Month: November 2019

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To Bankrupt a Social Guarantor

If you decided to become a social guarantor for another person in order for them to obtain a loan from a creditor (usually a bank), can the creditor commence bankruptcy proceedings against you if the person fails to settle the loan with the creditor?   Who is a social guarantor Under section 2 of the Insolvency …
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November 29, 2019 0

Trespassing 101

Trespass in law covers a wide spectrum of instances, such as trespass to land, goods, person or even criminal trespass. Today, however, we will focus solely on trespass to land.  What constitutes trespass to land in law? So what constitutes trespass to land? Trespass to land occurs when a person (‘person A’) who neither has…
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November 28, 2019 0

Power of Assessor in Land Valuation

If you have a piece of land registered under your name, beware! The state can actually acquire the land from you.  However, the state must first adequately compensate you if they were to acquire your land. This process of acquiring your land is lengthy and we will need to explain it to you in another…
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November 25, 2019 0

Land Acquisition 101

What is land acquisition? Land acquisition is a process whereby the state acquires your land from you. However, this can only be done if: The acquisition is done in accordance with the law governing a land acquisition exercise; or Where you are adequately compensated for the compulsory acquisition of your land. The compulsory acquisition of…
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November 21, 2019 0

Abandonment and the Tort of Conversion

What happens if you are deprived of being able to enjoy the use of your goods/ properties by another person? Can you sue them? The short answer is yes. You can actually sue them on the basis that they have converted your goods/ properties. However, there are rules to be complied with before you can…
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November 19, 2019 0

Is TNB Obligated To Supply Electricity To Everyone?

Is TNB obligated to supply electricity to everyone? While the legislation that empowers them seems to suggest that it is the case, a recent Federal Court decision seems to point in the opposite direction. Today, let us briefly explore the case of Tenaga Nasional Berhad v Bukit Lenang Development Sdn Bhd and determine once and…
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November 18, 2019 0

Land Law 101 – Is Squatting Allowed?

Justice Good once said in Kuppu v Brown & Anor:“ The desire in mankind for a place of one’s own- a roof over one’s head- is so strong that men will build dwellings on land over which they have only the flimsiest claims to occupancy. The urge to build has in this country created what…
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November 17, 2019 0

A Deadlocked Company and The Shareholder’s Derivative Action

What happens if a company is in a deadlocked situation and one faction of shareholders commits wrongdoing against the company? Can the other half of the shareholders of the company seek redress against them? This question was tackled in Perak Integrated Network Services Sdn Bhd v Urban Domain Sdn Bhd (on behalf of themselves and…
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November 13, 2019 0

Judicial Management 101

Recently, the Division 8 Part III of the Companies Act (‘CA’) has come into force/ has been enforced by the Companies Commission of Malaysia (‘CCM’) or Syarikat Suruhanjaya Malaysia (‘SSM’) to assist companies that are facing financial difficulties. This is to ensure that companies have a lifeline to survive instead of heading straight down the…
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November 12, 2019 0

Native Customary Rights vs Legislation – Who Will Win?

The contention on land ownership, specifically between the orang asli (aboriginal people) and the State is not a new subject. In this article, we will briefly explore the case of Kong Chee Wai & Satu Lagi v Pengarah Tanah Dan Galian Perak & Yang Lain dan Satu Lagi Kes to better understand the law on…
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November 11, 2019 0