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 Q&A sessions on legal issues, ask me *wink*, Criminal, civil, family, probate.... ALL

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SUSlowya
post Mar 30 2017, 08:13 AM

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QUOTE
DSAI was allegedly conducting "unnatural sex" with Munawar Anees (speechwriter) and Sukma Darmawan Sasmita Atmadja (adopted brother) in 1998.
Both "victims" plead guilty at the first place, then both recanted their confessions later, both claiming that they have been coerced for a confession
DSAI sentenced to 9 year of imprisonment on August 2000 (To be serve consecutively with a 6 years imprisonment due to corruption)

this is like a triple jeopardy victim reverse role play or something?

QUOTE(JunJun04035 @ Mar 30 2017, 08:01 AM)
Saiful then swore on the Quran (that he had been fucked by DSAI) in some mosque with the presence of four imams.
Oh really? I missed out the joke of the century.

QUOTE
On 7 March 2014, just before Kajang by election, the Court of Appeal overturned the acquittal of DSAI, upholding a government appeal.

precision timing.

This post has been edited by lowya: Mar 30 2017, 08:18 AM
JunJun04035
post Mar 30 2017, 08:29 AM

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QUOTE(lowya @ Mar 30 2017, 08:13 AM)
this is like a triple jeopardy victim reverse role play or something?
Oh really? I missed out the joke of the century.
precision timing.
*
You really like this phrase huh laugh.gif
TSAbam_Beruang
post Mar 30 2017, 09:32 AM

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QUOTE(Akmall540 @ Mar 29 2017, 04:23 PM)
Saya ada satu soalan.

Pada tahun 2015, semasa memandu kereta, emak saya dilanggar oleh budak sekolah (tiada lesen) dari tepi. Budak sekolah tu nak keluar simpang tapi dia tak nampak kereta emak saya lalu terlajak dan melanggar pintu depan (pintu penumpang depan, belah kiri.) Mak saya terus buat laporan polis di balai polis berdekatan untuk mengelakkan apa apa kejadian yang tak diingini kelak.

Manakala adik saya pula menghantar budak sekolah tu ke klinik dan takde apa apa kecederaan serius pun.

Tapi tahun lepas bulan Oktober ada surat tuntutan dari bapa budak sekolah tersebut yang dihantar melalui syarikat guaman untuk minta tuntutan(mungkin LOD). Jumlah besar tuntutannya adalah bernilai RM500. Emak saya tidak menjawab surat tersebut sebab dia dah tua, biasalah orang kampung.

Lepas tu datang surat untuk naik ke mahkamah berkenaan dengan kes ini.

Soalan saya, apa yang boleh saya lakukan untuk membuktikan yang emak saya tidak bersalah dalam kes ini.

Soalan kedua, adakah saya boleh menyaman kembali bapa budak sekolah tersebut andai kata emak saya terbukti tidak bersalah dalam kes ini.

Sekian, terima kasih.
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Soalan pertama:
Sekiranya tuntutan adalah RM500 sahaja (sila semak document mahkamah), adalah amat pelik kerana mengikut kaedah-kaedah mahkamah, segala tuntutan tidak melebihi RM5ribu TIDAK boleh dikendalikan oleh peguamcara.

Walaubagaimanapun, untuk membuktikan emak kamu tidak bersalah, ini bergantung kepada laporan polis yang telah dibuat. Adakah pihak polis menyiasat laporan polis emak kamu? Boleh minta semak dengan pihak polis.

Selain daripada itu, adakah emak kamu mengambil apa-apa gambar berkenaan dengan accident tersebut? Siapa lagi yang berada dalam kereta ketika accident berlaku? Semua bukti-bukti ini adalah relevant dalam kes kamu.

Sekiranya diperlukan, kamu dinasihatkan untuk mendapatkan nasihat peguam. Duka cita, saya tidak dapat menasihatkan selanjutnya tanpa melihat dokumen ataupun Surat mahkamah tersebut yang disebut oleh kamu.


Soalan kedua:

Tidak perlu menunggu sehingga emak kamu dibukti tidak bersalah. Kamu boleh menyaman terus untuk kerugian yang dialami (seperti kos membaiki kereta...etc).

