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If You are Discharged from A Crime, Does it Mean You are Innocent?

If a person is discharged by the court for a crime they allegedly committed, does that mean that the person is innocent? Can the prosecution recharge him? In short, no, a person is not automatically innocent, and yes, he can be recharge for the crime he allegedly committed. Below is a snippet on this issue.…
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July 16, 2020 0

Conducting Trials Online During Covid-19. Yay or Nay?

Covid-19 has, at some point in time, but the world to a standstill. With no end in sight (yet), business and government bodies have little to no choice but to put on their creative hats and find alternate ways to continue to operate. The legal system in Malaysia is no exception– trials are finally being…
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July 1, 2020 0

A Separate Proceedings for Contempt of Court?

Are contempt proceedings separate and distinct proceedings from the main proceedings? For example, does it mean that if a person is charged in a criminal court (in the main proceedings), any conduct which gives rise to a contempt of court automatically becomes a criminal contempt? This issue was briefly dealt with in the Court of…
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June 29, 2020 0

The Academic Question Conundrum

What is an academic question? An academic question, or a hypothetical question, as propounded by the Federal Court in Metramac Corp Sdn Bhd (formerly known as Syarikat Teratai KG Sdn Bhd) v Fawziah Holdings Sdn Bhd, is a question of law which does not affect the outcome of a dispute between the parties in court/…
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June 17, 2020 0

Covid-19: Discharging Your Legal Obligations Under A Tenancy Agreement. Yay or Nay?

Let’s cut the chase and dive right in: In lieu of what is happening right now (Covid-19 Pandemic), can a tenant decide to not pay rent to his landlord? In this article, we will briefly look at two legal principles that a tenant might be able to rely upon to do so. Is there a…
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June 17, 2020 0

Bond? What Bond?

Generally, and depending on the circumstances, a person who is accused of committing a  crime (also known as “the accused”) can be released on bail pending the hearing of their case. However, if the accused is released on bail, how can the court ensure that they show up in court on the day of trial?…
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May 31, 2020 0

Unjust Enrichment

What is unjust enrichment It is an occurrence in law (usually in a contractual dispute) whereby a person is enriched at the expense of another, and the enrichment is deemed to be unjust in the eyes of the law.  For example, A and B entered into a contract whereby A will pay a sum of…
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May 29, 2020 0

Land Law: Temporary Occupational Licence

A brief introduction on Temporary Occupational Licence (TOL) These are licences granted by the Malaysian state authorities (in accordance with the Malaysian National Land Code) to individuals or companies to occupy certain lands within the Peninsular Malaysia, such as state land, mining land and reserved land which are currently not being used by the states…
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May 14, 2020 0

The Appellate Conundrum – Is Every Decision Appealable?

A claim in court generally involves two parties from opposite ends attempting to stake a claim in the dispute between them. To this end, we all know that there will always be a party that drew the shorter end of the stick i.e. they did not succeed in their claim. This is where the appeal…
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May 1, 2020 0

What is Expert Evidence?

What is expert evidence These are evidence given by individuals who professed to be an expert in a particular field in relation to matters or knowledge that the court is lacking when they are determining a case. In could include areas of expertise such as medical science, cyber-security issues, foreign laws, etc.  Why is there…
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April 29, 2020 0