Tan Boon Liat v Menteri Hal Ehwal Dalam Negeri [1976] 2 MLJ 83
The expression Public Order is not defined anywhere but danger to human life and safety and the disturbance of public tranquility must necessarily fallwithin the purview of the expression....The test to be adopted in determining whether an act affects law and order or public order is this: Does it lead to disturbance of the current of life of the community so as to amount to disturbance of the public order or does it affect merely an individual leaving the tranquility of the society undisturbed?
This case can be used when there is a factual issue about police not approving permits for gathering. The main focus of the argument would be - the individual and the community. In real life, there would have been one person who would have made a police report against the gathering.
Thursday, March 31, 2011
Wednesday, March 30, 2011
TIPS FOR MOOTERS
 | ||||
It recently dawned on me that many of my students are still ignorant or "misconceived" over some areas of the law. After yesterdays class, judging from the questions that were asked - looks like most of my lectures just went over the students heads.There are only 2 options available for me right now, that is, to shoot myself on the head and end it all- or to rectify the situation somewhat. For those who are Mooter's, introduce yourself- Secara Ringkas- " Encik Moses - Council for the appellants and together with me,...other Counsel stands up and introduce themselves." (In actual Court Proceedings- leading Counsel will introduce everyone- this is the first step- and this will be recorded in the Courts file) After that, highlight to the Court the Brief facts of the case- not only must the facts be brief- Counsel must also be brief. and concise Lawyers must not start reading case law from beginning to end like a CNN TV newscaster.Do not bore the Court with your long lectures. 2nd Step- With the permission of this Court ,I will now proceed with my 1st Submission. ( Remember the main marks will be given for Mastery of facts and issues, and Advocacy- there is little point in getting 10/10 for Court Etiquette- this can easily be accomplished by addressing the Judge - My Lord, My Darling Yang Arif about 2 dozen times.) Tip: Don't argue until you have read the opponents Bundles. Looks what they have highlighted for the Court. have they left any important legal principle out which can be used to your advantage? |
FOOD FOR THOUGHT FOR THE COMING EXAMS ON AL-
The Federal Constitution may be the Supreme law of this country- but there is a setback here. In cases of emergency, the whole FC can be suspended by the Yang Di Pertuan Agung.
"The potency of emergency lawslie in that they are deemed valid even if inconsistent with the FC ( Art 150(6) read with (6A). In the upshot, the retention of a parallel legislative system under a continued state of emergency remains a dent in the development and enhancement of constitutionalism in the country."
Constitutional Landmarks in Malaysia.-page 113
Dear Peguambela & Peguamacara- this is not a "dent" as I see it. There are bound to be emergency provisions in any constitution in the world- especially if the country is in a state of war. If the exam question requires you to comment on the M.E crisis- - you need to write on the issue of referendum first, then comes the new system of Goverment- and how these powers can be curtailed to prevent it from abuses from the next Goverment. At this point you can start making comparisons with other fabulous dynamic ( South Africa & India- of course )Constitutions ( Cheerio ; Happy Studying!!
"The potency of emergency lawslie in that they are deemed valid even if inconsistent with the FC ( Art 150(6) read with (6A). In the upshot, the retention of a parallel legislative system under a continued state of emergency remains a dent in the development and enhancement of constitutionalism in the country."
Constitutional Landmarks in Malaysia.-page 113
Dear Peguambela & Peguamacara- this is not a "dent" as I see it. There are bound to be emergency provisions in any constitution in the world- especially if the country is in a state of war. If the exam question requires you to comment on the M.E crisis- - you need to write on the issue of referendum first, then comes the new system of Goverment- and how these powers can be curtailed to prevent it from abuses from the next Goverment. At this point you can start making comparisons with other fabulous dynamic ( South Africa & India- of course )Constitutions ( Cheerio ; Happy Studying!!
