Hello! You guys can ask me anything about law related issues. I'll try my best to answer your questions.

Question in Bahasa Malaysia or English also no problemo!

Dont forget to bookmark this page


Any discussions available here on this thread are for informational purposes only and not for the purpose of providing legal advice. You should engage a lawyer to obtain advice with respect to any particular issue or problem.



This post has been edited by Abam_Beruang: Apr 2 2017, 12:16 AM

Why is Rukun Negara not part of Constitution?

if i have 200k loan with a company A then my company declared bankrap. Then it is rebranded to company B..

Company A already issue vss and everything. And new offer letter is signed to company B for new hire..

Is my loan of 200k transfered to company B or i am free from the 200k debt.

Thank you..

About that guy that just returned from canada after spending his time in jail for raping..

If he rape again in Malaysia..can he be charge again?

Assuming he rapes again in Malaysia, YES, of course.

so double jeopardy doesnt apply to him?

Dont quite get your question.

Did you borrow money from Company A and this company subsequently went bankrupt (in liquidation) and a new company is formed with the new name as company B?

If this is the case,
(i) your debt cannot be transferred from company A to company B without proper documentation such as an assignment, you are advised to check.
(ii) assuming no assignment or "transfer" of your debt to company B, technically u still owe company A money, company A's liquidator can always demand the money from you.

Hope it helps.

cheers.

There is no issue of double jeorpady, if he commits another rape offence in Malaysia, that is a NEW offence.

So only in Msia if you commit the same offence twice... only thn the double jeopardy is applicable?

Care to elaboratw more on assignment? Thankssssss

Ps. I dont know wether my company is bankrup or liquidate.. how can i check..

This post has been edited by Supergoola: Mar 22 2017, 04:24 PM

for the sake of clarification, double jeopardy is a defence that prevents an accused person from being tried again on the SAME CHARGES and on the SAME FACTS after being tried and adjudged. Example, he committed rape of A on 1.1.2017 and found guilty by court. You cannot charge him again for rape of A on 1.1.2017.

Your earlier question was "If he rape again in Malaysia..can he be charge again?", this means he is committing another fresh offence in Malaysia. In this case, he will be charged for this NEW offence. There is no issue of double jeopardy.

In your question, "in Msia if you commit the same offence twice...", you will be charged with TWO offences. No issue of double jeopardy as well.

This post has been edited by Abam_Beruang: Mar 22 2017, 04:21 PM

i see..thanks for the clarification..

Saje je hang nak tanya soalan2 mcm tu. Lek looo. Nak jawab soalan2 serius lain ni kat depa. Since hang dah tanya, jawapannya x leh sue kalo masalah faceprob.

This post has been edited by Abam_Beruang: Mar 22 2017, 04:28 PM

ringkasan cara cara nak saman sebab kena langgar?

Buat masa sekarang, apa yang harus di buat:
1. Buat laporan polis (sekira belum buat)
2. Kumpulkan bukti (seperti: gambar tempat kejadian, gambar kereta, butir-butir orang yang melanggar Kamu, kos membaiki kereta seperti resit, sekiranya tercedera kena ambil laporan hospital, resit hospital dan MC dan dokumen-dokumen lain yang boleh menyokong tuntutan kamu)

Cara nak saman:
1. Cari loyar, bagi dokumen semua kepada loyar
2. Kebiasaan loyar akan keluar LOD surat tuntutan sebelum saman orang di mahkamah
3. Kalau orang tu x nak bayar amaun yang dituntut dalam LOD, boleh saman di mahkamah
4. Loyar akan menyediakan writ dan pernyataan tuntutan yang akan menyatakan fakta kes dan tuntutan kamu
5. Writ dan pernyataan tuntutan akan diserah kepada orang tersebut (defendan)
6. Proses yang seterusnya sangat panjang, semua akan diuruskan loyar. Oleh itu, x nak elaborate panjang panjang kat sini.

Secara alternatif, sekiranya kamu ada beli insurance, pihak insurance ada panel loyar yang akan samankan orang yang melanggar kamu. Insurance akan bayar ganti rugi kepada kamu dulu, dan seterusnya menyaman orang tersebut.

