence – Appeal

Criminal law – Whether the trial judge erred in properly considering the cautioned statement of the appellant – Whether the trial judge had misdirected herself when she applied the presumption under section 37(da) of Dangerous Drugs Act 1952 at the end of the prosecution’s case, and found that the appellant had failed to rebut the presumption under section 37(d) of Dangerous Drugs Act 1952 at the end of the defence case

[2018] MYCA 297Court of Appeal

Suit Number: Rayuan Sivil No. W-01(C)(A)-190-05/2016  Date of Judgment: 03 September 2018

Contracts & commercial – Contract – Provision for extension of time to complete the contract – Construction of the contractual clause that provides for extension of time – Refusal to grant a third extension of time – Termination of contract – Whether the Certificate of Non-Completion validly issued – Whether termination of the contract valid

[2018] MYCA 296Court of Appeal

Suit Number: Rayuan Sivil No. B-02(NCVC)(W)-1671-09/2016  Date of Judgment: 30 August 2018

Contracts & commercial – Sale and purchase agreement – Extended completion period clause to discharge a charge in favour a bank subject to payment of interest for the extended time – Further extension of time – Whether further extension granted – Whether further extension of time granted subjected to payment of interest – Whether termination of the sale and purchase agreement valid

[2018] MYCA 295Court of Appeal

Suit Number: Rayuan Sivil No. T-01(A)254-07/2017  Date of Judgment: 18 September 2018

Land law – Acquisition of land – Semi-permanent structure on the land – Demand for compensation on the value of the structure – Structure allegedly violated the category of use and the real terms of the land – Whether the value of land should take into account the value of the building

[2018] MYCA 292Court of Appeal

Suit Number: Civil Appeal No. B-02(NCC)(A)-2585-12/2017  Date of Judgment: 07 September 2018

Corporate insolvency – Winding Up – Whether the debt disputed – Whether the respondent a creditor within the meaning of section 218(2) of the Companies Act – Whether the respondent entitled to present the winding up petition

[2018] MYCA 290Court of Appeal

Suit Number: Civil Appeal No. W-02(IM)(NCC)-1505-07/2018  Date of Judgment: 07 September 2018

Litigation & court procedure – Notice of motion seeking to stay a civil suit pending the disposal of a winding-up petition which was subsequently filed after the civil suit under section 44 of the Courts of Judicature Act 1964 as well as the inherent jurisdiction of the court

Corporate law – Winding up – Whether the stay application (a contributory petition to wind up the company on just and equitable ground as per section 465(1)(c), (f) and (k) of the Companies Act 2016 filed a week before the hearing of the civil suit) lacks bona fide and an abuse of process of the court – Jurisprudence related to section 470 of the Companies Act 2016

[2018] MYCA 288Court of Appeal

Suit Number: Rayuan Jenayah No. W-05(LB)-159-04/2016   Date of Judgment: 04 September 2018

Criminal law – Trafficking in dangerous drugs – Acquittal – Appeal by the prosecution

Criminal procedure – Whether the trial judge failed to consider the whole of the prosecution's evidence – Whether the trial judge erred in finding that the respondent has succeeded in raising reasonable doubts over the prosecution case

[2018] MYCA 287Court of Appeal

Suit Number: Civil Appeal No. W-01(IM)-65-02/2017  Date of Judgment: 03 September 2018

Administrative law – Judicial review – Limitation – Whether the application for judicial review filed after the expiry of the time prescribed by Order 53 rule 3(6) of the Rules of Court 2012 – Whether an extension of time should be granted

GET J-ALERTS

Search Judgments

Notice: The Promoters of Malaysian Judgments acknowledge the permission granted by the relevant official/ original source for the reproduction of the above/ attached materials. You shall not reproduce the above/ attached materials in whole or in part without the prior written consent of the Promoters and/or the original/ official source. Neither the Promoters nor the official/ original source will be liable for any loss, injury, claim, liability, or damage caused directly, indirectly or incidentally to errors in or omissions from the above/ attached materials. The Promoters and the official/ original source also disclaim and exclude all liabilities in respect of anything done or omitted to be done in reliance upon the whole or any part of the above/attached materials. The access to, and the use of, Malaysian Judgments and contents herein are subject to the Terms of Use.