Planning to sell your company’s shares/ assets? In this article, we will briefly share with you how to do so. A brief introduction to sales of shares Question: What is sold? Answer: Your shares in the company Question: Who are the parties involved? Answer: Yourself, any other shareholders of the company, and any potential buyers. Question: What happens after the…
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What happens when a company, that holds a dominant position in a trade or possesses a significant power, uses its dominance and puts other companies in similar trade at a competitive disadvantage? This issue was dealt with in the High Court case of MYEG Services Sdn Bhd & Anor v Competition Commission & Anor. We…
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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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How do you deliver a notice of demand to a company? Is there more than one way to do so? We shall briefly deal with this issue by looking at what the court says in Tee Yam Holdings Sdn Bhd v Shanghai Capital Sdn Bhd; Tenaga Nasional Bhd (Petitioner). Brief facts of the case Shanghai…
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Where to start and how? Let us first take a look at Section 206 of the Companies Act, which states that: In a private company, a director (subject to the company’s constitution) may be removed before the expiration of the director’s period of office via ordinary resolution. In a public company, a director may be…
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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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The parties involved A) The plaintiffs (i.e. people who institute an action), namely: Yeo; Biaxis Sdn Bhd; and Public Bank Bhd. B) The defendants (i.e. the people who are sued by the plaintiffs), namely: Janavista Sdn Bhd; Design Selection Sdn Bhd; and Elitprop Sdn Bhd. The brief facts of the case Janavista hired Design Selection…
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What happens if a contract does not expressly state the duration of the contract? How can parties to such a contract terminate the contract? What is the court’s stance on such a contract? Is it even a thing? First thing’s first, what do you call this kind of contract? It is called a ‘perpetual contract’.…
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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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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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