LINCOLN RESOURCE

WARRANT OF AUTHORITY

2010-09-06T11:58:00.003+08:00

FORM B

( Rule 4)

IN THE INDUSTRIAL COURT

Section 27 of the Act

WARRANT OF AUTHORITY

In the matter of Kes No. 4/4-824/10

Between

LAI MENG HUA

And

TAI KWONG BATTERY (KL) SDN.BHD

I, LAI MENG HUA, hereby authorise the law firm of VijiaRajan & Associates to represent the Claimant at the proceedings before the Industrial Court in this case.

He is a legal practitioner appearing by permission of the President.

Dated this 7th day of JuneSeptember 2010 .

…....................................

LAI MENG HUA

5C-05-03 Blok C,D ’ Kiara Apartment

Jalan Wawasan 4/12 Pusat Bandar Puchong

47100 Puchong.

COERCION

2010-09-05T12:36:00.002+08:00

A TRUE CONTRACT REQUIRES THE AGREEMENT OF PARTIES THERETO FREELY MADE WITH FULL KNOWLEDGE AND WITHOUT ANY FEELINGS OF RESTRAINT.

POLLOCK & MULLA ON INDIAN CONTRACT AND SPECIFIC RELIEF ACTS 10TH EDITION AT PAGE 117

[2010] 2 MLJ PAGE 3

2010-07-08T14:16:00.004+08:00

TAN YIN HONG V TAN SIAN SAN & ORS

It is trite law that this Court may depart from its earlier decision if the former decision sought to be overuled was wrong,uncertain, unjust or outmoded or obsolete in the modern conditions. As it was clear that the Federal Court in the Adorna Properties case had misconstrued S340(1) (2) and (3) of the NLC and thus came to the erroneous conclusion that the proviso to S340(3) applied equally to S340(2), this error needed to be remedied forthwith in the interest of all the registered proprietors.
PS With the above decison, the principle as laid down in Adorna Properties was unceremoniously buried.

PROSAIC- ITS MEANING

2010-07-08T13:52:00.004+08:00

prosaic - lacking imagination

The Chancery Division

2010-07-07T12:35:00.002+08:00

The Chancery Division of the High Court undertakes civil work of many kinds, in particular business and property related disputes and including some specialist work such as companies, competition, insolvency and patents and other intellectual property.

THE LAW AND ITS IMPORTANCE

2010-07-07T12:30:00.006+08:00

" Law,says the Judge as he looks down his nose,
Speaking clearly and most severely
Law is as I have told you before
Law is as you know I suppose
Law is but let me explain it once more
Law is the Law."
W.H AUDEN, extract from Law is like Love."

LLB,LLM- THEIR MEANING

2010-07-06T15:11:00.002+08:00

LLB abbreviation for Latin Legum Baccalaureus [Bachelor of Laws]
LLM abbreviation for Latin Legum Magister [Master of Laws]

[2009] 9 MLJ p.509

2010-07-06T13:07:00.002+08:00

LIM CHENG BOON V F & N DAIRIES (M) SDN. BHD
HIGH COURT - KUALA LUMPUR
ISSUE: WHETHER RELATIONSHIP OF AGENCY EXISTED
HELD: THERE WAS AN AGENCY BETWEEN THE PLAINTIFF AND THE DEFENDANT BECAUSE THE DEFENDANTS INVOICE MENTIONED THE WORD "SALESMAN" AND WAS GIVEN A CODE NUMBER 2949

[2009] 9 MLJ 464

2010-07-06T12:06:00.001+08:00

DATO KUAH TIAN NAM V TAN WRUN PENG
Whether bankrupt Plaintiff had locus standi to institute proceedings against defendant. Plaintiff adjudicated bankrupt in Singapore.

Held: Sect 104 of the Bankruptcy Act 1967 provides for reciprocal provisions between Singapore and Malaysia in all matters and bankruptcy. Plaintiff had no locus standi to institute an action here.

[2009] 9 MLJ p.328

2010-07-06T11:57:00.001+08:00

ARCTIC BUILDING AND CIVIL ENGINEERING SDN. BHD V AHMAD ZAKI SDN. BHD & ORS
Plaintiff had relied on letters not pleaded it its claims.
Held: The letters of appointment to the plaintiff had categorically showed that it was the third defendant who had appointed the plaintiff to supply sand and earth for the project.A Contract cannot confer rights or impose obligations arising under it to any person except the parties to the contract itself.

[2009] 9 MLJ 318

2010-07-06T11:52:00.000+08:00

BOO ARE NGOR ( Claiming as the lawful trustee of Kim Leng Tze Temple) v Pentadbir Tanah Daerah Muar & Anor
Civil Procedure- Whether 14 days requirement to file affidavit in reply mandatory.
Held: The word 'must' that appears in Order 28 r 3(4) of the RHC requires the 14 day requirement to be mandatorily complied with or otherwise there would be no end to the old habits of filing affidavits at the last minute prompting the other side to seek adjournments.

