The Federal Court, on 20th February 2021, took a definitive position to clear the air in the calculation of time in the late delivery of vacant possession in respect of residential properties.
The Importance of AR Cards When Serving Documents via AR Registered Post
The Federal Court on 05.03.2021 has held that the Court cannot seal a judgment in default of appearance if the affidavit of service does not exhibit the A.R. Registered Card containing the endorsement as to the receipt of the writ by the defendant himself or someone authorised to accept service on his behalf.
Probate 101 (Part 3): What Can You Do If Your Executor Is Not Doing His Job?
This article looks at the options available to beneficiaries in case an executor breached his/her fiduciary duties. It is trite that executors owe beneficiaries a fiduciary duty to administer the estate in good faith.
Surrender My Shares? Over My Dead (Corporate) Body!
The effects of an individual shareholder’s death, lunacy and bankruptcy on the shares held by the same can easily be ascertained as the shares are transmitted according to the testamentary documents, the Distribution Act 1958, the Insolvency Act, 1967, the Mental Health Act 2001, the Insolvency Act, 1967 etc. The effects of a dissolved corporate shareholder (which remains in the register of the company in question) however is less known.
To Show Cause or Not to Show Cause: Deciphering Order 52 Rule 2B of the Rules of Court 2012 and its position in the Law of Contempt of Court
Seksyen 38 Akta Bekalan Elektrik 1990 memberi kuasa kepada pemegang lesen (pembekal elektrik) untuk memotong bekalan elektrik sekiranya terdapat alasan yang munasabah bahawa suatu pengusikan pepasangan meter telah dilakukan.
Secret Trusts In Malaysia
“The overriding purpose behind secret trusts is to enable property to be left in a will without explicitly naming who the property is being left to, by a bequest to a person who has previously promised to hold that property as trustee for the intended recipient.”
Defamation: Restraining False Publications Online
Under Article 10 of our Federal Constitution, everyone has the right to freedom of speech. There is no doubt that this right is important and must be protected for obvious reasons. However, it must be balanced against the right of a person to not be defamed. This is the primary purpose of defamation law, which is essentially a balancing of two competing rights – the right to freedom of speech and the right to reputation.
Think Twice Before Lending Money
If your loan is a ‘moneylending transaction’ and you do not possess the necessary license, you are in contravention of the Moneylenders Act 1950. Not only could you potentially attract criminal charges, but you may not be able to recover the loan in the civil courts, depending on the facts of your case.
Probate 101 (Part 2): Executor’s Breach of Fiduciary Duties
In this article, we will be looking at the possible implications which an executor may face if he or she fails to understand and properly implement the terms of the Will or violates his or her duties of administration.
Q&A: All About Insurance Policy & EPF Nomination
Beneficiary of life policy Q: I have bought a life insurance policy and nominated my husband as beneficiary. Do I still need to mention it in my will? A: There is no need to mention it in your Will. By virtue of Section 23 of the Civil Law Act 1956 or Section 166 of the Insurance Act…