Category: Litigation Advisory & Strategy

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1,2, or 3 Witnesses?

How many witnesses do you need to prove or disprove a case? 1? 2? 3? More? Let’s find out. What does the law say? Section 134 of the Evidence Act states that: “No particular number of witnesses shall, in any case, be required for the proof of any fact”. Simply put, the parties have the…
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April 30, 2022 0

Can You Ask A Mentally Disabled Person To Stand Trial?

Can you ask a person who is mentally disabled/ challenged to stand trial? While the answer may or may not surprise you, we shall nonetheless briefly share with you this issue. Today, let us briefly look at Muhd Haslam Abdullah v PP which expounded extensively on this issue. Brief facts of the case Muhd Haslam…
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April 30, 2022 0

Introduction To Defamation And Qualified Privilege

Can we say anything and everything we want? While the constitution guarantees our right to free speech, we are ultimately still responsible for what we said. In law, we can be liable for criminal or civil defamation for what we say in public. In this article, we will briefly share with you guys what defamation…
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March 24, 2022 0

The Evolution Of The Double Presumption Rule

What is the double presumption rule? It is a rule whereby it allows the court to automatically assume that if you are possessing drugs, you are automatically trafficking them/ PS: If you are charged for possessing drugs, the worst you can get is a life sentence. However, If you are charged for trafficking, you can…
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March 24, 2022 0

The Trial Process Of A Criminal Case

What happens if a person is accused of a crime? Will he be given a chance in court to prove his innocence in court (the answer is yes)? What happens in court? In this article, we will briefly deal with the last question i.e. looking at the trial process of a person who is accused…
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February 27, 2022 0

Introduction to Death Inquiry In Criminal Law

What is a death inquiry? Death inquiry is a process conducted by a Magistrate when a person dies suddenly/ unnaturally/ by violence/ by an unknown means. It is usually conducted to ascertain: The identity of the deceased; When, where, and how or why did the deceased pass away; Who caused the death of the deceased;…
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January 28, 2022 0

Case Study – Breach Of Shareholder Agreement = Oppression?

Brief summary of the case Dato Cheah, owner, and director of ISM was the approach in 2006 to assist in the rehabilitation of an abandoned project located in KL called CN Gallery. As the land of the project was too small to be developed into a mixed-use commercial development of significant value, Dato Cheah conceived…
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October 31, 2021 0

Case Study – From The Tempered Date Vs The Date Of Discovery

When does the limitation period start to run for a meter tampering case? Is it when TNB discovers that a company/ individual has tampered with their electrical meter or when, for example, the company/ individual denies liability? This matter was discussed in multiple cases. We will briefly look at this issue, based on the recent…
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October 31, 2021 0

Case Study – A Brief Overview Of Eddy Salim & Ors v Iskandar Regional Development Authority & Ors

Brief facts of the case The plaintiffs, in this case, were a group of orang asli (Eddy Salim being one of them) who were in a land dispute with Iskandar Regional Development. They alleged that Iskandar Regional Development trespassed onto their native customary land while doing reclamation work for development purposes (mix development project). However,…
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October 31, 2021 0

Can properties held under trust be seized under AMLA?

FYI, a  public prosecutor can order the seizing of properties of a person that is charged under AMLA. However, can they seize properties that are under trust? If the answer is yes, under what condition can they do so? Let’s briefly have a look at the Court of Appeal case of Tetuan Khana & Co…
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May 29, 2021 0