AHMAD NAZARI V PP

2010-07-06T11:45:00.001+08:00

HIGH COURT - ALOR SETAR- CRIMINAL APPEAL NO 42-11 OF 2005

Criminal Law-Penal Code- S376-Rape- Whether identification parade was unfair
The accused was charged under S376 of the Penal Code with two seperate offences of raping a 63 year old female rubber tapper.
Held: The identification parade were made up of members of the public and inmates from the lock-up
Sentence- 14 years imprisonment and six strokes of whipping

SEQUESTRATION

2010-07-05T15:02:00.001+08:00

SEQUESTRATION-ITS MEANING
Legal Meaning
a. Seizure of property.
b. A writ authorizing seizure of property.
sequestration - seizing property that belongs to someone else and holding it until profits pay the demand for which it was seized

AKTA PERHUBUNGAN PERUSAHAAN 1967

2010-07-05T14:56:00.000+08:00

"dengan niat jahat" ertinya melakukan suatu perbuatan salah sengaja tanpa sebab atau alasan yang adil, sama ada sejajar dengan pertikaian perdagangan atau tidak;

PP V DULAMIT & ANOR

2010-07-05T13:47:00.005+08:00

HIGH COURT [ SHAH ALAM]- CRIMINAL TRIAL

[2009] 9 MLJ P.249

FACTS: The 2 accused went out and consumed MANY bottles of beer and stout. Peddlar tried to sell CD.Stout drinkers declined. CD seller abused them verbally.One accused whacked him over the head with a plastic chair -second accused smashed a flower pot over the deceased head. Deceased gave up the ghost.The 2 arrested and charged.Both pleaded guilty.
Held: Convicting both the first and second accused and sentencing them to nine years and six years respectively.

SHANGRI LA HOTEL ( KL) SDN. BHD V KESATUAN KEBANGSAAN PEKERJA2 HOTEL

2010-07-05T13:35:00.001+08:00

[2009] 9 MLJ 242
HIGH COURT ( KUALA LUMPUR) APPLICATIOIN FOR JUDICIAL REVIEW NO R1-25-102 OF 2007
The Industrial Court was limited and restricted only to issues referred to it by the Minister by on order of reference.

CHONG KOW V KESAVAN GOVINDASAMY

2010-07-03T13:06:00.000+08:00

[2009] 8 MLJ P. 41

Contract- Illegality- Passport used as security- Whether loan breached Passports Act 1966.
Held: The loan agreement was an illegal contract as it was forbidden by law

PP V THURAIRAJ

2010-07-01T13:37:00.004+08:00

[2009] MLJ 9 P. 40
HIGH COURT - SHAH ALAM - CRIMINAL TRIAL NO 45-114 OF 2005
CRIMINAL LAW - MURDER
Facts : On Dec. 13 2003 a partially burnt corpse of an adult male was found at the edge of the road in Lipat Kajang. Accused arrested and charged.
In the course of cross examination, the accused began to give details pertaining to the incident on the afternoon of 12 December 2003.
Held. On the totality of the evidence, it was established that the accused intended to kill the victim.

RH BANK BHD V UJANG BIN CHE DAUS

2010-07-01T13:28:00.000+08:00

[2009] 9 MLJ PAGE 29
HIGH COURT [ KUALA LUMPUR] SUIT NO D2-22-3968
Issue : Share financing facility- Forms signed by borrower.
Held: It was clear to the Court that the Defendant did sign the share financing facility agreement.He was therefore bound by it.The Defendant was neither illeterate nor did he plead non est factum ( not my deed)

CALEY OTOTO WORLDWIDE SDN. BHD V SUN WEN LONG

2010-07-01T13:20:00.000+08:00

[2009] 9 MLJ PAGE 1 HIGH COURT KUALA LUMPUR - CIVIL SUIT NO S3-22-496
ABDUL MALIK ISHAK
Issue: Whether testimony of material witness can be adduced through third person.
Held: It is trite that witnesses must give their testimony orally in Court, and must testify only to matters within their own first hand knowledge.

PP V DULAMIT BIN SULAIMAN & ANOR

2010-06-30T14:34:00.001+08:00

[2009] 9 MLJ P. 249 HIGH COURT-SHAH ALAM
NALLINI PATHMANATHAN JC

CRIMINAL LAW- MURDER-POST MORTEM REPORT-PATHOLOGIST REFUSED TO TESTIFY
Held: Although the pathologist could not be called as a witness the post-mortem report was admissible in evidence under S340 of the Criminal Proceure Code.

WESTWOOD V THE POST OFFICE

2010-06-29T13:31:00.002+08:00

ALL ENGLAND REPORTS 1973 page 283
COURT OF APPEAL , CRIMINAL DIVISION
Employee trespassing into another room and fatally injured by falling through trapdoor- Whether Employer liable.
Held: The ordinary plain common sense of the matter is that the deceased brought his death on himself by disregarding the notice.

LNS- ITS MEANING

2010-06-28T14:50:00.003+08:00

The Legal Network Series is a compilation of cases that have not been published by MCLJ. [Malayan Current Law Journal]

R v Paddington

2010-06-28T13:19:00.002+08:00

Lord Denning once wrote, in R v Paddington, that:

"The court would not listen, of course, to a mere busybody who was interfering in things which did not concern him. But it will listen to anyone whose interests are affected by what has been done."

[2010] 2 CLJ P. 677

2010-06-26T13:40:00.000+08:00

SUBRAMANYAM SANNASY V SAC II SYED ALWI HAMID & ANOR
Issue: Error of law in letter of dismissal stating wrong Regulation under Public Orders.
Held: The erroneous reference to the wrong regulation, namely Regulation 38 instead of Regulation 37 did not vitiate or invalidate the decision to dismiss the appellant. On the whole no injustice had been occassioned.

