Majlis Agama Islam Selangor v Dahlia Dhaima binti Abdullah (and Another Appeal) [2023] 5 AMR 1, CA

Constitutional law – Courts – High Court – Jurisdiction – Appeal against – High Court declared respondent never professed Islam and purported conversion occurred only because of mother's conversion – Conversion done when respondent was five years old, without father's consent –Syariah High Court and Syariah Court of Appeal dismissed her plea that she was never a Muslim in prior litigation – Whether civil court had jurisdiction to deal with issue of conversion to Islam – Whether civil court had power to relitigate decision of Syariah court in view of Article 121(1A) of the Federal Constitution – Whether application was ab initio or a renunciation case – Whether respondent had proven on a balance of probabilities that she had never professed Islam – Administration of Islamic Law Enactment 1989, s 74(3) – Administration of Muslim Law Enactment 1952, s 147 – Federal Constitution, Articles 12(4), 121(1A) – Law Reform (Marriage and Divorce) Act 1976

Salman bin Kassim v Public Prosecutor [2023] 5 AMR 49, CA

Criminal law – Offences affecting the human body – Murder – Appeal against conviction and sentence of death – Defence of "grave and sudden provocation" raised – Whether prosecution had proven its case beyond reasonable doubt – Whether murder charge must specify as to how and by what means death was caused – Whether sentence of death defective in not directing that accused be hanged by neck till he is dead – Whether ingredients of murder proved – Whether appellant had valid defence that would reduce offence of murder to that of culpable homicide not amounting to murder – Whether psychological profile of appellant considered – Criminal Procedure Code, ss 152-154, 277, 402C – Evidence Act 1950, s 105 – Penal Code, ss 84, 300, 300(a), (c), Exception 1, 302, 304

Ice Far East Sdn Bhd v Biaxis (M) Sdn Bhd [2023] 5 AMR 78, HC

Company law – Winding up – Leave to continue action or proceeding – Purely monetary claim against wound up company – Whether leave ought to be granted – Whether monetary claim can be dealt with adequately by winding-up court – Whether remedy sought compensable by money – Whether pari passu principle would be preserved – Companies Act 2016, s 471(1)

Muralee a/l YS Menon v Ketua Pengarah Jabatan Pendaftaran Negara (Farhana binti Farhan Menon & 2 Ors – Proposed Interveners) [2023] 5 AMR 86, HC

Civil procedure – Parties – Intervention – Application by Majlis Agama Islam Wilayah Persekutuan ("MAIWP") to intervene in suit seeking declaration that plaintiff not a Muslim – Whether intervention application ought to be allowed – Whether citing wrong provision fatal to application – Whether MAIWP had direct interest or jurisdiction to intervene – Administration of Islamic Law (Federal Territories) Act 1993, ss 85, 89, Part III – Rules of Court 2012, Order 15, Order 15 r 4

Public Prosecutor v Tee Hong Wee [2023] 5 AMR 93, HC

Criminal law – Offences against property – Criminal breach of trust – Appeal against discharge and acquittal – Alleged dishonest misappropriation of company's funds by managing director for personal use amounting to criminal breach of trust – Whether failure to hand over money to company could be presumed to be an act of dishonest intention to misappropriate company's funds – Whether absence of company resolution authorising transaction made it dishonest act – Whether defence had cast reasonable doubt on prosecution case – Whether appellate intervention warranted – Penal Code, ss 23, 409