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Month: November 2020

Amending Pleadings: When Leave of Court is Required & When it is Not

Posted on November 26, 2020November 26, 2020 by Jean Liew

The relevant provision for the amendment of pleadings is set out in Order 20 rule 3 of the Rules of Court, 2012. There are three particular circumstances in which a party can amend their pleadings…

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Summary of Industrial Court Hearing Process

Posted on November 26, 2020November 26, 2020 by Kishen Nathan

Employees are often at a loss upon being dismissed from employment, in not knowing or rather being aware of the proper procedure and channel in which to air their grievances. This article will discuss the entire hearing process of cases heard before the Industrial Court in a simplistic yet understandable manner.

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Can You Oppose a Summary Judgment?

Posted on November 25, 2020November 25, 2020 by Jocelyn Lier

Generally, in a normal civil suit, plaintiff would only obtain a judgment after a trial. However, the law does provide an expeditious way for a plaintiff to apply for summary judgment if certain requirements are complied with.

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The Heirs under the Islamic Law of Succession

Posted on November 25, 2020November 25, 2020 by Adeline

The Islamic Law of Succession is known as Faraid. Faraid is an Arabic term which construed the determination of rights and portion of the deceased based on the provisions provided by the Islamic law.

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Not Happy with Your New Purchase? Here’s What You Can Do As A Consumer (Part 1)

Posted on November 24, 2020November 24, 2020 by Sarah Chin

Rejection of goods can occur for many reasons. One of the most common reason is arguably consumer’s dissatisfaction with the quality of the goods. In this article, we will explore the possibility of rejecting a defective product by a consumer in Malaysia.

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Functus Officio: When Does A Court Lose Its Powers?

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

“Once a president has convicted a person charged with an offence before him, he is functus officio, and cannot rescind the sentence and retry the case. Similarly, once he has tried a civil action and made an order on the final determination of the dispute between the parties, he is functus officio and cannot rescind his final order and retry the case, or try a subsequent action between the same parties on the same subject matter.”

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Success Fee: Contingency or Non-Contingency? (Part 2)

Posted on November 20, 2020November 20, 2020 by Nicole Lee Sin Yee

A contingent fee is a sum of money received by a lawyer as legal fee conditioned upon the success of a particular case. It can also be regarded as a conditional fee arrangement between a lawyer and his/her client. What is the Malaysian judiciary’s approach with regard to success fee?

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Talking Out Marital Issues: Do you need to refer to conciliatory body before getting a Divorce?

Posted on November 19, 2020November 19, 2020 by Seri Amalina Mohd Khair

“It is obvious that the purpose and intent of s 106 is to reconcile parties where there is a reasonable probability of a reconciliation. In fact s 106(5)(b) of the Act provides that together with the certificate it issues, the conciliatory body can make recommendations regarding maintenance, division of matrimonial property and the custody of the minor children, if any, of the marriage.”

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Finders Keepers Losers Weepers: Not all Thefts are Theft under the Tort of Conversion

Posted on November 18, 2020November 18, 2020 by Jean Liew

A tort of conversion exists where a person takes goods that rightfully belongs to another and treats it as if it were his own.

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Success Fee: Contingency or Non-Contingency? (Part 1)

Posted on November 17, 2020November 17, 2020 by Nicole Lee Sin Yee

A contingent fee is a sum of money received by a lawyer as legal fee conditioned upon the success of a particular case. It can also be regarded as a conditional fee arrangement between a lawyer and his/her client.

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