CHIA SIEW LI V LIEW KHEY CHEONG & ANOR

2010-06-26T13:30:00.000+08:00

[2010] 4 CLJ 1- 36
Deceased and Plaintiff wanted to register their marriage on 26.5.2006. On 16.5.2006 the man unexpectedly died of a heart attack..
The Plaintiff was not a wife within the meaning of Section 6(1) (b) Distribution Act 1958.

UDA HOLDINGS 2009-2 MLJ - P 408.

2010-06-25T14:15:00.002+08:00

UDA HOLDINGS V MELAWAR LEISURE SDN. BHD
Facts not pleaded-whether could be considerd by the Courts.
The parties were bound by their pleadings ; in the absence of pleadings evidence if produced by the parties cannot be considered and no party shall be permitted to travel beyond its pleadings.

WESTMINISTERCITY COUNCIL V C AND ORS

2010-06-25T12:40:00.001+08:00

LAW REPORTS - FAMILY DIVISION - 2009
Man in UK married by telephone to woman in Bangladesh- Marriage valid according to Bangladeshi Law-
Lord Justice Wall- I am therefore firmy of the view that this marriage is not entitled to recognition in English Law.

THE LAW REPORTS 1985 pages 374-424 [ APPEAL CASES]

2010-06-23T15:33:00.003+08:00

COUNCIL OF CIVIL SERVICES UNION V MINISTER FOR THE CIVIL SERVICE
Judicial Review- Crown-Prerogative Power-Minister for Civil Service issuing instructions under Order In Council-Whether open to review by Courts.

LINA JOY V MAJLIS AGAMA ISLAM WILAYAH & ANOR [2004] 2 MLJ 119 . PAGE 143

2010-06-22T14:51:00.004+08:00

LINA JOY V MAJLIS AGAMA ISLAM WILAYAH & ANOR [2004] 2 MLJ 119 . PAGE 143
The High Court stated at p. 143 "... therefore a person as long as he or she is a Malay and by definition under Article 160(2) is a Malay the said person cannot renounce his or her religion at all."

Employer cannot sack without a valid reason

2010-06-22T13:34:00.000+08:00

KAMA MORRIS S/B LEE CHWEE SAY [1990] 1 ILR 435
THE ABSOLUTE RIGHT OF AN EMPLOYEE UNDER THE COMMON LAW TO HIRE AND FIRE IS, HOWEVER, NO LONGER AVAILABLE TO HIM [THE EMPLOYER] COMPLETELY UNDER THE INDUSTRIAL LAW.

AUSTRALIAN CASE

2010-06-22T13:24:00.000+08:00

SPARROW V LITTLE T/A MILK PLUS 78 IR 365
The Industrial Relations Commission of South Australia found that the appellant had been constructively dismissed when her salary was reduced by 20%.

PAY CUT

2010-06-22T13:20:00.000+08:00

KEJURUTERAAN SAMUDRA TIMUR S/B V SELI MANDOH [2004] 1 CLJ 393
Raus Shariff J: To me the learned Chairman was right to conclude that the unilateral deduction of an employee's pay constitutes a fundamental and repudiatory breach of the contract of Employment."

PAY CUT

2010-06-22T13:15:00.001+08:00

NORTH MALAYSIA DISTRIBUTORS S/B V ANG CHENG POH [2001] 3 ILR 387
The pay- cut was a unilateral decision of the Company without regard to the Claimants objection. Despite the Claimant not signing the consent to a pay-cut , the Company went on with the pay-cut from the Claimant's salary for the month of May.
Court Held: Employer had breached the employment contract.

SRI SUTERA TRAVEL S/B V UM NUSMAYAH

2010-06-22T13:08:00.002+08:00

[1997] 3 ILR 756
The Court held that deductiong an Employees salary without her
consent was a serious breach of the implied term of confidence and trust betwen the employer and the employee. Such a breach is a fundamental breach amounting to a repudiation since it goes to the root of the Contract.

ENGLISH EMPLOYMENT APPEAL TRIBUNAL

2010-06-22T13:03:00.000+08:00

ADAMS V CHARLES ZUB ASSOC LTD [1978] 1 LRL 55
Failure to pay an employee's salary on the due date may amount to conduct which constitutes a breach going to the root of the contract or which shows that the employer has no intention thereafter to honour the contract and thus justifies the employee in resigning.

NOT PAYING SALARY ON TIME

2010-06-22T12:56:00.000+08:00

BSN COMMERCIAL BANK V ARUMUGAM RAMASAMY [2006] 4 ILR 256
Failure to pay salary when it falls due was a serious breach entitling the Employee to walk out of his employment.

MAIN CASES ON DOMESTIC ENQUIRIES

2010-06-22T12:49:00.000+08:00

DREAMLAND CORPORATION V CHOONG CHIN SOOI [1988] 1 MLJ 111
WONG YUEN HOCK V SYARIKAT HONG LEONG ASSURANCE [1995] 2 MLJ 752
MILAN AUTO S/B V WONG YEH SEN [1995] 3 MLJ 537
The above cases held that the failure by a Company to hold a pre-dismissal Domestic Enquiry could be cured by the hearing before the Industrial Court.

