Although the Federal Court has determined that the standard of proof for proving fraud is based on a balance of probabilities, the factual complexity in most fraud cases cannot be understated. Combined with the elaborate concept of fraud in its most fundamental sense, it may often times be the case that it will be very difficult to obtain evidence and proof relating to issues of fraud.
The use of video conferencing in Courts is not new. Due to COVID-19 and the Movement Control Order, the civil courts have also allowed more hearings to be conducted online. We have even recently seen a Court of Appeal hearing live-streamed on the judiciary’s website. Can the same be adopted by the Industrial Court?
For a contract to make sense or be worthwhile, all parties to the contract must receive some sort of benefit from it. In legal sense, this is called Consideration. Consideration is an essential element in every contract and/or agreement. Consideration refers to the benefit that each party receives or expects to receive from the contract.
Employees whose monthly salary does NOT exceed RM2,000 is protected under the Employment Act whereas others are considered as the “Non-EA Employees” which will usually be governed by the terms of their contract of employment. However, most employers still use the Employment Act benefits as a guideline or “bare minimum”, even for the Non-EA Employees.
An offer to settle is an offer to compromise a matter or dispute in a suit with certain consequences of cost. The offer to settle mechanism replaced the previous method of payment into court however the principles remain the same.
The small claims procedure is put into place to allow direct access to justice for simple and straightforward disputes. Of course, there is nothing in law which forbids individuals from being a litigant in person, even for claims exceeding RM5,000.00. However, facing an opponent in court with an army of lawyers is no easy feat.
With knowledge at our very finger tips (and phones), most people understand that an injunction is a court order obtained to compel or restrain someone or something for a temporary or indefinite duration. The most notable injunctions include your freezing orders, search orders, fortuna injunctions and the ordinary interlocutory injunction. The Erinford Injunction, however, is the rarer breed worth noting.
Although the notice period issue is only looked at from the lens of an employee most of the time, it should not be overlooked that employers similarly have rights to ensure that a resigning employee complies with their contractual obligations. An abrupt resignation or abandonment of employment can cause an employer loss and damage as there would be an unplanned vacancy.
Once upon a time, there was an Ahlong named Ah Ben. A factory worker, Ah Kao was in dire need of cash, and decided to take a loan from Ah Ben. Ah Kao didn’t repay the money when it was due, so Ah Ben showed up at his door and beat Ah Kao up badly with a metal rod.
In Part 1, we have discussed what are the apportionments determined for spouse, parents, daughter(s) and granddaughter(s). Therefore, in this Part 2, we will discuss how will a sibling or grandparents inherit from the deceased according to the Islamic law.