Economic activities slowed down as people around the world heed respective governments’ advice to stay indoors as the Covid-19 pandemic ravages through global economies, distressing businesses across sectors and industries…
Author: Guest Author
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Biased In Writing: Can Judges Be Recused On Grounds Of Bias Arising From A Written Judgment?
Justice must not only be done, but must be seen to be done. This statement contains the expectation that when parties appear before a judge, he would adjudicate between them in an impartial manner. This article seeks to discuss the law in relation to judicial bias, particularly apparent bias arising from a written judgment.
Stay of Proceedings under Arbitration Act for A Judgment In Default
A Judgment in Default of appearance is obtained by a Plaintiff when a Defendant fails to enter appearance upon the service of Writ and Statement of Claim by the Plaintiff. However, where a litigant ought to have referred the dispute to arbitration, an application could be made by the Defendant to stay the proceeding.
Offer to Settle under Order 22B of the Rules of Court 2012
An offer to settle is an “offer of compromise” which may be invoked by parties to a proceeding to “tempt” or to “pressure” their opponents to compromise or to settle before the matter is decided by the Court. Such an offer is deemed to be an offer made without prejudice save as to costs.
Can You Bring a Civil Suit for Adultery?
The law defines adultery as an act of voluntary sexual intercourse between a man and a woman who are not married to each other, but at least one of them is married at the time of the act. Adultery happens to be one of the legal grounds to file for a divorce for civil marriages (non-Muslims marriages) in Malaysia.
Dismissal of Parties’ Rejoinder – A Breach of Natural Justice?
Parties are given the right to present their case in the course of proceedings of Construction Industry Payment and Adjudication Act 2012. However, it is not unheard of for parties to be submitting Rejoinder in the course of their proceedings to add further evidence or clarification. Is it then a breach of natural justice when an Adjudicator dismiss parties’ application for a Rejoinder?
What Happens to Your Estate if You Pass Away Intestate?
Should a person pass away without leaving a will (intestate), what happens to their estate, be it monies or property, leaving no heir to inherit accordingly?
Setting Aside a Judgment obtained by Fraud via Impeachment Proceedings: How Far is this Possible?
“…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.”
Enforcing Your Will
Making a Will is one of the most important things you will ever do to ensure that your loved ones are taken care of by your estate after your demise. In theory, you could scribble your Will on a piece of scrap paper. As long as it is properly signed and witnessed by two adult…
An Overview of the Industrial Court Hearing Process [INFOGRAPHIC]
Employees are often at a loss upon being dismissed from employment; not knowing the proper channel to air their grievances or seek help and advice. Fret not! Let us walk you through the process of Industrial Court hearing. (1) Filing A Representation An aggrieved employee has 60 days from the date of his dismissal/retrenchment to…