PENANG MUTIARA BEACH RESORT V MOHD AMIN MAHMUD HAIDAR

2010-06-22T12:42:00.000+08:00

[2003] 3 ILR 1358
FAILURE TO HOLD DI WAS NOT FATAL AND IT WAS OPEN TO THE EMPLOYER TO JUSTIFY HIS DECISION IN DISMISSING THE EMPLOYEE BY LEADING RELEVANT EVIDENCE BEFORE THE INDUSTRIAL COURT.

IMPORTANT POINT TO NOTE

2010-06-22T12:38:00.000+08:00

SISTEM PENERBANGAN MALAYSIA BERHAD V ROSLI ABDULLAH [1997] 3 ILR 224
If the dismissal was based on S15(2) EA ther was no need to hold a Domestic Enquiry before terminating the employment of an employee.

SYARIKAT SISTEM PENERBANGAN MALAYSIA BHD V HARBAN SINGH

2010-06-22T12:34:00.001+08:00

[1994] 2 ILR 1172
Since it is the employees defence that he was permitted by the Company to take leave, the burden lay on the Employee to prove the said permission by giving proper evidence before the Court.

MULTICORE SOLDIERS S/B, PERAK V CHANDRA [1996] 1 ILR 196

2010-06-22T12:30:00.000+08:00

Act of leaving Company without leave being approved amounted to insubordination. Hence the dismissal of the employee was with just cause.

CASE OF THE WEEK

2010-06-22T12:24:00.001+08:00

SEAN O'CASEY PATTERSON v. CHAN HOONG POH & ORS AND ANOTHER APPEAL COURT OF APPEAL, PUTRAJAYA
TENGKU BAHARUDIN SHAH JCA, WAN ADNAN MUHAMAD JCA, AZHAR MA'AH JCA
[CIVIL APPEALS NO: W-01-65-2008 & W-01-66-2008] 30 MARCH 2010

FAMILY LAW: Children - Adoption - Muslims - Whether Registration of Adoption Act 1952 applicable to Muslims - Adoption Act 1952 to be read and interpreted independently of Registration of Adoptions Act 1952 - Nothing to bar application of Registration of Adoption Act 1952 to Muslims

FAMILY LAW: Children - Adoption - Adoption under Registration of Adoption Act 1952 - Whether requirements for adoption satisfied - Whether consent of natural parents obtained - Wrong person named as father in birth certificate of child - Registrar can rely on information regarding parents contained in birth certificate of child - Whether child was maintained and educated by adopters before adoption - Whether proper to dislodge child from adopters - Whether requirements of s. 6 of Registration of Adoption Act 1952 satisfied

FAMILY LAW: Marriage - Validity of - Bride already legally married to another person - Whether marriage void - Law Reform (Marriage and Divorce) Act 1976, ss. 5

LEAVE APPLICATION

2010-06-22T12:18:00.000+08:00

RUBBER THREAD INDUSTRIES S/B V KESATUAN KEBANGSAAN PEKERJA-PEKERJA SYARIKAT-SYARIKAT PEMBUAT KELUARAN GETAH [2006] 2 ILR 826
The Empoyer has no right to impose on the employee the obligation of finding a replacement during his absence from work.

TAKING LEAVE

2010-06-21T16:40:00.001+08:00

ZARINA ATAN V KERJURUTERAAN WARISAN TEKENIK SDN. BHD
[2009] 1 MLJ IX
The Company approved the Claimants leave for only 5 days but she took 15 days to celebrate her marriage.
The Industrial Court held: "It is incumbent upon an employee before going on leave, to ensure that the Company had granted the application for leave because it is at the absolute discretion of the Company.The employee cannot be absent from work and then apply for leave."

HARAPAN RAMAI SDN. BHD V, JOHOR V YAJADESAN RAMAN

2010-06-21T15:51:00.001+08:00

[1997] 3 ILR 410

"An employees right to annual leave cannot be claimed as of right and he must obtain the permission the employer relieving him from attending work."

ANNUAL LEAVE

2010-06-21T15:44:00.000+08:00

MALAYAN LAW JOURNAL- [2009] 1 MLJ PAGE i
Annual Leave which is also commonly known as ' Recreation Leave' or 'Vacation Leave' is paid holiday that all full time employees receive for each year of employment they complete.

EMPLOYEES BLUES

2010-06-21T15:14:00.001+08:00

When the Proton started production and increased employment, the national union went out organising the workers, but failed. A trade unionist explained the incident:
PW: You tried to unionise Proton?

IP: Yes, we did. In fact, we almost succeeded. Almost more than 50 percent of the employees of Proton already joined this union. That was in 87 we recruited them. We had meetings and a series of discussions in Shah Alam . Probably this leaked, the management came to know about it, and they immediately started this so-called inhouse union. It happened so quick and so fast. During a short period of time they managed to get it registered, and they managed to give recognition to their in-house union. I think, within one or two month they were all completed.
(Interview 1995).

HALBURS LAWS OF ENGLAND- 2005- 50 PAGE 302

2010-06-21T15:07:00.001+08:00

The revocable nature of a Will cannot be lost , even by a declaration that it is irrevocable or by a covenant or contract not to revoke it. Vyniors Case 1609 8 CoRep 81b at 82a; Re McDonald (1911) 30 NZLR 896

HALBURS LAWS OF ENGLAND- 2005- 50 PAGE 301

2010-06-21T15:01:00.000+08:00

A Codicil is a later addition to a Will, making any supplemental and considered annexed to a will previously made for the purpose of adding to,varying or revoking the provisionsof that will. A Codicil is capable of having an independant exixtence, so that the revocation of a will does not necessarily have the effect of revoking the will itself.

