Malaysian Litigator
Menu
  • Blog
  • Crew
  • The Voyage
  • Contact
Menu

Month: July 2020

How to Cite Case Laws in your Written Submissions – by a Federal Court Judge

Posted on July 27, 2020July 27, 2020 by Vinodhan Kuppusamy
  • Author
  • Recent Posts
Vinodhan Kuppusamy
Vinodhan Kuppusamy
Vinod is the embodiment of 'what you see is what you get'. A ray of blinding sunshine and a legal savant, Vinod enjoys exploring the various facets of human experience (which occasionally leads him the dark side, but no one really needs to know about that).
Vinodhan Kuppusamy
Latest posts by Vinodhan Kuppusamy (see all)
  • Received A Dishonoured Or Bounced Cheque? Here’s What You Need To Know - March 1, 2021
  • An Application for Discovery in a Civil Suit - February 17, 2021
  • Treatment at a Beauty Salon Gone Wrong. What Should I Do? - February 9, 2021

With the immense traffic of cases that Courts deal with, plenty of cases, in particular interlocutory applications are disposed-off solely based on the written submissions of parties without any oral hearings. A litigant cannot possibly emphasize any further on the importance of having a well-drafted and concise Written Submission. Since the Malaysian Courts adopt the…

Read more

Stay of Executions Proceedings

Posted on July 27, 2020July 27, 2020 by Ahmad Iyas Husni
  • Author
  • Recent Posts
Ahmad Iyas Husni
Ahmad Iyas Husni
Curious and inquisitive. Iyas is the kind of person who constantly has something on his mind. Ever wondering why the law works the way it does, Iyas constantly pushes the limits of his curiosity to find the ever elusive “Answer” to all of his questions.
Ahmad Iyas Husni
Latest posts by Ahmad Iyas Husni (see all)
  • Making the Case for a Pre-Action Protocol in Malaysian Civil Litigation - February 18, 2021
  • The Benefits of Filing a Police Report for Cases on Fraud - December 29, 2020
  • The Benefits of Filing a Police Report for Fraud Cases - November 5, 2020

When a party is appealing a decision of a lower court to a higher court, it is trite that appeals do not operate as a stay of execution (see s.57 of the Court of Judicature Act 1964). This would mean that when judgment has been laid down, the successfully party may proceed to enforce and…

Read more

Free Speech on Social Media: Is There A Limit?

Posted on July 27, 2020July 27, 2020 by Effa Suzieana Zainal
  • Author
  • Recent Posts
Effa Suzieana Zainal
Effa Suzieana Zainal
This section is normally where authors tell people about their achievements, life aspirations, etc. I'm Effa; a land law expert, and an organized, highly logical corporate lawyer who loves to run and hike. Oh, and I occasionally lie in my bio.
Effa Suzieana Zainal
Latest posts by Effa Suzieana Zainal (see all)
  • Say No to Workplace Bullying - October 19, 2020
  • The Law on Land Acquisition in Malaysia - October 14, 2020
  • What Foreigners Should Know Before Buying A Property In Malaysia - October 7, 2020

Social media platforms are used by everyone to socially interact with others, to share content, to express oneself and most of the time people are using social media to express their opinions over certain things, especially the latest and trending news or events that happened globally. According to Digital 2020 Global Digital Overview which was…

Read more

Adultery and Intolerability: How To Prove Them?

Posted on July 23, 2020July 23, 2020 by Seri Amalina Mohd Khair
  • Author
  • Recent Posts
Seri Amalina Mohd Khair
Seri Amalina Mohd Khair
Seri can't describe herself—she is an eclectic mix of complication and simplicity wrapped in the form of a petite hijabi lawyer. She does have unusually colourful vocabulary though, but only when most people aren't listening. Much.
Seri Amalina Mohd Khair
Latest posts by Seri Amalina Mohd Khair (see all)
  • Apportionment for Inheritors in Islam [Part 2] - December 15, 2020
  • Apportionment for Inheritors in Islam [Part 1] - December 11, 2020
  • Impediments to Inheritance in Islam - December 3, 2020

As set out in Section 54(1)(a) of the Law Reform (Marriage and Divorce) Act 1976 (“LRA”), adultery and intolerability are amongst the provided alleged facts on proof of breakdown of marriage under the LRA. The Section spells out as below: [1] That the respondent has committed adultery and the petitioner finds it intolerable to live…

Read more

Can You Call In Sick On Work And Go Cuti-Cuti?

Posted on July 23, 2020July 23, 2020 by Vinodhan Kuppusamy
  • Author
  • Recent Posts
Vinodhan Kuppusamy
Vinodhan Kuppusamy
Vinod is the embodiment of 'what you see is what you get'. A ray of blinding sunshine and a legal savant, Vinod enjoys exploring the various facets of human experience (which occasionally leads him the dark side, but no one really needs to know about that).
Vinodhan Kuppusamy
Latest posts by Vinodhan Kuppusamy (see all)
  • Received A Dishonoured Or Bounced Cheque? Here’s What You Need To Know - March 1, 2021
  • An Application for Discovery in a Civil Suit - February 17, 2021
  • Treatment at a Beauty Salon Gone Wrong. What Should I Do? - February 9, 2021

Your bestie, Samantha is getting hitched soon so your girls plan a three-day bachelorette party at Boracay, Philippines in December 2020. Flights and the fancy-smancy villa you guys are partying in have been booked months in advance. You put in your annual leave application to block those travel dates. Your Company lands a huge contract…

Read more

Can Lawyers Affirm Affidavits On Behalf of Their Clients?