Saturday, March 26, 2011
Exam Guide-Loh Kooi Choon v Goverment of Malaysia [1977] 2 MLJ 187
Raja Azlan Shah- Whatever may be said of other constitutions , they are ultimately of little assistance to us because our Constitution now stands in its own right and it is in the end the wording of our Constitution itself that is to be interpreted and applied and this wording cannot be overidden by the extraneous principles of other Constitutions.
This case can be used to counteract the reliance on and influence of other Constitutions-eg India, England & South Africa. But be careful of the way you craft your answer, as the Prof. -I believe will be marking your paper.
This case can be used to counteract the reliance on and influence of other Constitutions-eg India, England & South Africa. But be careful of the way you craft your answer, as the Prof. -I believe will be marking your paper.
Administrative law- a guide to your exams
John of Salisbury- Goverment is limited by the Jus Naturale and that both the Prince and the Judge are limited by this standard. John stated "The Prince may not lawfully have any will of his own apart from that which the law or equity enjoins, or the calculation of the common interests requires."
The above statement of John were the seeds that were planted which eventually gave birth to the idea of a Constitutional Monarchy.
Bracton- Judge of Kings Bench -Henry III- - The King himself ought not to be subject to man, but subject to God and the law, for the law makes the King. Let then the King attribute to the law what the law attributes to him namely, dominion & power.
Sir Edward Coke- All authority was derived from law and was therefore, limited by laws..
Explanation- law can restricted by other laws.
The King has no prerogative but that which the law of the land allows.- issues relating to Conventions & Constitutional Monarchy)
( For example- a minor arrested in Malaysia under any security laws- laws relating to Minority will be suspended and the Security Regulations in force will takeover)
Dr. Bonhams case- Court of Common Pleas- Sir Edward Coke- " And it appears in our books, that in many cases, the common law will control Acts of Parliament, and sometimes adjudge them to be utterly void;for when an AOP is against common right and reason, or impossible to be performed , the common law will control it and adjudge such act to be void."
If there is an exam question which as some reference to "current issues" like the M.E crisis- the above can be quoted as part of you answer.But this is an aspect of Natural Law and is opposed to Legal Positivism.( will be explained in class this week)
The American Civil Wars was primarily a lawyers revolution.Natural law was their chief weapon in their argument against Supremacy of Parliament.
Abraham Lincoln used the principles of natural law to end slavery in America. Northern leaders argued that slavery was condoned in the Bible so it was okay to keep slaves. Abraham Lincoln felt that times have changed and this triggered off the proposition of civil rights and liberties to all on American soil and this included the slaves.
The above statement of John were the seeds that were planted which eventually gave birth to the idea of a Constitutional Monarchy.
Bracton- Judge of Kings Bench -Henry III- - The King himself ought not to be subject to man, but subject to God and the law, for the law makes the King. Let then the King attribute to the law what the law attributes to him namely, dominion & power.
Sir Edward Coke- All authority was derived from law and was therefore, limited by laws..
Explanation- law can restricted by other laws.
The King has no prerogative but that which the law of the land allows.- issues relating to Conventions & Constitutional Monarchy)
( For example- a minor arrested in Malaysia under any security laws- laws relating to Minority will be suspended and the Security Regulations in force will takeover)
Dr. Bonhams case- Court of Common Pleas- Sir Edward Coke- " And it appears in our books, that in many cases, the common law will control Acts of Parliament, and sometimes adjudge them to be utterly void;for when an AOP is against common right and reason, or impossible to be performed , the common law will control it and adjudge such act to be void."
If there is an exam question which as some reference to "current issues" like the M.E crisis- the above can be quoted as part of you answer.But this is an aspect of Natural Law and is opposed to Legal Positivism.( will be explained in class this week)
The American Civil Wars was primarily a lawyers revolution.Natural law was their chief weapon in their argument against Supremacy of Parliament.
Abraham Lincoln used the principles of natural law to end slavery in America. Northern leaders argued that slavery was condoned in the Bible so it was okay to keep slaves. Abraham Lincoln felt that times have changed and this triggered off the proposition of civil rights and liberties to all on American soil and this included the slaves.
