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MALAYSIAN JUDGMENTS & RULINGS

[2018] MYFC 2Federal Court

Suit Number: Rayuan Sivil No. 01(f)-6-03/2017(W)  Date of Judgment: 08 January 2018

Litigation & Court Procedure – Abuse of Process – Whether a challenge to the constitutionality of section 3 of the Sedition Act 1948 made in civil proceedings when the same had been determined by the Court of Appeal in a criminal appeal involving the same applicant amounts to an abuse of the process of the court

Litigation & Court Procedure – Res Judicata – Whether a challenge to the constitutionality of section 3 of the Sedition Act 1948 made in civil proceedings is res judicata in view of a prior similar challenge in criminal proceedings by the same applicant

Constitutional Law & Civil Rights – Whether section 3(3) of the Sedition Act 1948 contravenes Article 10 of the Federal Constitution and is therefore invalid and of no effect in law

[2018] MYFC 1Federal Court

Suit Number: Civil Appeal Nos. 01-15-05/2016 & 01-16-05/2016  Date of Judgment: 08 January 2018

Bankruptcy – Whether a judgment by the Court of Appeal for a monetary sum in favour of an undischarged bankrupt is a nullity when the appellant failed to disclose to the Court that he did not have the sanction of the Insolvency Department to prosecute the appeal

Corporate Law – Articles of Association – Whether the interpretation of the Articles of Association of a company is subject to past practices of the directors in relation to its implementation or the exercise of the power under it

Employment & Labour Law – Dismissal – Misconduct – Whether misconduct in employment law to warrant punishment is to be distinguished from criminal conduct by an employee and whether the Court of Appeal was correct in law in concluding that in the absence of an allegation of "any form of criminal conduct" the complaint "taken objectively, will not qualify as a misconduct"

[2018] MYCA 1Court of Appeal

Suit Number: Rayuan Jenayah No. K-05(M)-17-01/2016  Date of Judgment: 03 January 2018

Criminal Law – Murder – Defence of Grave and sudden provocation

Criminal Law – Whether both elements, grave and sudden were present – Whether Exemption 1 to Section 300 of the Penal Code applies – Whether the trial judge failed to appreciate the facts that showed grave and sudden provocation

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