(2024) All Malaysia Reports (AMR) - Week 8
Menteri Dalam Negeri & Anor v Chong Ton Sin (Trading as Gerakbudaya Enterprise, Business Registration No. 199103030375 (000870410-D)) & Anor [2024] 2 AMR 1, CA
Administrative law – Remedies – Judicial review – Appeal against – High Court quashed minister's imposition of ban on publication of book under s 7(1) of the Printing Presses and Publications Act 1984 ("the PPPA") – Book on homosexuality in Christianity – Whether minister's decision under s 7(1) of the PPPA amenable to judicial review – Whether minister's decision valid and justified – Whether right of hearing ought to be given before issuance of order under s 7(1) of the PPPA – Whether appellate intervention warranted – Constitution of India, Article 19(2) – Federal Constitution, Articles 4(2)(b), 5(1), 8(1), 10(2)(a), 19(1)(a) – Human Rights Commission of Malaysia Act 1999, s 4(4) – Printing Presses and Publications Act 1984, ss 7(1), (3), 13B – Universal Declaration of Human Rights
Wan Muhammad Azrami bin Wan Zullkifli v Public Prosecutor (and 2 Other Appeals) [2024] 2 AMR 42, CA
Criminal law – Firearms offence – Appeal against conviction and sentence – High Court convicted appellants under ss 3 and 3A of the Firearms (Increased Penalties) Act 1971 respectively – Appellants sentenced to death by hanging – Whether reasonable doubts raised on prosecution case – Whether sentence ought to be reduced – Whether appellate intervention warranted – Evidence Act 1950, s 134 – Firearms (Increased Penalties) Act 1971, ss 3, 3A
Chew Vee Lyn v David Mauricio Velez Hernandez [2024] 2 AMR 60, HC
Civil procedure – Judgments and orders – Variation of court order – Husband seeking reduction in maintenance and cost with enhanced access to child – Allegations of misrepresentation/mistake of fact and material change of circumstances – Whether court had jurisdiction to hear application since husband not domiciled in Malaysia – Whether application abuse of process – Whether court order vitiated by misrepresentation/mistake of fact – Whether reduction in income constituted material change of circumstances – Whether access to child ought to be increased – Whether court order ought to be varied – Law Reform (Marriage & Divorce) Act 1976, ss 48, 48(1)(c), 96 – Rules of Court 2012, Order 35 rr 1(2), 2
Family law – Divorce – Petition – Application to vary terms of court order – Husband seeking reduction in maintenance and cost with enhanced access to child – Allegations of misrepresentation/mistake of fact and material change of circumstances – Whether court had jurisdiction to hear application since husband not domiciled in Malaysia – Whether application abuse of process – Whether court order vitiated by misrepresentation/mistake of fact – Whether reduction in income constituted material change of circumstances – Whether access to child ought to be increased – Whether court order ought to be varied – Law Reform (Marriage & Divorce) Act 1976, ss 48, 48(1)(c), 96 – Rules of Court 2012, Order 35 rr 1(2), 2
Tan Wei Mia & 2 Ors (As executors and trustees of Tan Bok Yin @ Chin Hon Ying @ Tan Hon Ying) v Pentadbir Tanah Daerah Gombak [2024] 2 AMR 80, HC
Land law – Acquisition of land – Compensation – Application for determination of questions of law in land reference – Appeal against quantum of compensation by Land Administrator in 1994 – Dispute in category of land use during valuation – Whether issue of category of land use hit by doctrine of res judicata – Whether parties estopped from relitigating the category of land use – Whether lands ought to be valued on basis that they were zoned as "commercial" based on actual and existing land use in 1994 – Whether issue of zoning wholly irrelevant to valuation of market value of lands in 1994 – Whether court assessors in assessing compensation allowed to consider documentary evidence from previous litigation or other sources – National Land Code 1965, s 124 – Land Acquisition Act 1960