1. can a boy who is age 13 years old be charged for rape under section 376 of the Penal Code for raping a girl of the same age in Malaysia?

2. Assuming the boy able to erect and tried to penetrate but unable to penetrate into the vagina of the girl, can he still be charged for rape?

3. Besides conducting physical examination against the victim, is there a law requirement for the medical officer to examine or conduct a physical / mental examination against the boy to ascertain whether he is capable of having sexual intercourse with the girl given his age condition? Is it fatal if the medical officer did not conduct a body/physical check for the boy?

Is it always necessary to make a police report if you intend to file a civil lawsuit for defamation?

How do you draw a line between an opinion and something that is defamatory?

1. Yes. the 13 yrs old boy can be charged for rape. But if the boy is below 10 yrs old, then the boy cannot be charged for any offences. Since you brought up the girl's age in your question, as long as the girl is below 16, consent or not, still considered rape.

2. As long as no penetration, no rape. Can be charged under other offences though.

3. There is no law requirement for medical officer to examine on the boy to ascertain whether he is capable of having sexual intercourse. However. assuming the boy is using that as a defence (that he is not capable of doing so), then he must prove it.

This post has been edited by Abam_Beruang: Mar 23 2017, 09:48 AM

Hi, thank you for doing this. My father is trying to help his sister (my aunt) to make a will for her 3 children (1 son and 2 daughters). She and her husband share a house equally and also another shop-lot property in equal proportions. They want to bequeath the house entirely to the son and the other property split equally between the three.

I'm trying to help my dad to write 2 separate wills, one for my aunt and her husband. Since they only own 50% share of each property, must I state in their individual wills that they only have 50% of each property, and want to bequeath that 50% to their 3 children to the proportions I have stated above?

Also, if I add a Residuary clause in their will, can I put their 3 children as beneficiaries in equal proportions under this clause?

What action should i take if an official letter that is addressed to me but halfway in the document it states another person's name in place of mine? Can I sue or lodge a report against the person who signed the letter?

In my opinion, since both of your aunt and uncle intended to bequeath the house entirely to the son, you don’t need to state in their individual wills that each of them only have 50%. You just need to state “All of my shares in the <house> “ in each of the individual will to the son.

As for the residuary clause , you could put the 3 children names and their intended portions.

Q1> Is it always necessary to make a police report if you intend to file a civil lawsuit for defamation?

NOPE. Not necessary for a CIVIL lawsuit.


Q2> How do you draw a line between an opinion and something that is defamatory?

Long story short:

An opinion is general statement expressing one's view.

Nevertheless, an opinion can be a defamatory statement, if the statement portray a bad impression of a person referred to in the public.
Example: statement made, "i think superman is dishonest", and this statement is published or circulated in the public. This tends to portray a bad image of superman, so it may be a defamatory statement.

There are always defences available such as justification and fair comment but it will all depends on the situation.

Cheers

Is it legal for lawyers in msia to act on contingency basis, ie "pay nothing if lost, but pay me half of award if win"?

i think admin should open new forum for this, then 1 question 1 thread. easier for all.

The question is too vague.

However, without reviewing the entire case, the short answer to your question is

1. it seems too remote to sue the author of the letter

2. lodging a police report is futile unless there exist some criminal element in your allegation with adequate evidence.

This post has been edited by Abam_Beruang: Mar 27 2017, 11:41 AM

boss ada satu pertanyaan. apa tindakan yang boleh diambil jika seseorang meminjam wang dan tidak mahu memulangkan semula keseluruhan jumlah.

contoh, pinjam rm50k tetapi bayar hanya rm10k dalam jumlah yg kecil dan selepas beberapa tahun terus diam dan tidak bayar langsung.

rekod pinjaman hanyalah cek yang dibuka dan tiada sebarang perjanjian tandatangani.

terima kasih.

here's the situation. i hold (relatively) purely no interest of whether these cases may realize or not.

my mom got a 9 acres of land, i family consists of 1 oldest brother, 4 sister below him, and me, the youngest son ( 6 siblings altogether ).

in the event that both our parents are no more, how would the inheritance be handled, assuming no will is made beforehand? which rulings and laws do we follow? who will get how much?

again, its just empty plot of forest lands. i hold no interest over it aside curiosity.

