(2025) All Malaysia Reports (AMR) - Week 8
Jasmira bin Othman v Tan Sri Hj Abdul Hadi bin Awang [2025] 2 AMR 1, FC
Elections – Election petition – Avoidance of election – Allegation of bribery by election candidate for Marang Parliamentary Constituency – Dismissal of petition by election judge – Whether justified – Whether allegations proved beyond reasonable doubt – Non-calling of recipients of alleged bribes pleaded in petition – Whether prejudicial to respondent – Whether giving of aids could be subject of bribery – Whether it could influence voters – Whether appellate intervention warranted – Election Offence Act 1954 – Election Petition Rules 1954, rule 4(1)(b) – Evidence Act 1950, ss 73A, 73A(2), 134
M Shahool Hameed b Mohamed Meerah v Pengarah Tanah dan Galian Negeri Selangor & 2 Ors [2025] 2 AMR 20, CA
Land law – Transfers – Fraudulent transfer – Claim to recover losses – Sale and purchase agreement for non-existent land entered into – Allegation of negligence in maintaining true and accurate record of disputed land in register – Whether amounted to breach of duty of care by respondents – Whether caused losses to appellant – Whether particulars of negligence established – Whether appellant's narration of events incredulous – National Land Code – Public Authorities Protection Act 1948
Tort – Negligence – Damages – Claim to recover losses – Sale and purchase agreement for non-existent land entered into – Allegation of negligence in maintaining true and accurate record of disputed land in register – Whether amounted to breach of duty of care by respondents – Whether caused losses to appellant – Whether particulars of negligence established – Whether appellant's narration of events incredulous – National Land Code – Public Authorities Protection Act 1948
Badan Peguam Malaysia v Lembaga Pengampunan Wilayah-Wilayah Persekutuan Kuala Lumpur, Labuan and Putrajaya & Anor [2025] 2 AMR 39, HC
Administrative law – Remedies – Judicial review – Leave application – Order of certiorari sought to quash Pardons Board's ("Board") decisions – Former Prime Minister of Malaysia's imprisonment sentence and fine reduced – Decisions challenged based on constitutional and administrative law – Whether decisions unconstitutional for infringing equality principles in the Federal Constitution ("FC") – Whether applicant had locus standi to file application – Whether distinction could be drawn between challenging Board's advice and actual decision of Yang di-Pertuan Agong – Whether application frivolous – Whether impugned decisions amenable to judicial review in view of Article 42(1) of the FC – Federal Constitution, Articles 8, 40(1A), (2), 42, 42(1) – Rules of Court 2012
Badan Pengurusan Bersama Mutiara Ville, Cyberjaya v Azmi & Co (Shah Alam) Sdn Bhd [2025] 2 AMR 67, HC
Civil procedure – Summary judgment – Application for – Joint management body ("JMB") sought damages against property manager for negligence – JMB's cheque book within property manager's possession went missing – Some missing cheques issued and cashed – Whether JMB had unanswerable case – Whether property manager raised triable issues – Whether there was admission of liability by property manager – Whether summary judgment ought to be granted – Rules of Court 2012, Order 14 r 3
Hasina binti Meera Maidin v Tetuan Rajinder & Goh (disaman sebagai sebuah firma) & 2 Ors [2025] 2 AMR 75, HC
Contract – Breach – Fee-sharing agreement – Company's investor advanced legal fees to assist company in filing suits against third party – Law firm allegedly agreed to give investor 15% of judgment sum in return – Agreement letter executed between parties – Refusal by law firm to pay investor after claim against third party succeeded – Whether agreement letter valid and enforceable – Whether given under duress – Whether investor entitled to sum due under agreement letter – Legal Profession Act 1976
Sabri bin Umar v Minister of Home Affairs Hamzah Zainuddin & 5 Ors [2025] 2 AMR 107, HC
Tort – Negligence – Damages – Plaintiff convicted under the Immigration Act 1959/63 – Plaintiff imprisoned three months and whipped before being discharged and acquitted – Criminal proceedings against plaintiff allegedly wrongly instituted – Action filed for negligent misstatement – Whether negligence claim pleaded – Whether evidence supported plaintiff's claim – Whether established on balance of probabilities – Whether entitled to damages – Immigration Act 1959/63, s 6(1)(c) – Sexual Offences against Children Act 2017
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