A.O & D.L V MINISTER OF JUSTICE
IRISH REPORTS - 2003 -1 [PAGE1-207]
Constitution- Personal Rights-Citizens- Family Rights
Immigration- Non- nationals-Deportation
Constitution- Personal Rights-Citizens- Family Rights
Immigration- Non- nationals-Deportation
Friday, March 25, 2011
A LITTLE ADVICE FROM ME
This is my private home library.I have more books in my study room and even more in the bedroom.In my storeroom I have confidential books which are not available in the open market.
[For the lower intelligence sort,then the available alternative is to learn how snatch purses from some miserable lady]
I hope when I am dead- it may be said
Though his sins were scarlet- his books were well read!! The Jinns Friend- Vijay
Wednesday, March 23, 2011
FOR THE MOOT COURT- BAN ON THE 1MALAYSIA LOGO
Sinma Medical Products v Yomeishu Seizo Co Ltd [2004] 4 MLJ 358
In Sinma Medical Products v Yomeishu Seizo Co Ltd [2004] 4 MLJ 358 Sinma Medical Products appealed against a High Court decision that found it guilty of passing off and infringement of the mark owned by Yomeishu Seizo Co Ltd and granted an order rectifying the Trademark Register.
Sinma commenced the business of selling a product named Lingzhi or New Lingzhi Chiew, which was changed to Chinese Yangmingjiu in 1981. Sinma’s product was sold with a logo showing a combination of three kanji characters prefixed with two kanji characters that represent the word ‘Chinese’. The full logo read ‘Chinese Yangmingjiu’.
Sinma was the registered proprietor of a trademark that contains an English translation of two kanji characters that make up the word ‘Chinese’ and a transliteration of three other kanji characters into romanized Mandarin to read ‘Yangmingjiu’, thus forming the mark CHINESE YANGMINGJIU.
Yomeishu’s product, which bore a registered trademark consisting of three kanji characters depicting the romanized word ‘yomeishu’, had been imported into and sold in Malaysia since 1969.
The Court of Appeal held that the three elements in passing-off being reputation, misrepresentation and damage had been established by the Plaintiff.
In Sinma Medical Products v Yomeishu Seizo Co Ltd [2004] 4 MLJ 358 Sinma Medical Products appealed against a High Court decision that found it guilty of passing off and infringement of the mark owned by Yomeishu Seizo Co Ltd and granted an order rectifying the Trademark Register.
Sinma commenced the business of selling a product named Lingzhi or New Lingzhi Chiew, which was changed to Chinese Yangmingjiu in 1981. Sinma’s product was sold with a logo showing a combination of three kanji characters prefixed with two kanji characters that represent the word ‘Chinese’. The full logo read ‘Chinese Yangmingjiu’.
Sinma was the registered proprietor of a trademark that contains an English translation of two kanji characters that make up the word ‘Chinese’ and a transliteration of three other kanji characters into romanized Mandarin to read ‘Yangmingjiu’, thus forming the mark CHINESE YANGMINGJIU.
Yomeishu’s product, which bore a registered trademark consisting of three kanji characters depicting the romanized word ‘yomeishu’, had been imported into and sold in Malaysia since 1969.
The Court of Appeal held that the three elements in passing-off being reputation, misrepresentation and damage had been established by the Plaintiff.
Saturday, March 19, 2011
LITIGATION LAWYER
Lawyer: before I look into your case, you have to pay me RM200 as a retainer fee.
Victim: All right here is the retainer fee.
Lawyer: Thank you, Sir. You are now legally entitled to ask 2 questions.
Victim: What? RM200 for just 2 questions? Dont you think that's a bit too high?
Lawyer: Yeap , I suppose it is. Now, what's your second question?
Victim: All right here is the retainer fee.
Lawyer: Thank you, Sir. You are now legally entitled to ask 2 questions.
Victim: What? RM200 for just 2 questions? Dont you think that's a bit too high?