Tindakan yang boleh diambil:

1. Buat laporan polis
- terpulang kepada keadaan kes, sekiranya mempunyai apa-apa elemen penipuan ataupun pecah amanah, polis boleh buka fail dan menyiasat kes.
- kemungkinan besar juga polis tidak akan ambil apa-apa tindakan kerana mereka berpendapat kes ini adalah kes sivil biasa dimana tuntutan boleh dibuat di mahkamah sivil.
- Namun demikian laporan polis boleh dibuat untuk simpanan rekod sendiri dan sebagai bukti apabila kamu buat tuntutan sivil seterusnya.

2. Buat tuntutan sivil
- langkah pertama, dapatkan peguam
- secara umumnya, peguam akan isu surat tuntutan aka LOD
- sekiranya tiada apa-apa jawapan/bayaran, peguam boleh failkan tuntutan di mahkamah
- Prosedurnya di mahkamah seterusnya adalah sangat panjang tetapi peguam akan failkan saman dan sebagainya.

Buat masa sekarang, saya akan cadangkan:
1. dapatkan apa-apa bukti sama ada melalui mesej ke rekod percakapan atau apa-apa yang boleh membuktikan bahawa peminjam hutang duit ataupun dia mengaku hutang sebanyak RM___ tertunggak
2. bincang dengan peminjam untuk tandatangan suatu surat pengakuan (sekiranya boleh )
3. simpan "cheque-bud" yang telah ditunaikan oleh peminjam, penting untuk tuntutan sivil

terima kasih tuan atas nasihat diatas.

Hahaha perhaps he means rape the same person 2 times on 1.1.2017. Perhaps he plans to rape somebody twice on 1.1.2018

speaking of double jeopardy...

Question: how legally Anwar get charged twice after acquitted from the first one, for the SAME case, after the first court session found him not guilty but guilty the second charge?



how did they prove the sodomy (penetration) took place in Anwar case?

This post has been edited by lowya: 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.

macamana laporan polis boleh dianggap sebagai bukti?

I have a legal question. Is it possible to reply to a court notice on your own,without engaging a lawyer? TQ

If u are a non-muslim, assuming the grandparents no longer around, i believe that the land will be equally distributed among the 6 children, under Distribution Act. It means each of the children will get 1/6 of the shares.

However if you are a muslim, Distribution act does not apply, but Hukum Faraid will, which falls under Syariah law.

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.

In Malaysia, we have provision and cases stated that contingency fee agreement/arrangement is illegal . But in practice...

Hmm... DSAI was charged twice for sodomy. If my old memory serves me right *cough*, both charges were under the same section. But it was two separate incidents. Hence there is no double jeopardy issue here. For your information, DSAI was acquitted for the first sodomy case in the Federal Court though. But in the second sodomy case, DSAI was convicted in Federal Court and sentenced to 5 years imprisonment.

For the second sodomy case where DSAI was convicted, the court considered a few issues. Despite the fact that the prosecution witnesses gave evidence that there were no conclusive clinical findings suggestive of penetration to the rectum and no significant defensive wound on the body of the victim, but traces of DNA found (sperm head) inside the victim's anus which matches with the DNA of DSAI.

The prosecution witness further explained that penetration could take place without any injury to the rectum. It could be due to lapse of time prior seeing the docs, or no undue force having been used, or KY Jelly yo.

Macam itu lor

This post has been edited by Abam_Beruang: Mar 30 2017, 12:02 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?

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)

In September 2004, the Federal Court overturned his sodomy conviction.

4 year later, in June 2008, DSAI's aide, Mohammad Saiful, lodged a police report claiming that he had been "forcibly sodomised" by DSAI. (Later change into "homosexual conduct by persuasion"). The first arrest occurs roughly in mid July 2008, where PDRM employ 10 vehicle and two dozen of personnel. DSAI is released later, with bail.

Saiful then swore on the Quran (that he had been fucked by DSAI) in some mosque with the presence of four imams.

