Seksyen 38 Akta Bekalan Elektrik 1990 memberi kuasa kepada pemegang lesen (pembekal elektrik) untuk memotong bekalan elektrik sekiranya terdapat alasan yang munasabah bahawa suatu pengusikan pepasangan meter telah dilakukan.
Author: Ahmad Iyas Husni
Making the Case for a Pre-Action Protocol in Malaysian Civil Litigation
On 03.02.2020, the Chief Judge of Malaya had released a new Practice Direction No. 1/2020 (“PD No. 1/2020”) detailing, amongst other things, the handling of case managements in civil cases before trial. On 23.12.2020, PD No. 1/2020 was expanded via Practice Direction No.1/2021 to expand its application to number of new cases…
The Benefits of Filing a Police Report for Cases on Fraud
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 Benefits of Filing a Police Report for Fraud Cases
Fraud is one of the hardest causes of action in civil litigation that an aggrieved litigant may have to deal with. Overlapping substantially with elements of criminal law, fraud can be loosely defined as “a false representation has been made knowingly, or without belief in its truth, or recklessly, careless whether it be true or false” based on the seminal case of Derry v Peek (1889) 14 App Cas 337.
Stay of Executions Proceedings
When a party is appealing a decision of a lower court to a higher court, it is trite that appeals do not operate as a stay of execution (see s.57 of the Court of Judicature Act 1964). This would mean that when judgment has been laid down, the successfully party may proceed to enforce and…
Preparing your Appeal Papers to be Filed in the Court of Appeal
When you’ve received judgment in the High Court which you are not satisfied with, you may want to consider filing an appeal to the Court of Appeal to reverse the High Court’s order. These appeal papers should not be taken lightly.
Executing an Order for Vacant Possession in Eviction Proceedings
In tenancy eviction proceedings, a landlord is typically required to initiate proceedings pursuant to s.7(1) of the Specific Relief Act 1950. Upon successful litigation, the landlord will obtain an order entitling them to delivery of vacant possession of the rented property. But is this order enough to successfully evict a tenant willfully staying over? It…
An Overview of for Further and Better Particulars
One of the core elements of any litigation is the state of a party’s pleadings. In the High Court case of Mohd Radzi Bin Abu Bakar v Kerajaan Malaysia & Ors [2004] 5 MLJ 255 at para [43] that: “…There is a primary obligation to state in the pleadings all the ‘necessary particulars’ of any…
The Procedural Requirements behind Pleading Fraud
Pleadings represent the cornerstone of any litigant’s case. Such is the importance of pleadings that it is a cardinal rule of law that parties are bound by their pleadings and are not allowed to adduce facts which has not been adduced nor should a court attempt to make a case for a party if it is not pleaded.
The Appointment of Receivers under Order 30 of the Rules of Court
A receiver is an independent third person whose duty is to collect all the assets of a company in distress in order to realise them. Proceeds of the sale from these assets are to be utilised towards settling the debt of the company (see the Federal Court case of Dato’ Seri Dr Kok Mew Soon…