Lawyer: Yeap , I suppose it is. Now, what's your second question?
Friday, March 18, 2011
THOUGHT FOR THE DAY
Einstein
"I am thankful to all those who said NO to me -Its because of them I did it myself"
"I am thankful to all those who said NO to me -Its because of them I did it myself"
Monday, March 14, 2011
IN THE MOOT COURT OF THE UNIVERSITY OF MALAYA
12TH MARCH 2011
SUHAIMAI SHAFIE
V
PUBLIC PROSECUTOR
COUNSEL FOR THE APPELLANTS
Jayarubbiny Jayaraj, Mathanraj S.C Subramaniam, Kartiyaini Jeyapalan, Savinder Singh a/l Jugindar Singh.
COUNSELS FOR THE RESPONDENTS
Siew Soo Sien, Lee Sen Ching, Lemuel Chong Yi Leik, Poo Long Yii.
MOOT COURT JUDGE:MRS. VJ
MOOT COURT JUDGE:MRS. VJ
Appeal Rejected. Judgment of the High Court affirmed.Court Rules in favour of Respondents.
Overall Appellants & Respondents did a fabulous job.There is great potential.
(Setback:Appellants bungling their way through documents and both the Appellants and the Respondents reading from notes like TV newscasters)- Nothing personal here.
Appellants would have won the day if they had ventillated the points as enunciated in the case of Fan Yew Teng v PP 2 MLJ 1975 at p. 235- pertinent passages.." Mere criticism of Goverment is not sufficient to constitute sedition.In a parliamentary democracy constructive criticism is always welcomed by the Goverment of the day.Honest and reasonable criticism is a source of strength to the country rather than a weakness.There is nothing to prevent a person criticising the system of goverment or expressing a desire for a different system of Goverment..."
The Appellants overlooked this case.
Overall Appellants & Respondents did a fabulous job.There is great potential.
(Setback:Appellants bungling their way through documents and both the Appellants and the Respondents reading from notes like TV newscasters)- Nothing personal here.
Appellants would have won the day if they had ventillated the points as enunciated in the case of Fan Yew Teng v PP 2 MLJ 1975 at p. 235- pertinent passages.." Mere criticism of Goverment is not sufficient to constitute sedition.In a parliamentary democracy constructive criticism is always welcomed by the Goverment of the day.Honest and reasonable criticism is a source of strength to the country rather than a weakness.There is nothing to prevent a person criticising the system of goverment or expressing a desire for a different system of Goverment..."
The Appellants overlooked this case.
Thursday, March 10, 2011
Now Selangor says no 1 Malaysia billboard ban
UPDATED @ 09:35:11 PM 05-01-2011By Shazwan Mustafa KamalJanuary 05, 2011SHAH ALAM, Jan 5 – Tan Sri Khalid Ibrahim moved today to end the controversy surrounding 1 Malaysia billboards ban in Selangor, claiming that it was just a “confusion”.
The Selangor Mentri Besar said today that only state government linked companies (GLCs) were barred from using the 1 Malaysia logo, claiming that his administration had never banned restaurants or business premises from putting it up.“There has been a confusion here. We only barred GLCs from using state government’s money for promoting 1 Malaysia. There is no 1 Malaysia billboard ban,” Khalid said today.
Khalid said that the 1 Malaysia logo could be used for individual or commercial purposes as long as it did not go against any local council by-laws and applications could be made to the relevant local municipal councils.Selangor exco Ronnie Liu said recently that state by-laws only permitted political banners at business premises if local councils did not view them as “propoganda”.
Last month, Liu had announced a state-wide ban on 1 Malaysia billboards, a move which had been criticised by both Barisan Nasional (BN) as well as Pakatan Rakyat (PR) leaders.However at the same time Khalid took pot shots at Datuk Seri Najib Razak’s concept, saying that that it was a “hypocritical” slogan and its interpretaion and meaning were both “muddled” and confusing.
