Month: July 2020

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

Posted on by Vinodhan Kuppusamy
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
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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…

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Stay of Executions Proceedings

Posted on by Ahmad Iyas Husni
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
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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…

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Free Speech on Social Media: Is There A Limit?

Posted on by Effa Suzieana Zainal
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
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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…

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Adultery and Intolerability: How To Prove Them?

Posted on by Seri Amalina Mohd Khair
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
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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…

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

Posted on by Vinodhan Kuppusamy
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
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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…

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Can Lawyers Affirm Affidavits On Behalf of Their Clients?

Posted on by Ivan Aaron Francis
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
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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…

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How to Write Easy to Understand Contracts?

Posted on by Effa Suzieana Zainal
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
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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….

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Executing an Order for Vacant Possession in Eviction Proceedings

Posted on by Ahmad Iyas Husni
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
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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…

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