Dalam semua kes sivil, sesiapa yang menuntut hendaklah membuktikan bahawa kerugian adalah disebabkan oleh tindakan defendan. Oleh itu, sekiranya kamu ingin menuntut kerugian, kamu hendaklah mengemukalan bukti-bukti yang secukupnya.

Dalam kes ini, tuntutan hendaklah dituju kepada PENJAGA budak sekolah tersebut (sekiranya dia masih dibawah umur sekarang). Bukan kepada Bapa dia.
SUSlowya
post Mar 30 2017, 10:26 AM

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double post

This post has been edited by lowya: Mar 30 2017, 10:27 AM
coolstore
post Mar 30 2017, 10:38 AM

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ts,

(1) average it take how long high court summon to be issued (or granted whatever) after plaintiff lawyer filed for civil case?

(2) plaintiff lawyer must tried 3 times to send the summon to defendant only if that failed then can apply for substitute notification on press?

(3) can defendant direct go to plaintiff's lawyer firm to self collect the summon letter without giving out defendant address (for not to be disturbed by plaintiff)? then afterwards engage lawyer to response/reply, put the lawyer firm address as communication address in court filing.

(4) how plaintiff lawyer send summon to defendant reside in singapore (still malaysian ic)? is that go through by singapore court to the person?

(5) if there are 2 defendants, 1 in malaysia, 1 in sg, can they jointly engage 1 malaysia lawyer to response? the sg one need to sign appointment letter (or whatever doc) then done? after that, ALL correspondence / communication go through that lawyer/ lawyer firm address only?

This post has been edited by coolstore: Mar 30 2017, 10:50 AM
SUSEdBaaBaa
post Mar 30 2017, 12:41 PM

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QUOTE(Clearing My Closet @ Mar 29 2017, 04:02 PM)
Need /k advice

I'm going to rent new house soon
But the agent told me on top of deposit fee, i need to pay RM350 for stamp duty cost

When i'm googling around, the actual cost for stamp duty is just RM39 for 1 year tenureship and each copy agreement cost RM10 setem from LHDN

In my calculations it supposed to be:

Stamp Duty: RM39
LHDN: RM10x2 agreement
Total: RM59

If she ask for RM100 i'm ok with it but it's RM350

Did the agent is a liar or i'm wrong in my calculations?

Thanks
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Assuming the stamp duty is actually only RM59 , can the real estate agent charge RM291 (350-59) for her fees? apart from the 1 month's rental she has already charge to the landlord?

A forummer said that it's for the real estate agent preparing the tenancy agreement.

Would that be illegally charging "lawyer's fees" by a non-lawyer?

if yes, what can the tenant do?
Forum68
post Mar 30 2017, 10:49 PM

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QUOTE(EdBaaBaa @ Mar 30 2017, 12:41 PM)
Assuming the stamp duty is actually only RM59 , can the real estate agent charge RM291 (350-59) for her fees? apart from the 1 month's rental she has already charge to the landlord?

A forummer said that it's for the real estate agent preparing the tenancy agreement.

Would that be illegally charging "lawyer's fees" by a non-lawyer?

if yes, what can the tenant do?
*
Ya lar d agent wants to charge for d time and effort as well...think they can do it online as well. Anyway d agency usually have a guildeline on how much to charge for preparation of tenancy agreement..preparing means printing out d template only with details ..

D amount can be negotiated if u r unhappy with it but most agents wl say standard charge by agency!

SUSEdBaaBaa
post Mar 30 2017, 11:11 PM

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QUOTE(Forum68 @ Mar 30 2017, 10:49 PM)
Ya lar d agent wants to charge for d time and effort as well...think they can do it online as well. Anyway d agency usually have a guildeline on how much to charge for preparation of tenancy agreement..preparing means printing out d template only with details ..

D amount can be negotiated if u r unhappy with it but most agents wl say standard charge by agency!
*
Not asking if real estate agent will or will not charge.

Asking if it's legal for real estate agent to charge.
TSAbam_Beruang
post Mar 31 2017, 12:22 AM

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QUOTE(EdBaaBaa @ Mar 30 2017, 12:41 PM)
Assuming the stamp duty is actually only RM59 , can the real estate agent charge RM291 (350-59) for her fees? apart from the 1 month's rental she has already charge to the landlord?

A forummer said that it's for the real estate agent preparing the tenancy agreement.

