AKTA KEBANKRAPAN 1967 PDF

You can download the paper by clicking the button above. I am honoured to present this lecture in memory of Sir Richard Blackburn. There can be little doubt that Sir Richard would have understood the demands of judgment writing. He was also a staunch advocate of judicial independence.

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Feel free to forward this to your colleagues. PROSEDUR SIVIL: Pembatalan - Pernyataan tuntutan - Kausa tindakan berasaskan misfeasans dan kecuaian - Tuntutan berasaskan perjalanan pentadbiran kes kebankrapan - Kewujudan isu-isu perundangan berkenaan pematuhan Kaedah-Kaedah Kebankrapan - Sama ada tuntutan plaintif telah mendedahkan kausa tindakan yang munasabah - Sama ada mahkamah dilarang daripada menentukan isu-isu perundangan sebagai merit atau sebaliknya dalam permohonan pembatalan tuntutan - Sama ada isu perundangan mewajarkan ianya dibicarakan.

TRUSTS: Constructive trust - Property - Dispute among siblings over property - Property bought by late father and registered under name of elder daughter - Whether property registered under name of defendant a trust property - Whether it was intention of late father that said property to be held in trust by defendant and to be distributed equally among all siblings - Whether defendant was holder of property in trust for her siblings.

TRUSTS: Constructive trust - Breach of trust - Remedies to beneficiaries - Trustee selling trust property - Purchaser knew property was held in trust before purchasing - Whether there was breach of constructive trust by defendant - Whether purchaser who bought property knowing it was trust property could become a bona fide purchaser for value - Whether plaintiffs' beneficial interest in property retained even after property was sold to purchaser - Whether plaintiffs were entitled to proceeds of sale of property.

LAND LAW: Acquisition of land - Compensation - Appeal against amount of compensation awarded by land administrator - Land under development at time of acquisition by state government - Market value - Whether compensation awarded by land administrator was reasonable - Whether land administrator applied correct market value in awarding compensation.

LAND LAW: Acquisition of land - Injurious affection - Allegation that acquisition created obstacle to right to access - Claim for damages - Costs of constructing link bridge - Allegation of deprivation of right of access to other parcel of land and main road - Whether appellant had a valid right to access from beginning - Whether there was deprivation of right of access as a consequence of acquisition - Whether appellant could claim for compensation for loss of access.

Pan Wijaya Property Sdn Bhd v. Projek Lebuhraya Usahasama Bhd v. Sarjit Kaur Tharam Singh lwn. Sheela Christina Nair v. Costs - Claim for - Legal fees incurred by patient in obtaining court order for discovery of medical records - Whether originating summons involved surgeon as party - Whether decision to release medical records vested with surgeon - Whether claim allowed Sheela Christina Nair v.

Frustration - Sale and purchase - Sale and purchase transaction of land conditional upon grant of consent to transfer - Application for consent to transfer rejected - Whether contract for sale impossible to perform - Whether contract frustrated - Whether court could grant specific performance - Whether caveat lodged on land ought to be removed Pan Wijaya Property Sdn Bhd v.

Dangerous Drugs Act - Section 39B 1 a - Trafficking - Reduction of charge from trafficking to lesser offence of possession - Whether flawed, unsupported and against weight of evidence - Defence of innocent carrier - Whether established - Whether prosecution proved case of passive possession - Whether there was active act of transporting, carrying and concealing of dangerous drugs - Whether prosecution proved case of direct trafficking against respondent beyond reasonable doubt - Whether trial judge fell into serious error when reducing charge - Whether custodial sentence imposed by trial judge set aside and substituted with mandatory death sentence PP v.

Appeal - Appeal by prosecution - Reduction of charge from original charge of trafficking under s. General damages - Pain and suffering - Physical injuries and deprivation of amenities of life - Whether lump sum award appropriate Sheela Christina Nair v. Negligence - Medical negligence - Quantum of damages - Patient suffered severe complications after surgery performed by surgeon - Loss of income - Whether patient unable to work for 12 months post surgery - Claim for future medical treatment - Likelihood or risk of patient requiring surgical and non-surgical medical treatment - Weight of medical evidence showed patientf likely to have future surgeries - Whether reasonable and fair amount awarded Sheela Christina Nair v.

Special damages - Quantum of - Medical negligence - Plaintiff suffered severe complications after surgery performed by surgeon - Whether travelling expenses a form of special damages - Whether reasonably incurred - Whether plaintiff entitled to claim for costs of extra nourishing supplements, medical supplies and care by family members - Whether documents furnished to substantiate claims Sheela Christina Nair v.

Negligence - Medical negligence - Quantum of damages - Patient suffered severe complications after surgery performed by surgeon - Claim for medical expenses - Whether patient justified in having sought treatment at hospital in another country - Whether particular medical treatment not available at local hospital - Whether patient only entitled to one third of out of pocket expenses Sheela Christina Nair v.