Trial began in August 20010, and High court found DSAI not guilty. The prosecution then filed an appeal against DSAI's acquittal. On 7 March 2014, just before Kajang by election, the Court of Appeal overturned the acquittal of DSAI, upholding a government appeal. Later, the court convicted and sentenced DSAI to five years' imprisonment.

On 10 February 2015, the Federal Court re-affirmed the conviction and five-year sentence of DSAI.

DSAI currently incarcerated at Sungai Buloh Prison.

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

Oh really? I missed out the joke of the century.


precision timing.

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

You really like this phrase huh

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.

double post

This post has been edited by lowya: Mar 30 2017, 10:27 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?

This post has been edited by coolstore: Mar 30 2017, 10:50 AM

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!

Not asking if real estate agent will or will not charge.

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

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.

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

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

@Abam_Beruang, we need more lawyers on our online legal platform.

[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

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

A nice kopi-O with roti bakar good enough ad.

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.

General answer is no, husband bankrupt nothing to do with the wife.

BUT

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.

(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...

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

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?

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?

Question: How come the payment machine in court can't disburse small change while the automated machine for parking can?

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

Mindblown

but Abam Beruang got plenty of other issues to reply.

This post has been edited by Abam_Beruang: Apr 2 2017, 09:40 AM

Hi abam beruang.

A fren of mine divorced her husband who is still in jail, n currently having the custody of her young child.

She is worried about her husband trying to get the child's custody after he's released.

Any advise u can giv on how she can increase her chance of winning in case her ex husband decide to take this issue to court in the future?

Do you know anything on aussie labor law?

Since the court given your friend the custody of her child, she should not worry about her ex husband so much. Not unless her ex husband come forward ask the court for custody of their children.

The law also presumes that their children under the age of 7 to be with his/her mother.

The law also states that the court's paramount consideration should be the wishes of the parents and wishes of the children (Above age of 7). So if the parents are contesting the custodial of the child, the court will consider the children's wishes as well.

The Court will also consider other factors such as earnings of the parents, living environment and other factors that affect the child well being. Given that your friend's ex husband is in jail, that will be factor which the court will consider and tilt towards your friend's side.

In short the court will consider the wishes of parents, children and other factors (If not so straightforward case).

Aussie law? that would be beyond my knowledge.

i want to know why criminals jail time are to run concurrently?

each of his crime adds a scar to their victims, and yet he get all punishment run in 1 go.

for example, he get 5 years for this, and another 5 years for that. total 10, but he just need to be jailed for 5 years in reality.

apa logic

1) How do I file for restraining order in Malaysia.
Usually what kind of 'restrain' is applicable?

2) How much does it generally cost to engage lawyer to pursue defamation case? Lets say my business defamed by particular individual in social media

Abam_Beruang firstly how and why a court's decision could overturn another court's decision in the same country? secondly, what about international court decision over our own one?

This post has been edited by lowya: Apr 5 2017, 12:50 PM

Company haven't pay salary for 3 months. Reported to labour department also no action from them. . Company only pay 1 or 2 month but then repeat not to pay again up to 3 months. EPF also pending more than 3 months. Report to EPF also no concrete punishment to the company. What else can be done?

of kos u can sue him/her. But the court will strike out ur case and throw the file onto ur not so beutiful face for wasting court time. at the same time court will slap u with cost to be paid to defendant, B.

Court has the discretion in deciding whether the jail terms to run concurrently or consecutively.

Normally they will consider a few factors to guide them, whether it is a one transaction, whether such offences are distinct offences, and to look at the sentencing in totality (whether it is excessive).

If John was convicted for 2 drug offences, one packet of drugs found inside his pocket, and another one inside his car on the same day. Normally in such circumstances, it will run concurrently.

If John robbed a lady and subsequently raped her, it is a two separate offence though it was committed in a single transaction, then it is likely that it will run consecutively.

Anyway those are guiding factors only.

but i see many cases of rape, dif date dif place dif time, all add up would exceed 100 years, but was given to run concurrently. damage done to victim adds up one by one, while rapist gets to go through it all one time only

like i said earlier, guiding factors only.

In the end, the court has the discretion in deciding whether to run concurrently or consecutively. Besides, not all cases have the same set of facts.