Would that be illegally charging "lawyer's fees" by a non-lawyer?

if yes, what can the tenant do?
*
The fees charged for preparing the tenancy agreement itself is not really a "lawyer-fees" per se. more like a service fee to prepare the agreement. Hence i dont think it is illegal though. smile.gif

This post has been edited by Abam_Beruang: Mar 31 2017, 10:26 AM
TSAbam_Beruang
post Mar 31 2017, 12:38 AM

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QUOTE(lowya @ Mar 30 2017, 07:46 AM)
Can a prosecutor's client ('victim') statement alone used as a proof of 'separate incident' actually occurred without any CCTV footage or whatsoever?
Does the judge even aware that human's anus discharge stool/fecal daily efficiently that it's impossible to have anything foreign to be retained in the rectum after many flushing of pass motion? let alone after weeks/months for the examination to detect!

Any sperm that remain inside quickly die and their decomposed remains exit during defecation. Google that. Why the ruling can even defy simple common sense and biology without any proof of penetration?

If you were to be DSAI's defense lawyer, how would you argue differently to win?
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1. Victim's evidence can stand alone. But the question is, how much weight can be attached to it. Normally, in sexual cases, court will look for corroboration evidence. It could be anything, medical report, DNA report, CCTV, other witnesses etc.

2. The court considered those factors. But in DSAI case, since the sperm DNA can be extracted and analyzed, means the DNA quality is ok. When there are conflicting expert views, court will consider the grounds and they can choose one over another.

3. Wow that escalated quickly. I am just an old folk who hangs around in kopitiam sembang sembang kosong only. Where got so terrer wor whistling.gif
burgielaw
post Mar 31 2017, 01:35 AM

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@Abam_Beruang, we need more lawyers on our online legal platform.
Forum68
post Mar 31 2017, 09:31 AM

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[quote=EdBaaBaa,Mar 30 2017, 11:11 PM]
Not asking if real estate agent will or will not charge.

Asking if it's legal for real estate agent to charge.
*

[/quote

Thot its quite clear its nothing illegal ie it is legal


TSAbam_Beruang
post Mar 31 2017, 10:26 AM

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QUOTE(Seinz @ Mar 28 2017, 06:36 PM)
LOL at your example,Beruang. You qualified lawyer?

Luckily superman,batman,he-man,spiderman,ultraman (or is autaman?) etc can't sue but their hollywood "owners" might.
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user posted image


Old pipul like me sembang-sembang kosong in kopitiam where got qualifications. blink.gif

A nice kopi-O with roti bakar good enough ad. biggrin.gif
Seinz
post Mar 31 2017, 11:32 AM

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QUOTE(Abam_Beruang @ Mar 31 2017, 10:26 AM)
user posted image
Old pipul like me sembang-sembang kosong in kopitiam where got qualifications.  blink.gif

A nice kopi-O with roti bakar good enough ad.  biggrin.gif
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Eh counsellor bro,I trust your lawyerly (there's no such word I'm sure but it sounds lawyerly in style) advice lar. At least you're concerned for your unfortunate brethren unlike some who won't say anything until they can make you pay.

BTW,counsellor bro,I'm still waiting for your answers b4 I decide on the next step. TQVM for whatever it's worth.

TSAbam_Beruang
post Mar 31 2017, 02:31 PM

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QUOTE(GrimlockRYAN @ Mar 30 2017, 10:55 PM)
If a husband becomes bankrupt , will his debt also affects his wife's assets considering the wife has assets in her name only?
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General answer is no, husband bankrupt nothing to do with the wife.

BUT tongue.gif

If the husband fraudulently transfer assets to the wife before bankruptcy in order to avoid the creditors (2 years before the bankruptcy), then the transfer is void against the director general insolvency. Meaning, the assets which is now under wife's name, the insolvency ppl can seize it for sale to satisfy the debt.
TSAbam_Beruang
post Mar 31 2017, 02:45 PM

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QUOTE(coolstore @ Mar 30 2017, 10:38 AM)
ts,

(1) average it take how long high court summon to be issued (or granted whatever) after plaintiff lawyer filed for civil case?

(2) plaintiff lawyer must tried 3 times to send the summon to defendant only if that failed then can apply for substitute notification on press?

