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This Malaysian Court Practice, Appellate Courts showcases updates to the Courts of Judicature Act 1964 (Act 91), Commissioners for Oaths Rules 2018 and the Rules of the Federal Court 1995, with latest updates to the current practice by the courts. Dato’ Seri Hishamudin has reviewed this book in its entirety and provided valuable updates such as further discussion on the exercise of the Prime Minister’s power under Article 122B of the Constitution against the Judicial Appointments Commission Act 2009 (Act 695) on appointments of judges to the superior courts (including the appointment of the Chief Justice of the Federal Court, the President of the Court of Appeal and the Chief Judges of the High Courts); limitation of Syariah courts; whether it is constitutional and legally competent to appoint a High Court judge to form a valid panel of the Federal Court.
Table of contents
Division I - Courts of Judicature Act 1964 (Act 91) Division II - Rules of the Federal Court 1995 Division III - Rules of the Court of Appeal 1994 Division IV - Rules of the Special Court Division V - Commissioners for Oaths Rules 1993 Division VI - Practice Directions
KEY TOPICS:
This book seeks to examine the main principles of professional liability in Malaysia with emphasis on the liabilities in tort and equity, in addition to the obligations under contract and written law. While specific chapters are devoted to the law as is applicable to surveyors, construction professionals (exemplified by engineers, architects and quantity surveyors), accounting professionals, doctors and lawyers, the law is examined against the backdrop of the general law applicable to professionals generally.
The book provides the answers to some key questions – in what circumstances would a professional owe a duty to a client or to a third party, what is the standard of care the law demands that a professional should adhere to, and what would be the extent of the liability of a professional where a breach of duty is proved. In addition to the principles of assessment of damages in tort, emphasis is also given to the rules governing equitable compensation.
The authors have helpfully provided a wide range of pointers to relevant developments of the law in Commonwealth jurisdictions for better analysis and to show the way forward for Malaysian law where issues have yet to be decided in Malaysia.
CONTENTS
Introduction
Part I: General Principles
1. Duties in Contract and Tort
2. Fiduciary Obligations
3. Duties under Written Law
Part II: Duty and Breach
4. Surveyors
5. Construction Professionals
6. Accountants and Auditors
7. Doctors
8. Lawyers
Part III: Remedies and Damages
9. Remedies
10. Damages for Breach of Duty
General Principles of the Malaysian Legal System basically traces the history of the ancient laws of this country, way back to the year 1500, very much earlier than the first foreign administration in Malacca by the Portuguese. It elaborates how the customs and traditions practised by the locals those days, were eventually converted to customary laws. The customary laws influenced by the common laws of England and Equity, introduced by the English, led to the formation of the Laws of Malaysia and Islamic Law in Malaysia. An indepth analysis of this development of laws runs to more than three Chapters in this book.
This book, in adition, describes the Parliamentary process of law making, the functions of the Executive, Judiciary and the Legal Profession, as provided for by the Federal Constitution. This historical development of the legal system in Malaysia was gathered from numerous reliable sources by the combined efforts of Mr. Padmanabha Rau (Rau),a Senior Advocate, and Dr.T. Johnson Sampathkumar (Kumar), who holds a Ph.D. in Public Administration.
By Justice M R Mallick
Publication Date: 2011
ISBN: 9788180386442
Format: Hardcover
Summary Judgements and Proceedings explains in detail and with notes on cases, on selected topics from the Rules of the High Court 1980 ( RHC ) and also on O.26A of the Subordinate Courts Rules 1980 ( SCR ). The topics are wide in scope and flexible, in terms of their applicability in courts. They are Summary Judgements, Summary Proceedings and Specific Performance, under RHC and the Summary Judgements under SCR. The detailed explanation and clear guidance provided in this publication are solely based on numerous appellate court decisions.
Formerly known as Kelly’s Draftsman, this unrivaled practical research and drafting tool provides a unique collection of the main forms and precedents practitioners are likely to need in their day-to-day practice. Kelly covers a broad range of subjects in depth.
Now available with the cumulative supplement which contains all updates to the main work since the publication of the 21st edition in 2014.
This supplement will expand the commercial precedents section with the aim of helping smaller firms win more lucrative and complex work.
Contents:
Authors: Aznul Affendi bin Hasan Basri, Abu Bakar Jais, Nik Ahmad Kamal bin Nik Mahmod
Date: February 2023
Format: DUO (Print & Proview eBook)
ISBN: 9789672723981
Country: Malaysia