Example - concurrently

Example - consecutively

How and why a court's decision can be overturned by another court's decision in the same country?

This is a huge topic in law, which we call the principle of "judicial precedent". In short, judicial precedent means that a previous decision by the court on the same issue should be followed by a subsequent court. To be more specific, it is the principle or reasoning in the case should be followed by the subsequent court, not the decision itself.

You would also need to understand the court structure in Malaysia. Basically the court structure is as follows:

FEDERAL COURT (Highest authority)
COURT OF APPEAL
HIGH COURT
SESSIONS COURT
MAGISTRATES COURT

Cases will start either at Magistrate Court, Sessions Court, OR High Court depending on the nature of the case and the quantum involved. Each case can appeal 2 times. For example, if case start at sessions court, can appeal one time to High Court and last appeal from High Court to Court of Appeal, that's the end of the matter.

So how can a decision be overturned? Higher court can always reverse the lower court's decision on grounds that there is error in the decision/reasoning. Take an example, if in Sessions Court A win the case against B, when B appeal to High Court, High Court can reverse or the Sessions Court decision if the High Court find that the decision of the Sessions Court was erroneous. This is what we call "reverse" of decision.

A decision can also be "overruled". For example in the ABC case, the High Court held that A should win because of XXX principle. If a later case (different case) goes up to Federal Court, Federal Court feel that the XXX principle is wrong, they can overrule the case to held that the XXX principle was wrong.

The subsequent court can also "distinguish" a case and not following the principle of a previous case. Example, in ABC case the High Court used the XXX principle. Subsequently, in DEF case (a different case), the High Court can distinguish and not apply XXX principle because the facts of ABC case is different from DEF case and the XXX principle is not applicable. That is "distinguishing" the case.


What about international court decision over our own one?

In this context, overseas court decision, especially from UK and other commonwealth countries, there are not binding on Malaysia court. They are merely "persuasive".

If you are referring to conflict of law, that's another whole different topic.


*Note: This does not apply to international dispute such as territorial disputes between countries, in those cases, international court of justice will determine based on international law.

thank you Abam_Beruang, this is one of the most constructive and helpful thread here in forum, wish other professionals would follow Abam_Beruang for other topic of interest too.

My friend just finished her chambering and was offered a job at RM3.5k a month.

Is that being underpaid?

not bad i guess. enough to belanja Abam Beruang minum kopi in kopitiam

Hi abam beruang

I wanna ask about company p&c n whistleblowing

I came across some unethical biz method of my company
My contract mentioned I can't reveal the company info
Can I viral what I know to social media?

Beruang,

Is RM50,000.00 reasonable as fees just to do an appeal at the after a full trial at the high court? The matter involves goods sold and delivered and I am thinking that the high court judge screwed up when he decided that my delivery orders although had signatures accepting delivery but because there was no company chop, the defendant was not liable.

Thanks in advance.

tagged

What else can be done? Bring an action against your employer via labour court. Bear in mind that unless your employer dismiss you (unfair dismissal or constructive dismissal) your action should lies in labour court and not Industrial Relation court. Labour court is very informal, you are entitled to bring an action without the involvement of counsel.

In my very own opinion, if your colleagues are receiving the same treatment as you, you can bring a class action on behalf of the employee against the company through a civil action (not so sure about this, ask a lawyer who specialise in labour law), if you are treated differently from the rest, you can complain that you are discriminated in anyway in the labour court. Still you must think about your employer perspective, as they might be facing financial difficulties during such financial turmoil, the court will take that into consideration and the fact that your employer did pay your wages or salary and they did not purposely withhold your salary or wages in bad faith.

Thanks for the reply. Actually it happen to all the staff. Yes, it seem the company facing financial diffulties but who know what he do with the money right? He can kaw team with the accountant to make the company having financial problems. Problem is how come the chairman can affort to send his children to study oversea? How come they managed to have vacation at Europe while not paying our salaries?

Hi, I supposed you mean an appeal at the court of appeal AFTER a full trial in High Court? If it is an appeal against the High Court decision, it will be regarded as a Court of Appeal matter.

The fees for appeal in Court of Appeal will always be higher than an appeal in High Court.