HALBURS LAWS OF ENGLAND- 2005- 50 PAGE 301

2010-06-21T14:56:00.001+08:00

TESTAMENTARY DISPOSITION
Meaning of Will- A Will or Testament is the declaration in a prescribed manner of the intention of the person making it with regards to matters which he wishes to take effect on or after his death.

1997 1 MLJ 135 page 148

2010-06-20T13:53:00.001+08:00

Pengarah Tanah dan Galian, WP v Sri Lembah Enterprise
" Unfettered discretion is a contradiction in terms.....Every legal power must have legal limits, otherwise there is a dictatorship.... The Courts are the only defence of the liberty of the subject against departmental aggression."

MCGREEVY V DPP 1973- AER- 1- p503

2010-06-18T13:24:00.003+08:00

PROOF BEYOND REASONABLE DOUBT
In a criminal trial, the duty of the Judge is to make clear to the jury in terms which are adequate to cover,the particular features of the case that they must not convict unless they are satisfied beyond doubt of the guilt of the accused.

AIK MING SDN. BHD V CHANG CHIN CHUEN & 3 ORS

2010-06-14T15:03:00.002+08:00

1995- 3 CLJ 641

It is well settled that, unless the Articles of a Company provide to the contrary, no meeting of a Board is valid unless reasonable notice of it and the relevant agenda that is to be discussed is given to the Directors.

JUSTICE HADLEY

2010-06-09T12:18:00.006+08:00

JAMAHAT BIN HJ LIMAN v. ANG SWEE CHUAN
PRIVY COUNCIL UK [BRUNEI DARUSSALAM]
APPEAL NO. 21 OF 1998
LORD SLYNN OF HADLEY, J, LORD LLOYD OF BERWICK, J, LORD STEYN, J, LORD HUTTON, J, SIR CHRISTOPHER SLADE, J
22 JUNE 1998
Their Lordships cannot accept these submissions. The intentions of the two parties to the transactions have to be ascertained with due regard to the words which they used to express them in the three relevant documents. There is nothing in the recitals to any of the documents which suggests that the granting of the power of sale to Malai is to be conditional upon the completion by him of the eight houses. The recitals to the Power of Attorney itself refer merely to Malai's promise to do this work as consideration for the appellant's promise to give him Lot No. 3711.

[2004] 3 CLJ 53

2010-06-08T10:27:00.001+08:00

ATA MANAGEMENT CONSULTANTS SDN. BHD V MAKMURAN SDN. BHD

Issues: Veil of Incorporation- Seperate legal entity-

The point overlooked by counsel by both sides, which they ought to have drawn to our attention, turns on an elementary principle of Company law. It is called the Salomon doctrine. It finds its genesis in the singularly most important case in company law, Salomon v Salomon & Co. Ltd [1897] AC 22. It established the proposition that a Company is a separate and distinct personality from its shareholders.

LAND ACQUISITION ACT 1960 (ACT 486)

2010-06-07T14:16:00.000+08:00

S3(3) (c) Any application made under subsection (1) (b) or (c) shall be accompanied by -

" the preliminary Goverment valuation report of the land to be acquired."

LAND ACQUISITION ACT 1960 (ACT 486)

2010-06-07T14:13:00.001+08:00

3. Acquisition of Land

(1) The State Authority may acquire any land which is needed-

(a) for any public purpose
(b) by any person or corporation for any purpose which in the opinion of the State Authority is beneficial to the economic development of Malaysia or any part thereof to the public generally or any class of the public;
(c) for the purpose of mining or for residential, agricultural, commercial, industrial or recreational purposes, or any combination of such purposes.

COURT OF APPEAL, PUTRAJAYA [2005] 1 CLJ page 71

2010-06-07T13:44:00.003+08:00

DEFAMATION
UTUSAN MELAYU (MALAYSIA) BHD & ORS
V
TJANTING HANDICRAFT SDN. BHD & ANOR
It was no defence to show that the Defendants did not intend to defame the Plaintiffs if reasonable people thought that the language was defamatory of the Plaintiffs. There was recklessness in the publication of the article with total disregard as to whether the statements made were true or false. Therefore there was malicious intent on the part of the Defendants against the Plaintiffs as found by the trial judge.

CONS

2010-06-07T11:44:00.000+08:00

consanguinity
Relationship by blood or by a common ancestor.
A close affinity or connection.

REFUSAL OF REGISTRATION- SECT 10

2010-06-03T12:45:00.001+08:00

REGISTRATION OF ADOPTIONS ACT 1952

10(2)
The registrar shall not register any adoption unless the person applying for registration,or in the case of an application by two spouses, one of the spouses-

(a) has attained the age of twenty five years and is at least eighteen years older than the child in respect of whom the application is made;

(b) has attained the age of twenty one years and is a brother,sister,uncle or aunt, whether by consanguinity or affinity of the child, or, if the child is illegimate, a person who would be so related if the child were legitimate;

(c) is the mother of father of the child.

REGISTRATION OF ADOPTIONS ACT 1952

2010-06-03T12:34:00.006+08:00

APPLICATION FOR THE REGISTRATION OF AN ADOPTION

Application for the registration of an adoption of a child named (i)....................

formerly (ii)........................

