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Month: August 2020

Distributing Small Estates (Small Estates Distribution Act 1955)

Posted on August 28, 2020August 28, 2020 by Rachel Chong Jia Wei

Discussions about death are generally seen as taboo even though it is an inescapable reality of life. Some people hold on to the superstition that talking about death or the distribution of their estate will somehow accelerate their demise. Then, there are some parents or grandparents who felt that they would be kicked out of the house into an old folk care centre if they had a will drafted. This mindset has resulted in many intestacies, where one dies without a will.

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What You Need to Know about Purchase Orders

Posted on August 28, 2020August 28, 2020 by Effa Suzieana Zainal

A purchase order or simply known as ‘PO’ is a contractual document between a customer and a supplier. It is also sometimes referred to as a work order, invoice contract or work agreement. A PO is issued by a customer to request the supplier to provide them with either products or services, where payment is set to be made at a later date after receipt.

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Desertion: The Elements to be Proven

Posted on August 26, 2020August 26, 2020 by Seri Amalina Mohd Khair

Desertion can be ‘the separation of one spouse from the other with the intention of bringing the state of marriage to an end without reasonable and proper cause and without the permission of the deserted spouse’

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Mareva Injunctions: Full and Frank Disclosure

Posted on August 25, 2020August 25, 2020 by Rachel Ng Li Hui

Mareva Injunctions (also known as freezing orders) are usually applied vide an ex-parte application (only the applicant is present). In ex-parte applications, it is an applicant’s duty to the Court to make the fullest possible disclosure of all material facts within the applicant’s knowledge.

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My Signature Was Forged! What Can I Do?

Posted on August 24, 2020August 24, 2020 by Vinodhan Kuppusamy

Forgery and falsification of documents are methods used by a person to commit fraud. Section 17(d) of the Contract Act 1950 provides that fraud includes any other act to deceive the other party into entering into an agreement.

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Reflective Loss Principle: The Applicability in Minority Oppression Petition

Posted on August 18, 2020August 18, 2020 by Seri Amalina Mohd Khair

Reflective loss is the loss of individual shareholders that is inseparable from the general loss of the company. The general rule is that a shareholder must not bring a claim for a loss which is merely reflective of the company’s loss.

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When a Stay Order is Wrongfully Used as an Engine of Delay

Posted on August 17, 2020August 17, 2020 by Nicholas Navaron Chula
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Nicholas Navaron Chula
Nicholas Navaron Chula
Nicholas came from the warring tribe of headhunters in the Land of Hornbills. Growing up, Nicholas aspired to go to the Bar and to open a bar. He has successfully done the former, and is on his way to the latter. During his free time, he takes solace in knowing that people take his insults as humour.
Nicholas Navaron Chula
Latest posts by Nicholas Navaron Chula (see all)
  • Is Proclamation of Emergency the Death of Commercial Contracts? - February 4, 2021
  • Virtual Company Meetings during the Covid-19 Pandemic - December 8, 2020
  • Dispensation of Service of Committal Papers - October 28, 2020

Your opponent filed an application in court pursuant to Section 10 of the Arbitration Act, 2005 to stay your client’s action pending reference to arbitration. The court allows the stay without setting any other express condition for which the referral is to be made. Six months later, it became more apparent that your opponent is…

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Occupiers Liability 101: What Every Business Owner Needs to Know

Posted on August 17, 2020August 17, 2020 by Effa Suzieana Zainal
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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

The current COVID-19 pandemic presents challenges relevant to business owners or occupiers of premises. Harm may befall visitors of the business owners’ or occupiers’ premises if the standard operating procedures (“SOPs“) regulating the entry and behaviour of visitors and personnel do not reflect a sufficient degree of precaution. What kind of precautions should be taken…

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Fraud Shall Not Go Unpunished: The Rights of Defrauded Government [Part 2]

Posted on August 14, 2020August 14, 2020 by Jason Cheong Kah Lok
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Jason Cheong Kah Lok
Jason Cheong Kah Lok
This Taiping-born lad is an avid fan of the Kingsman and truly believes that Manners Maketh Man, be it in or outside ofthe Courtroom. Jason aspires to be a cheerful (a.k.a. not grumpy) old man living with his pug, telling epic stories from his wild youth.
Jason Cheong Kah Lok
Latest posts by Jason Cheong Kah Lok (see all)
  • Hak Pengguna dalam Kes Kerosakan Meter Elektrik (Bahagian 1) - February 24, 2021
  • Damage to Power Lines Causing Electricity Disruption – What Are Your Remedies? [Part 2] - December 2, 2020
  • Damage to Power Lines causing Electricity Disruption – What are Your Remedies? [Part 1] - October 23, 2020

In the previous article “Fraud Shall Not Go Unpunished: The Rights of Defrauded Government Part (1)“, I have discussed on the rights of government agencies to claim for illegally obtained profits from the interesting position of the US laws. Among others, the US False Claims Act (FCA) includes a qui tam provision that allows people…

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Is Winding Up the Last Resort for Oppression?

Posted on August 14, 2020August 14, 2020 by Seri Amalina Mohd Khair
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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

When a shareholder of a company has been oppressed, there are several reliefs or remedies provided under Section 346 of the Companies Act 2016 (Section 181 of the Companies Act 1965) that the Court may grant. Section 346 reads as follows: (2) If on such application the Court is of the opinion that either of…

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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)

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