Regardless, there is no "fixed" legal fees for an appeal. Usually the legal fees would depend on several factors:
1. complexity of the case (the more complex, the higher the fees as more work is required)
2. subject matter/value of the case
3. counsel you engaged (depends on the experience of the counsel, the more senior, the higher the fees, the more femes lawyer will obviously charge higher fees)

So in your case, it will be hard for Abam Beruang to comment whether is reasonable or not.

Usually a decent contract of employment would have confidentiality clause which prohibits the disclosure of the company's specific information such as trade secret without proper authorization. So in that case, the answer is NO, you should not disclose.

HOWEVER

If you disclose it and make it viral AND nobody can catch u and prove that it is coming from u, then....

This is similar to the situation of beating red lights without getting caught by traffic police, not getting caught doesnt mean it is right to do it.

Disclaimer: Abam Beruang is not inciting you to commit any offence

HAHAHAHA

This post has been edited by Abam_Beruang: Apr 18 2017, 05:29 PM

I suspect my neighbor is hacking a load bearing concrete wall in our condo. Not just hacking surface but all the way through exposing the steel reinforcement inside. I need to know what laws he has broken and the punishment before I report to the authorities. Thanks

Hi Lawyer,

WTA.
i see some company appointment letter write that if you resign from this company, you cannot be practising the same work at the competitor company. (Lets say you are a specialist engineer, like fire engineering consultant.)

I am wondering is this kind of appointment letter reasonable? and if you didnt comply, what can they do? Sue u / fine u, etc.?

2nd question.
if the appointment letter also mentioned that you shall not lobby job / work with the company's client / customer.. and if u didnt comply, what can happen?

Thanks.

when telco advertised unlimited and mislead public into thinking unlimited quota, whereas only giving unlimited speed but limited quota, what law have they broken?

Hi Abam_Beruang, wanted to ask you if my dad has a massive amount of credit card debt which is unpaid. Would the debts be eventually transferred to me in the future? If he is no longer in this world.

Hi, if we pay for the parking and something happened to our car, like damaged or item got stolen, but the Parking Stated they wont responsible for any damage or losses, can we still sue the parking operator under consumer protection act ?

Hmm...Credit card bills are unsecured loan. When your father passed away, the creditor (here, bank who provides the credit card facility) can choose to:

1. Sue your dad's estate for the outstanding sum - this happens when the estate still has left over to distribute to the beneficiaries after paying funeral fees, govt tax...etc

2. Write off the bill - this happens when there is nothing left to be claimed from your father's estate

Short answer, no, the bank won't sue u for your father's credit card debt if he passed away.

The standard "park at your own risk" disclaimer generally doesnt absolve the management/operator from any liability/responsibility due to the amendment to the consumer protection act which now recognizes unfair terms.

When such matters are brought to court or tribunal, they will consider all the relevant circumstances to decide whether such disclaimer is fair. It is important to note that, the burden is on the management/operator to prove that such term of a contract that excludes or restricts liability, or excludes rights, duties and liabilities, it is not without adequate justification.

In the event the court or tribunal come the conclusion that a contract or a term of a contract is either procedurally or substantively unfair or both, the court or the tribunal may declare the contract or the term of the contract as unenforceable or void.

Having said that, in reality, more often than not, these parking managements/operators generally have insured themselves. So in any unfortunate events, management/operators will normally just refer the matter to their respective insurance companies.

Hi, thanks for creating this thread,

I have chargeback dispute whereby I'm the Marchant. We encountered a scammer who made a false dispute to his credit card bank (issuer bank) that he never received items from us. The marketplace (acquiring bank) and issuer bank refused to corporate because as a merchant, we don't have the full details of the scammer. The marketplace (where merchant sells good) refused to give details to us. In the contract between us and the marketplace, the marketplace has the rights to hold the disputed amount. Meaning before the credit card bank charged the markeplace, the marketplace has already taken the fund from us. There is no proper black and white even email. Is this even right ?

for small matter, is it worth hiring a lawyer? who bears the cost if go to court or out of court settlement that favors u?

FYI, whistle-blowing act only cover those that report to the authority


I would say that you misread the small lettered Terms and Conditions