“It is a BN slogan which is a waste of time and money. So that is why we do not allow our GLCs to spend the state’s coffers promoting that concept ... we reject it completely.“ Instead of 1 Malaysia, our focus is to “merakyatkan ekonomi Selangor,” said the Selangor MB, citing the state government’s slogan.
The Selangor Mentri Besar said today that only state government linked companies (GLCs) were barred from using the 1 Malaysia logo, claiming that his administration had never banned restaurants or business premises from putting it up.“There has been a confusion here. We only barred GLCs from using state government’s money for promoting 1 Malaysia. There is no 1 Malaysia billboard ban,” Khalid said today.
Khalid said that the 1 Malaysia logo could be used for individual or commercial purposes as long as it did not go against any local council by-laws and applications could be made to the relevant local municipal councils.Selangor exco Ronnie Liu said recently that state by-laws only permitted political banners at business premises if local councils did not view them as “propoganda”.
Last month, Liu had announced a state-wide ban on 1 Malaysia billboards, a move which had been criticised by both Barisan Nasional (BN) as well as Pakatan Rakyat (PR) leaders.However at the same time Khalid took pot shots at Datuk Seri Najib Razak’s concept, saying that that it was a “hypocritical” slogan and its interpretaion and meaning were both “muddled” and confusing.
“It is a BN slogan which is a waste of time and money. So that is why we do not allow our GLCs to spend the state’s coffers promoting that concept ... we reject it completely.“ Instead of 1 Malaysia, our focus is to “merakyatkan ekonomi Selangor,” said the Selangor MB, citing the state government’s slogan.
Wednesday, March 9, 2011
Hong Kong Basic Law (1st July 1997) - SAR
Art. 39: The provisions of the International Covenant on Civil
and PoliticalRights, the International Covenant on Economic, Social and Cultural Rights,and international labour conventions as applied to Hong Kong shall remain in force and shall be implemented through the laws of the Hong Kong Special Administrative Region.The rights and freedoms enjoyed by Hong Kong residents shall not be restricted unless as prescribed by law. Such restrictions shall not contravene the provisions of the preceding paragraph of this Article.LATEST DEVELOPMENTS
The Professor passed this to me yesterday.Read up this cases in case it appears on the exam papers.
Write a commentary on the P Patto and Chai Chon Hon cases.
([1986] 2 MLJ 204 ; [1986] 2 MLJ 203.)
MULT-CULTURALISM AND LEGAL PLURALISM -ITS MEANING
1. What does it cover? Multic-cluturalism: A philosophy that recognizes ethnic diversity within a society and that encourages others to be enlightened by worthwhile contributions to society by those of diverse ethnic backgrounds.
2 Legal pluralism is the existence of multiple legal systems within one geographic area. Legal pluralism also occurs when different laws govern different groups within a country. For example, in India andMalaysia, there are special Islamic courts that address concerns in Muslim communities by following Islamic law principles. Secular courts deal with the issues of other communities. Legal pluralism also exists to an extent in societies where the legal systems of the indigenous population have been given some recognition. In Australia, for example, the Mabo decision gave recognition to native title and thus elements of traditional Aboriginal law. (Malaysia: Adong bin Kuwau’s case)
HIGH COURT (KUALA LUMPUR)
Suzana bt Md Aris (claiming as administrator of the estate and a dependant of Mohd Anuar bin Sharip, deceased) v DSP Ishak bin Hussain & Ors
[2011] 1 MLJ 107 CIVIL SUIT NO S7-21-61 OF 2000
HIGH COURT (KUALA LUMPUR) DECIDED-DATE-1: 14 SEPTEMBER 2010
LEE SWEE SENG JC
CATCHWORDS:
Civil Procedure - Damages - Aggravated damages - Aggravated damages not specifically pleaded by plaintiff - Whether plaintiff's plea for general damages sufficient - Whether court entitled to award aggravated damages if pleaded and proved facts justified award