Posted on July 20, 2020July 20, 2020 by Ivan Aaron Francis
  • Author
  • Recent Posts
Ivan Aaron Francis
Ivan Aaron Francis
Ivan is a legal caterpillar based in the busy concrete jungle of the Peninsular. Though in the midst of ‘metamorphosis’, he is eager to develop his skill set and knowledge before spreading his wings to fly alongside his brethren of the law.
Ivan Aaron Francis
Latest posts by Ivan Aaron Francis (see all)
  • What You Need To Know As A Home Buyer When Purchasing Property From Housing Developers - February 3, 2021
  • Sexual Harassment: Duty Of Employers, Policies & Legal Recourse For Employees - January 26, 2021
  • The Erinford Injunction: Maintaining Status Quo Pending Appeal - December 22, 2020

In the age of digitalisation, where communication is transmitted with ease and speed, one would think that obtaining client’s instructions is of no issue. However the practice of requiring clients to physically affirm affidavits is an inefficient use of time, given that confirmation of the facts deposed therein can be done digitally. The Covid-19 pandemic…

Read more

How to Write Easy to Understand Contracts?

Posted on July 20, 2020July 20, 2020 by Effa Suzieana Zainal
  • Author
  • Recent Posts
Effa Suzieana Zainal
Effa Suzieana Zainal
This section is normally where authors tell people about their achievements, life aspirations, etc. I'm Effa; a land law expert, and an organized, highly logical corporate lawyer who loves to run and hike. Oh, and I occasionally lie in my bio.
Effa Suzieana Zainal
Latest posts by Effa Suzieana Zainal (see all)
  • Say No to Workplace Bullying - October 19, 2020
  • The Law on Land Acquisition in Malaysia - October 14, 2020
  • What Foreigners Should Know Before Buying A Property In Malaysia - October 7, 2020

Writing or drafting a contract sounds simple but it requires the drafter to have not just good writing skills but also analytical skills, good understanding of all types of businesses (in particular a good understanding of the client’s business), ability to negotiate and, most importantly, the drafter must have a comprehensive knowledge of the law….

Read more

Preparing your Appeal Papers to be Filed in the Court of Appeal

Posted on July 16, 2020July 16, 2020 by Ahmad Iyas Husni

When you’ve received judgment in the High Court which you are not satisfied with, you may want to consider filing an appeal to the Court of Appeal to reverse the High Court’s order. These appeal papers should not be taken lightly.

Read more

Executing an Order for Vacant Possession in Eviction Proceedings

Posted on July 15, 2020July 15, 2020 by Ahmad Iyas Husni
  • Author
  • Recent Posts
Ahmad Iyas Husni
Ahmad Iyas Husni
Curious and inquisitive. Iyas is the kind of person who constantly has something on his mind. Ever wondering why the law works the way it does, Iyas constantly pushes the limits of his curiosity to find the ever elusive “Answer” to all of his questions.
Ahmad Iyas Husni
Latest posts by Ahmad Iyas Husni (see all)
  • Making the Case for a Pre-Action Protocol in Malaysian Civil Litigation - February 18, 2021
  • The Benefits of Filing a Police Report for Cases on Fraud - December 29, 2020
  • The Benefits of Filing a Police Report for Fraud Cases - November 5, 2020

In tenancy eviction proceedings, a landlord is typically required to initiate proceedings pursuant to s.7(1) of the Specific Relief Act 1950. Upon successful litigation, the landlord will obtain an order entitling them to delivery of vacant possession of the rented property. But is this order enough to successfully evict a tenant willfully staying over? It…

Read more

Received A Letter of Demand? Here’s What You Should Know

Posted on July 15, 2020July 15, 2020 by Vinodhan Kuppusamy

You received a letter of demand from a claimant, asking to be remedied for a debt owed, a term breached, or maybe an apology for a defamatory remark made. What should you do?

Read more
  • 1
  • 2
  • 3
  • Next

Search

Categories

Recent Posts

  • Stopping a Disputed Winding Up – Fortuna Injunctions
  • The Powers & Duties of a Liquidator
  • Received A Dishonoured Or Bounced Cheque? Here’s What You Need To Know
  • The Screams from the Other Side: The Oppressed Majority
  • Hak Pengguna dalam Kes Kerosakan Meter Elektrik (Bahagian 1)

Archives

  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • July 2019
  • May 2019
© 2021 Malaysian Litigator | Powered by Minimalist Blog WordPress Theme
CATEGORIES
  • Company & Commercial
  • Commercial Disputes
  • Bankruptcy & Insolvency
  • CEOs Corner
  • Civil Procedure
  • Advocacy & Litigation
  • General
  • Land & Property
  • Employment & Industrial Relations
  • Family Law