(3) can defendant direct go to plaintiff's lawyer firm to self collect the summon letter without giving out defendant address (for not to be disturbed by plaintiff)? then afterwards engage lawyer to response/reply, put the lawyer firm address as communication address in court filing.

(4) how plaintiff lawyer send summon to defendant reside in singapore (still malaysian ic)? is that go through by singapore court to the person?

(5) if there are 2 defendants, 1 in malaysia, 1 in sg, can they jointly engage 1 malaysia lawyer to response? the sg one need to sign appointment letter (or whatever doc) then done? after that, ALL correspondence / communication go through that lawyer/ lawyer firm address only?
*
(1) to be issued (sealed) by the court, 2-3 days will do, now court very canggih, got e-filling system.

(2) 2 attempts for personal service must be made before an application for substituted service will be allowed by the court - as per practice direction issued.

(3) usually is done another way round, defendant engage lawyer, defendant lawyer tell plaintiff lawyer that the firm is acting for the defendant. Once the plaintiff is notified that the defendant has appointed a lawyer, they will serve all cause paper to the defendant lawyer directly, wont send to defendant anymore.

(4) generally speaking, it is not necessary for the plaintiff lawyer to send to the defendant which is residing in Singapore. They only need to serve on last known address or the address as per any contract signed between them. In the event they really have to serve it in singapore, they will need to make separate application to serve it to singapore. In that case, plaintiff lawyer will send a "Notice of Writ". It will be sent according to the rules of Singapore. Not too sure what is the rule for service of document in Singapore... hmm.gif

(5) Yes they can appoint one lawyer. Yes, sign the document called "retainer letter/agreement" then done. Yes, all correspondence go through lawyer.


biggrin.gif biggrin.gif biggrin.gif


coolstore
post Mar 31 2017, 03:21 PM

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QUOTE(Abam_Beruang @ Mar 31 2017, 02:45 PM)
(1) to be issued (sealed) by the court, 2-3 days will do, now court very canggih, got e-filling system.

(2) 2 attempts for personal service must be made before an application for substituted service will be allowed by the court - as per practice direction issued.

(3) usually is done another way round, defendant engage lawyer, defendant lawyer tell plaintiff lawyer that the firm is acting for the defendant. Once the plaintiff is notified that the defendant has appointed a lawyer, they will serve all cause paper to the defendant lawyer directly, wont send to defendant anymore.

(4) generally speaking, it is not necessary for the plaintiff lawyer to send to the defendant which is residing in Singapore. They only need to serve on last known address or the address as per any contract signed between them. In the event they really have to serve it in singapore, they will need to make separate application to serve it to singapore. In that case, plaintiff lawyer will send a "Notice of Writ". It will be sent according to the rules of Singapore. Not too sure what is the rule for service of document in Singapore...  hmm.gif

(5) Yes they can appoint one lawyer. Yes, sign the document called "retainer letter/agreement" then done. Yes, all correspondence go through lawyer.
biggrin.gif  biggrin.gif  biggrin.gif
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regarding:

(1)
i mean if one appoint a lawyer go file for a civil case, the court now would 'approve' it within 2-3 days so fast? e.g 10/1/2017 lawyer go file case, by 13 or 14/1/2017 the court already can issue such summon?

(3):
but if no receive LOD/ no summon yet, how to engage lawyer? engage for what? only got receiving such doc then only need to reply within 14 days, right?


SUSlowya
post Mar 31 2017, 03:24 PM

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Hi Abam_Beruang,

how can giving donation tax deductible?

is receiving donation tax free?

is it possible A donate to B, and then B donate back to A, such that both parties enjoy tax benefit?
calvintiffy
post Apr 1 2017, 09:14 PM

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Question: How come the payment machine in court can't disburse small change while the automated machine for parking can?
TSAbam_Beruang
post Apr 2 2017, 12:06 AM

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QUOTE(lowya @ Mar 31 2017, 03:24 PM)
Hi Abam_Beruang,

how can giving donation tax deductible?

is receiving donation tax free?

is it possible A donate to B, and then B donate back to A, such that both parties enjoy tax benefit?
*
As far as i could remember, you could put it as your tax relief. But only certain donations to certain parties are recognized.

So it is highly unlikely if not impossible for it to happen. lol

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