Negligence - Medical negligence - Quantum of damages - Patient suffered severe complications after surgery performed by surgeon - Whether medical expenses paid by insurer ought to be recovered by patient - Whether patient incurred out of pocket expenses - Civil Law Act , s.

Tatatertib profesional - Salah laku - Jualan hartanah - Keputusan Lembaga Tatatertib memerintah perayu dibatalkan daripada Daftar Peguam Bela dan Peguam Cara - Rayuan terhadap keputusan - Alasan-alasan rayuan - Kegagalan menggubal tuduhan terhadap peguam - Lembaga Tatatertib menambah tiga dapatan sokongan sebagai tambahan kepada dapatan Jawatankuasa Tatatertib - Sama ada memprejudis pembelaan peguam - Sama ada peruntukan s.

The popularity of alternative dispute resolution is undoubtedly increasing in order to solve any legal disputes, but the enforceability of ADR agreements, except arbitration clauses, has always been in doubt.

It is a very crucial issue in the field of ADR whether a clause to mediate or negotiate is binding, and whether such agreement is enforceable in a court of law.

The main objective of this article is to analyze how the judiciaries of different territories, particularly UK and Australia, contributed to the development of the legal enforceability of ADR agreements. It also attempts to evaluate why the legal enforcement of non-arbitral agreements was opposed, and to examine the current position with reference to recent developments.

It is largely analytical in nature, and widely based on decided judicial decisions. The enforceability of ADR agreements in cyberspace online environment will not come within the purview of this study. Alternative Dispute Resolution refers to the wide spectrum of legal avenues that use any means other than trial to settle disputes as it is considered as alternative to litigation.

There is a wide variety of dispute resolution mechanisms or processes by which a conflict is resolved without formal judicial process. The main ADR alternatives to solve disputes between the parties are negotiation, mediation, conciliation, and arbitration. We are grateful to those authors or researchers whose materials were used for the purpose of writing this article.

The authors would also like to express their gratitude to Prof. Your Royal Highnesses, may I begin by thanking Sultan Nazrin Shah most sincerely for his extraordinary generosity in inviting me and my wife to Malaysia and for the warmth of his welcome. We are deeply grateful and honoured to be here. May I also thank Professor Tan Sri Visu Sinnadurai for his meticulous planning of our visit and the kindness he has shown to us throughout our stay. Distinguished guests, ladies and gentlemen, it is an enormous pleasure and privilege to deliver the 29 th Sultan Azlan Shah Lecture and a great honour for me to be added to the roll call of distinguished jurists who have given this prestigious lecture since The prestige of this lecture owes everything to the brilliance of His Royal Highness, Sultan Azlan Shah, many of whose judicial and extra-judicial statements about the importance of judicial review resonate with the content of my lecture.

For example, in his celebrated judgment in Pengarah Tanah dan Galian v. The sentiment expressed in these words should be fixed securely in the minds of all judges who are called on to decide claims for judicial review. Articles LNS Article s 4. TRUSTS: Constructive trust - Property - Dispute among siblings over property - Property bought by late father and registered under name of elder daughter - Whether property registered under name of defendant a trust property - Whether it was intention of late father that said property to be held in trust by defendant and to be distributed equally among all siblings - Whether defendant was holder of property in trust for her siblings TRUSTS: Constructive trust - Breach of trust - Remedies to beneficiaries - Trustee selling trust property - Purchaser knew property was held in trust before purchasing - Whether there was breach of constructive trust by defendant - Whether purchaser who bought property knowing it was trust property could become a bona fide purchaser for value - Whether plaintiffs' beneficial interest in property retained even after property was sold to purchaser - Whether plaintiffs were entitled to proceeds of sale of property.

LAND LAW: Acquisition of land - Compensation - Appeal against amount of compensation awarded by land administrator - Land under development at time of acquisition by state government - Market value - Whether compensation awarded by land administrator was reasonable - Whether land administrator applied correct market value in awarding compensation LAND LAW: Acquisition of land - Injurious affection - Allegation that acquisition created obstacle to right to access - Claim for damages - Costs of constructing link bridge - Allegation of deprivation of right of access to other parcel of land and main road - Whether appellant had a valid right to access from beginning - Whether there was deprivation of right of access as a consequence of acquisition - Whether appellant could claim for compensation for loss of access.

Please subscribe to cljlaw or login for the full article. Principal Acts Number. Forest Research Institute Malaysia Act Redemptorist Fathers Incorporation Act Revised Bernama Act Revised Interest Schemes Act Strata Titles Amendment Act Land Acquisition Amendment Act National Land Code Amendment Act Gas Supply Amendment Act Date of Publication.

Customs Duties Exemption Amendment No. Audit Amendment of First Schedule Order Customs Duties Tioman Amendment Order Appointment of Deputy Public Prosecutor. ACT

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