Thursday, October 27, 2016
Tuesday, October 11, 2016
DATUK SERI KHALID BIN ABU BAKAR & ORS V N INDRA ( THE ADMINISTRATOR OF THE OF THE ESTATE AND DEPENDANT OF KUGAN A/L ANATHAN , DECEASED)
Police- Duties of Police Breach of statutory duties - Detainee beaten to death by policemen whilst in detention - Abuse of remand warrant - attempt to cover up incident Vicarious liability - whether tortfeasor and superior officers liable for deceased death
Held:- where there is a breach of a constitutional right by a public authority, S8 (2) of the Civil Law Act does not apply and the courts cannot be barred from awarding exemplary damages. Section 8 of the CLA ONLY applies to private torts in so far as the prohibition of awarding exemplary damages. This was an appropriate case to award exemplary damages.
Writers opinion= Courts award exemplary compensation when on the facts before the Court, the actions of the offender are so reprehensible with a conscious disregard for the rights of another. The basis of this reasoning is that, it it to deter others from engaging in a similar conduct.
Tuesday, October 4, 2016
Congress shall make no law respecting an establishment of religion, or prohibiting the free excercise thereof , or abridging the freedom of speech, or of the press, or the right of the people peacebly to assemble, and to petition the Goverment for a redress of grievances.
Thursday, September 1, 2016
Judicial Review- Dismissal of Police Officer
Held : It is a principle of law based on established judicial precedent that where in a situation where a public decision making body takes into account extraneous factors behind the backs of the party aggrieved by the decision, the decision of that public authority will be rendered unlawful for being in breach of the principles of natural justice .......procedurally unfair.
Sunday, August 28, 2016
This is a very old case and much reliance was placed on English and Indian authorities,
CHEW CHENG SWEE V CHAN CHYE NEO
The only point argued before us was that the proceedings were in their nature civil and not criminal and that that therefore no appeal lies from the Order of 8th September 1931 under Chapter XXVIII of the CPC.
Held:- There is ample authority in India and in England that maintenance proceedings though criminal in form are really civil matters. [ tokee Bibee v Abdool Khan ILR 5 Calcutta at p. 536 at page 542]