I,the undersigned...........................born in ..................race.................religion

(if any) .............ordinarily resident at..................hereby state :

(1) I/We are desirous that the adoption of.....................a child of the ................sex................., and of the ....................race................and religion (if any) ordinarily resident at .....................hereinafter called "the child" be registered under the Registration Of Adoptions Act 1952.

2007 3 ILR p.582

2010-06-02T14:06:00.001+08:00

SRI BAYANAEMAS ROAD FEEDER SERVICES SDN. BHD V ROHANI ABDUL RAHMAN
INDUSTRIAL COURT -PENANG

DOMESTIC ENQUIRY- PROCEDURAL IMPROPRIETY

Moreover, the moment the Claimant introduced herself, the question " You plead guilty?" was shot at her . It could have been put in a more neutral manner like " What is your plea?" Moreover the consequences of a plea was never explained explained to her.
PS. The above is another example of a bungling moron conducting a D.I.

WESTERN EXCAVATING (E.C.C.) LTD V SHARP [1978] 1.Q.B. 761

2010-06-02T13:13:00.000+08:00

Moreover, he must make up his mind soon after the conduct of which he complains: for, if he continues for any length of time without leaving, he will lose his right to traet himself as discharged. He will be regarded as having elected to affirm the contract.

WESTERN EXCAVATING (E.C.C.) LTD V SHARP [1978] 1.Q.B. 761

2010-06-02T13:10:00.001+08:00

If the employer is guilty of conduct which is a significant breach going to the root of the contract of employment, or which shows that the employer no longer intends to be bound by one or more of the essential terms of the contract, then the employee is entitled to treat himself as discharged from any further performance.

1988 1 CLJ 45

2010-06-02T12:57:00.002+08:00

WONG CHEE HONG V CATHAY ORGANIZATION (M) SDN. BHD

The common law has always recognized the right of an employee to terminate his contract of service and therefore consider himself as discharged from further obligations if the employer is guilty of such breach as affects the foundation of the contract or if the employer has evinced an intention or shown an intention not to be bound by it any longer.....

2007 3 ILR p.549

2010-06-02T12:51:00.000+08:00

KONSORTIUM SKS BHD V MOHD ZAHFEREE HJ MOHAMED AMIN

Dismissal- Constructive Dismissal
Held: It was obvious that the Claimant had been a problematic worker and the Company's Human Resource Manager had not been resourceful enough to match his guile.

[2007] 3 ILR 527

2010-06-01T13:49:00.002+08:00

GUNINESS ANCHOR (M) SDN. BHD V GOH KEAT HIN
Claimant abandoning plea of reinstatement at hearing stage

Q. What remedy are you seeking from the Court?
A. Compensation
Q.Apart from compensation, are you only seeking compensation?
A. Yes.
Clearly, the Claimant did not want his job back.In consequence, the Court ceases to have jurisdiction over the matter and cannot grant compensation in lieu of reinstatement.

PS. It appears from the above that the Claimant was wrongly advised by lawyers.

YU CHEE GUAN & ANOR V KACC CONSTRUCTION SDN. BHD [2007]3 ILR 519

2010-06-01T13:32:00.001+08:00

INDUSTRIAL COURT: Types of remedies: What heads of claims can and cannot be awarded by the Courts

The 2nd Claimants claim for unpaid contribution to the EPF Fund could not be allowed by the Court as he had not been physically employed by the Company for that period of time.

2007 3 ILR p.492

2010-05-31T11:35:00.001+08:00

VINCENT PILLAY LEELAKANDA PILLAI & ORS & ANOR CASE

Dismissal: Retrenchment- takeover by another Co- Issue as to who employers of Claimants were- W/R new Company obliged to keep Claimants employed

There were 3 main issues that arose for consideration before this Court. 1st - to determine who the Claimants employers were. 2nd- to determine w/r the YTL Group was liable for the dismissal of the Claimants, and lastly to determine w/r the Claimants dismissal had been with just cause an excuse.

The veil of incorporation was lifted in this case.

ABDUL AZID DESA V MALASIA TRAVEL BUSINESS SDN. BHD [2007]3 ILR

2010-05-29T11:40:00.002+08:00

INDUSTRIAL COURT, PULAU LANGKAWI
Held in favour of the Claimant and disallowing the Company's application to transfer this matter to the KL Industrial Court.
Learned Counsel for the Company contended that the Claimant had failed to produce any documentary evidence to show that he had been facing financial constraints and that he could not afford to go down to KL and as such S 114(g) EA 1950 ought to have been invoked against him.
It is trite law that the strict rules as embodied in the EA ought not to be applied rigidly to industrial adjudication and that equity and good conscience ought to prevail where justice demanded it.

Judge: Md. Amin Firdaus Abdullah

UTUSAN MELAYU SDN.BHD. V TJANTING HANDICFART SDN.BHD.

2010-05-27T15:16:00.002+08:00

DEFAMATION

It is no defence to show that the Defendants did not intend to defame the Plaintiffs if reasonable people thought the language was defamatory of the defendants. There was recklessness in the publication of the article with total disregard as to whether the statements made were true or false. Therefore there was malicious intent on the part of the Defendants against the Plaintiffs as found by the trial Judge.

