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The word “charge” is wider in purport and includes, beside the element of offence, the reference to the person who is alleged to have committed it. Thus, the expression ‘a misjoinder of charges’ in Section 537(b) means the misjoinder either of the offences or of the persons alleged to have committed the offences. To hold that it refers only to the misjoinder of the first, would be to unnecessarily narrow the purport and effect of that section.
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.
This is a novel and amusing collection of the well-known stories of ancient mythology brought into Court and dressed in the garb of a modern trial.
It forms a happy blend of the real and the imaginary, in which ancient and modem conditions are brought together with the most diverting results. The drawings catch the spirit of the Author’s humour with telling effect.
Here are a few of the points arising in these actions:-
The book should prove an acceptable gift for the discriminating reader. Informative, accurate in point of law, the cases are not too technical to be appreciated by the general reader.
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.
Author: Nahendran Navaratnam
Publication Date: Nov 2017
ISBN: 9789672049722
Format: Hardcover + Ebook
Country: Malaysia
“[This book] comprehensively covers in detail and authoritatively deals, in a thoughtfully arranged way, with everything a trial lawyer and judge needs to know and be reminded or watchful of, to successfully conduct and shepherd a trial to its proper conclusion without pitfalls.”
From the Foreword by Lambert Rasa-Ratnam
Head, Dispute Resolution
Lee Hishammuddin Allen & Gledhill
Mastery of civil procedure is the cornerstone to a good litigation practice. Malaysian Court Practice, Rules of Court 2012, Desk Edition 2022 is a solid, comprehensive & up-to-date starting point for any practitioner who wishes to maneuver the labyrinth of Malaysian civil procedure law. This book embodies a detailed provision-by-provision annotation on the latest development of the law – both legislative and judicial pronouncements up to a cut-off date of March 2022. The updates include annotated analysis on the large number of cases that have dealt with the various provisions under the Rules of Court over the preceding 4 years.
Table of contents
Volume 1 Table of Cases Table of Legislation Table of Subsidiary Legislation Table of Foreign Legislation Table of treaties, Conventions, etc Annotations of Orders 1-49 Volume 2 Annotations of Orders 50-94 Index
This publication, Striking Out Pleadings under the Rules of the High Court 1980 explains in clear terms how and why a pleading may be struck out by the Court under O 18 r 19. Numerous cases, both local and foreign, on the subject of ‘Striking Out Pleadings’ are discussed in details, with cross references, for the benefit and interest of practising lawyers and law students. Even the Honourable Bench may find this publication with case laws very useful, in making their decisions.
