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.
Month: August 2020
What You Need to Know about Purchase Orders
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.
Desertion: The Elements to be Proven
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’
Mareva Injunctions: Full and Frank Disclosure
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.
My Signature Was Forged! What Can I Do?
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.
Reflective Loss Principle: The Applicability in Minority Oppression Petition
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.
When a Stay Order is Wrongfully Used as an Engine of Delay
- 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…
Occupiers Liability 101: What Every Business Owner Needs to Know
- 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…
Fraud Shall Not Go Unpunished: The Rights of Defrauded Government [Part 2]
- 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…
Is Winding Up the Last Resort for Oppression?
- 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…