HLB Nominees ( Tempatan) Sdn. Bhd v SJA Bhd. Anor

2010-05-27T15:08:00.002+08:00

COURT OF APPEAL - PUTRAJAYA- Mokhtar Sidin JCA

Once a court of unlimited jurisdiction makes a ruling, substantive or procedural, final or interlocutory, it must be adhered to and may not be reopend unless that order is clearly illegal, null or void.

( The earlier order could only be reversed by way of an appeal to a higher court and not by way of an application to the same court because there was nothing illegal in respect of it.

WONG SWEE CHIN V PP [1981] 1 MLJ 212 at. p 213

2010-05-26T14:29:00.000+08:00

"There is a general rule that failure to cross examine a witness on a crucial part of the case will amount to an acceptance of the witness testimony.But as it common with all general rules there are also exceptions...."

AYOROMI V PP [2005] 1 CLJ

2010-05-26T14:22:00.002+08:00

"Failure to cross examine a witness on a crucial part of the case will amount to an acceptance of the witness testimony."

Court of Appeal- Judges:- Richard Malanjum JCA, Augustine Paul,
Hasan Lah J.

SECTION 26 EVIDENCE ACT 1950 ( ACT 56)

2010-05-22T11:06:00.002+08:00

Confession by accused while in custody of police not to be proved against him.

(1) Subject to any express provision contained in any written law, no confession made by any person whilst he is in the custody of a police officer, unless it is made in the immediate presence of a Sessions Court Judge or Magistrate, shall be proved as against that person.

This is to avoid a confession where the accused is pressured to confess to something out of fear or oppression.

IMPECUNIOUS

2010-04-29T15:38:00.001+08:00

impecunious- Lacking money; penniless
It was only now that the purchaser realized that the Plaintiff was impecunious.

ORDER 49 SCA 1980

2010-04-27T17:00:00.002+08:00

APPEALS TO THE HIGH COURT

2(1) Appeals to the High Court shall be brought by giving Notice of Appeal in Form 140. A copy of such Notice of Appeal with the date filed endorsed thereon shall be sent by the Registrar to the Registrar of the High Court.

ORDER 49 R 3A (1) SCA 1980

2010-04-27T16:53:00.003+08:00

When the appellant who is represented by a Solicitor has complied with the requirements of Rule 2 of this Order , the appellant shall prepare the requisite number of copies of the Appeal Record and the record shall contain copies of --
(a) the relevant pleadings
(b) the notes of evidence
(c) the grounds of Judgment , provided that the absence of the grounds of Judgment shall not prevent the appellant from proceedings with his appeal
(d) the decision
(e) the notice of appeal
(f) all such documentary exhibits and other documents that parties shall consider relevant for the purposes of the appeal.

A person who intends to appeal,must take note of the above requirements. You cant just send a letter to the Pendaftar saying you want to appeal. He will know immediately you have not read your books.

ORDER 4 & 5 SCR 1980

2010-04-27T16:38:00.000+08:00

(4) The filing of a Notice Of Appeal shall not operate as a stay of execution but the Court may on application and on sufficient cause being shown stay excution on such terms as it may think fit

(5)When either party has extracted the order of the High Court on any appeal and has produced the Order to the Subordinate Court appealed from, the Subordinate Court shall execute the Order in accordance with the provisions of these Orders and Rules.

ORDER 49 R 5 SCA 1980

2010-04-27T15:48:00.000+08:00

ORDER 49 R 6 SCA 1980

2010-04-27T15:46:00.002+08:00

6(1) Notwithstanding anything contained in this Order, an appeal from any decision other than a decision made after trial by the Court shall lie to a Judge in Chambers of the High Court.

(2) The Appeal shall be brought by filing a notice of appeal in Form 140 in the registry of the relevant subordinate Court with a copy extended to the Registry of the High Court, within 14 days from the date on which the decision was pronounced and serving a copy of the notice on every other party to the proceedings.

SUBORDINATE COURT PRACTICE

2010-04-26T19:32:00.003+08:00

ORDER 26A - SUMMARY JUDGMENT

Manner in which an application under Rule 1 must be made - Order 26A r2

(1) An application under Rule 1 must be made by notice in Form 65 supported by an Affidavit in Form 75A verifying the facts on which the claim,or part of the claim, to which the application relates is based and stating that in the deponents belief there is no defence to that claim or part, as the case may be , or no defence except as to the amount of any damages claimed.

(2)......

(3) A copy of the Affidavit in support and of any exhibits referred to therein must be served on the defendant not less then 14 clear days before the return day.

S55 INDUSTRIAL RELATIONS ACT 1967

2010-04-26T11:57:00.004+08:00

SECRECY

(1) The Court may in any proceedings direct -

(a) that any information, book, paper, document or thing tendered in evidence shall not be disclosed or published in any newspaper or otherwise; and

(b) that any such evidence shall be taken in private and that no person who is not expressly permitted by the Court to be present shall be present during the taking of that evidence.

Sometimes the Courts asks the reporters to get lost .Those giving evidence later at the trial will have to leave too. This is to prevent anyone from hearing a certain story in Court and then repeating that same story when his turn comes to appear as a witness.

FORM R

2010-04-26T11:35:00.001+08:00

Rule 24

IN THE INDUSTRIAL COURT

Section 29(c) of the Act

AFFIRMATION

I..............................DO SOLEMLY,SINCERELY AND TRULY DECLARE AND AFFIRM THAT THE EVIDENCE WHICH I SHALL GIVE IN THIS CASE SHALL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH.

