Can a party institute a civil action against an offending party after the offending party’s assets and properties are seized under AMLA? This question was briefly analyzed and dealt with in Protasco Bhd v PT Anglo Slavic Utama & Ors, which we will briefly have a look at in this article. Brief facts of the…
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To kick start this article, let us briefly look at a scenario: A and B settle their dispute in court. A lost. A was ordered by the court to comply with a court order, which is, as we all would know by now, is in favor of B. Miffed, A filed an appeal. During this…
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Being a minority shareholder in a company is not a walk in the park. To give some context: Minority shareholder votes are virtually meaningless unless they could garner the support of the majority shareholders; They have to be on constant alert to the attempts by the majority shareholders to abuse their power to the detriment…
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A and B fought out a dispute in a foreign court. At the end of it, one party won, while the other is left to sulk in a corner. Can the party who is sulking relitigate the matter locally? Let us find out by briefly looking at the recent High Court (Sibu) case of Wong…
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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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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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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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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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When you are arrested by a police officer, you are normally accorded a myriad of legal rights in this country. Amongst them is the right to remain silent. However, and as we will find out soon enough, this right can potentially be a double-edged sword. What is it about? The right to remain silent is…
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If you are arrested by a police officer, can you immediately request the police officer to allow you to consult a lawyer? Can they refuse your request? This issue was dealt with in the recent High Court case of Datuk Hasanah Abdul Hamid v Suruhanjaya Pencegahan Rasuah Malaysia & Anor. Brief facts of the case…
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