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Month: October 2020

Dispensation of Service of Committal Papers

Posted on October 28, 2020October 28, 2020 by Nicholas Navaron Chula

“Unmention” was (and probably still is) a sociological tactical move used to attack the credit of someone on Twitter in Malaysia without engaging in a direct combat with that person. The “unmention” combatants generally avoid addressing directly the person in question for fear of confrontation.

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Abuse of Process in the Court of Law

Posted on October 28, 2020October 28, 2020 by Vinodhan Kuppusamy

Abuse of Process is where a person and/or a party uses the legal system in a way that does not serve the underlying goal of a legal action, but rather to achieve another purpose/collateral purpose. v

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Setting Aside a Judgment obtained by Fraud via Impeachment Proceedings: How Far is this Possible?

Posted on October 27, 2020October 27, 2020 by Guest Author

“…the court must be vigilant to ensure that such complaints do not become prevalent by freely allowing litigants to have a second bite of the cherry and flooding the court with suits upon suits against his or her adversary to take vengeance or to prevent a litigant who had obtained a valid judgment from enforcing the same.”

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What is Mutual Separation between Employer & Employee?

Posted on October 27, 2020October 27, 2020 by Kishen Nathan

Mutual separation is an agreement between the employer and the employee for the employment relationship to come to an end. Usually, the main feature of a mutual separation is that the employer will agree to a financial pay-out in exchange for the employee agreeing to leave his employer voluntarily through resignation.

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Erroneous Intitulement: Is it Fatal?

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

Intitulement is the heading of a proceeding in court. In simpler terms, intitulement refers to the title of the proceeding. It is compulsory for an intitulement to be included in all court documents.

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Defamation on Social Media Group Chats: Are They Really Worth Pursuing In Court? (Part 2)

Posted on October 26, 2020October 27, 2020 by Sarah Chin

In this article, we will be dissecting the nitty gritty of social media group chats and how a defamation claim concerning (deleted) voice messages sent group chats can be mounted.

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Damage to Power Lines causing Electricity Disruption – What are Your Remedies? [Part 1]

Posted on October 23, 2020October 23, 2020 by Jason Cheong Kah Lok

Ever wondered what can you do when you experience electricity disruption caused by some damage or works to your power lines? Do you know what your legal rights are and the remedies available to you if your electricity supply is disrupted?

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Starting A Business in Malaysia: How to Get Funding for a Start-Up

Posted on October 22, 2020October 22, 2020 by Adeline

There are a variety of ways to raise funds for a startup. But it is crucial to know the complexity of fundraising terms and the risk associated with each grant or fund available before applying for funds.

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Mediation: The Way Forward for a Win-Win Solution in Commercial Dispute Resolution [Part 1]

Posted on October 21, 2020October 21, 2020 by Nicole Lee Sin Yee

While going to Court may be the de facto dispute resolution method, litigation may not always be the ideal answer to disputes arising in today’s business world. Parties to a commercial transaction will naturally seek for sensible reasons to settle disputes, to prevent unnecessary risk of escalating the dispute.

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Judgment In Default of Appearance

Posted on October 21, 2020October 21, 2020 by Vinodhan Kuppusamy

A Judgment in Default of Appearance (JID), known as Penghakiman Ingkar Kehadiran in Bahasa Malaysia is a judgment entered against the Defendant after the Court is satisfied that a Writ of Summons or an Originating Summons has been duly served onto the Defendant but the Defendant has failed to physically appear or file a notice of his appearance in Court within a specified time period.

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