Note: For those people who are unable to take oaths because of a religious conviction, they are allowed to make an affirmation instead of swearing. The penalty for perjury is the same.

FORM Q

2010-04-26T11:31:00.000+08:00

Rule 24

IN THE INDUSTRIAL COURT

Section 29(c) of the Act

OATH

I.......................SWEAR THAT THE EVIDENCE WHICH I SHALL GIVE IN THIS CASE SHALL BE THE TRUTH , THE WHOLE TRUTH , AND NOTHING BUT THE TRUTH, SO HELP ME GOD.

ORDER 25 SCA 1980

2010-04-23T16:14:00.001+08:00

EVIDENCE

(1) Subject to the provisions of these rules and of the Evidence Act 1950 and any other written law relating to evidence, any fact required to be proved at the trial of any proceedings by the evidence of witnesses shall be proved by the examination of the witnesses orally in open court.

AFFIDAVITS

2010-04-23T16:07:00.000+08:00

Order 22 r 6 SCA 1980
Dates, sums and other numbers must be expressed in an affidavit in figures and not in words.

ORDER 5 RULE 1 SCA 1980

2010-04-22T19:42:00.000+08:00

SUMMONS

Every summons must be in Form 1.
[ found in Page 170 of the SCA 1980]

A LEGAL MAXIM

2010-04-20T19:16:00.000+08:00

JUSTICE MUST NOT ONLY BE DONE, IT MUST BE SEEN TO BE DONE.

SUMMARY JUDGMENT

2010-04-20T10:03:00.002+08:00

In an action for personal injuries, the judgment is entered with an order for damages to be assessed. [ Tan Ah Chim & Sons Sdn. Bhd. v Lim Kean Siew & Ors [2000] 6 MLJ 670

SUMMARY JUDGMENT

2010-04-20T10:00:00.001+08:00

Actions for damages for negligence are suitable for procedure under 26A only if it can be established that there is no defence to liability. Drummer v Brown [1953]1QB 710.

SUMMARY JUDGMENT - ORDER 26 A SCA

2010-04-19T19:40:00.000+08:00

A case is not suitable for SJ pursuant to Order 14 if the affidavits contain contradictory evidence which cannot be resolved except through trial.( Tetuan Kumar, Jaspal, Quah, & Aishah v Far Legion Sdn. Bhd dan Satu Lagi [2003]6 MLJ 95

RIGHT OF APPEAL

2010-04-19T15:40:00.000+08:00

An Appeal in respect of a decision under Order 26A SCR 1980 shall lie to a Judge in Chambers of the High Court - Order 49 r 6(1) 1980.

APPLICATIONS FOR SJ

2010-04-19T15:27:00.002+08:00

Applications for SJ must be done in open Court.O26A r3(1) while O24 r4 applies to chamber matters. Therefore where there is an application for SJ, it is sufficient for an affidavit-in-reply to be filed and served not less than 4 clear days before the date of hearing.

O26A -SUMMARY JUDGMENT

2010-04-19T15:10:00.001+08:00

Associated Tractor Sdn. Bhd v PMB (Kulim) Sdn. Bhd & Ors [1989] 1 MLJ 245

Where an admission by the Defendant in a letter was sufficient to the Court to allow the Plaintiff's application for SJ.

SCA Order 26A 2.8

2010-04-19T15:01:00.002+08:00

Statement of Information or Belief
An Affidavit containing the statemnt or information or belief must also state the sources and grounds of the information or belief. An Affidavit which did not refer to the sources and grounds would be deemed irregular and inadmissible in evidence. Young v JL Manufacturing Co. Ltd [1900] 2Ch 753

S5(2) MARRIED WOMEN AND CHILDREN(MAINTENANCE) ACT 1950

2010-04-17T16:09:00.001+08:00

Cases in which wife not entitled to allowance

(2) No wife shall be entitled to receive an allowance from her husband under this Act if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband.

FAQ- I am already living with another man and he has promised to marry me. Can I still ask for a Court Order asking my husband monthly maintenance?

The answer can be found in the world of the Chimpanzees. When lady leaves the main guy for a better mate, the previous partner is no more liable to protect or provide.

2010-04-17T16:07:00.000+08:00

Wife living separate from husband

S5. (1) If any person, against whom an order has been applied for or made for the maintenance of his wife, offers to maintain hiswife on condition of her living with him, and his wife refuses to do so, the court shall consider any grounds of refusal stated by such wife, and may make or enforce the order aforesaid,notwithstanding such offer, if it is satisfied that such person is living in adultery or for any other reason it is just so to do.

If the husband asks the wife to come back home and she refuses without a proper reason, the Court will refuse to make such an order for maintenance.( You have to ask your new boyfriend for the $$)

MARRIED WOMEN AND CHILDREN(MAINTENANCE) ACT 1950

2010-04-17T16:04:00.001+08:00

4. If any person wilfully neglects to comply with any order made under this Act, the court, which made such order may, for every breach thereof, by warrant, direct the amount due to be levied in the manner by law provided for levying fines imposed by such court, or may sentence him to imprisonment for a term which may extend to one month for each month's allowance remaining unpaid.

If the person against whom Court Order has been made, he better comply. If not, for every month unpaid, the penalty is an extra month.