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…
Month: November 2020
Can You Oppose a Summary Judgment?
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.
The Heirs under the Islamic Law of Succession
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.
Not Happy with Your New Purchase? Here’s What You Can Do As A Consumer (Part 1)
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.
Functus Officio: When Does A Court Lose Its Powers?
“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.”
Success Fee: Contingency or Non-Contingency? (Part 2)
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?
Talking Out Marital Issues: Do you need to refer to conciliatory body before getting a Divorce?
“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.”
Finders Keepers Losers Weepers: Not all Thefts are Theft under the Tort of Conversion
A tort of conversion exists where a person takes goods that rightfully belongs to another and treats it as if it were his own.
Success Fee: Contingency or Non-Contingency? (Part 1)
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.
Can Commercial Properties be used for Short Term Rentals despite a Prohibitive By-Law?
Ever since the emergence of online platforms providing for short-term rentals like Airbnb, Klook and Booking.com, property owners have utilised their properties as a means of earning thereby renting out their property to tourists and vacationers. This article discusses the Court of Appeal decision of Innab Salil and 6 others v Verve Suites Mont Kiara Management Corporation.