Civil Procedure - Damages - Aggravated damages - Death of victim in police custody - Whether aggravated damages recoverable by dependants - Whether aggravated damages reflected court's and society's abhorrence - Whether aggravated damages reflected public's negative reaction to apathy, abuse and abdication of duty by police
Civil Procedure - Damages - Assessment of damages - Appeal against assessment by re-gistrar - Whether judge ought to be slow to disturb such assessment
Constitutional Law - Fundamental liberties - Right to life and liberty - Deprivation of fundamental rights - Whether 'vindicatory damages' recoverable
Constitutional Law - Fundamental liberties - Right to life and liberty - Person deprived of medical care and attention in police custody - Whether deprivation a deprivation of per-son's right to life and liberty - Whether deprivation tantamount to torture, cruel and inhu-mane treatment - Whether aggravated and exemplary damages recoverable for oppressive, arbitrary or unconstitutional action by servants of the state - Federal Constitution Part II - Universal Declaration of Human Rights 1948
Damages (Personal Injury or Death) - Action for - Dependency claim - Death of victim in police custody - Death caused by police negligence - Children of deceased victim of tender age and in formative years - Whether award of RM200,000 for each of victim's two children reasonable
Damages (Personal Injury or Death) - Action for - Dependency claim - Death of husband and father due to breach of fundamental liberty and basic human rights - Whether dependants entitled to recover aggravated and exemplary damages - Civil Law Act 1956 s 7
Tort - Damages - Negligence - Death of victim in police custody - Death of victim due to negligence of police in providing medical care and attention - Whether aggravated and exemplary damages recoverable
Words and Phrases - 'enshrined' - Human Rights Commission of Malaysia Act 1999 s 2
[2011] 1 MLJ 107 CIVIL SUIT NO S7-21-61 OF 2000
HIGH COURT (KUALA LUMPUR) DECIDED-DATE-1: 14 SEPTEMBER 2010
LEE SWEE SENG JC
CATCHWORDS:
Civil Procedure - Damages - Aggravated damages - Aggravated damages not specifically pleaded by plaintiff - Whether plaintiff's plea for general damages sufficient - Whether court entitled to award aggravated damages if pleaded and proved facts justified award
Civil Procedure - Damages - Aggravated damages - Death of victim in police custody - Whether aggravated damages recoverable by dependants - Whether aggravated damages reflected court's and society's abhorrence - Whether aggravated damages reflected public's negative reaction to apathy, abuse and abdication of duty by police
Civil Procedure - Damages - Assessment of damages - Appeal against assessment by re-gistrar - Whether judge ought to be slow to disturb such assessment
Constitutional Law - Fundamental liberties - Right to life and liberty - Deprivation of fundamental rights - Whether 'vindicatory damages' recoverable
Constitutional Law - Fundamental liberties - Right to life and liberty - Person deprived of medical care and attention in police custody - Whether deprivation a deprivation of per-son's right to life and liberty - Whether deprivation tantamount to torture, cruel and inhu-mane treatment - Whether aggravated and exemplary damages recoverable for oppressive, arbitrary or unconstitutional action by servants of the state - Federal Constitution Part II - Universal Declaration of Human Rights 1948
Damages (Personal Injury or Death) - Action for - Dependency claim - Death of victim in police custody - Death caused by police negligence - Children of deceased victim of tender age and in formative years - Whether award of RM200,000 for each of victim's two children reasonable
Damages (Personal Injury or Death) - Action for - Dependency claim - Death of husband and father due to breach of fundamental liberty and basic human rights - Whether dependants entitled to recover aggravated and exemplary damages - Civil Law Act 1956 s 7
Tort - Damages - Negligence - Death of victim in police custody - Death of victim due to negligence of police in providing medical care and attention - Whether aggravated and exemplary damages recoverable
Words and Phrases - 'enshrined' - Human Rights Commission of Malaysia Act 1999 s 2
Sunday, March 6, 2011
9&10 MARCH 2011- TUTORIALS
KETUA PENGARAH KESATUAN SEKERJA MALAYSIA V EVERGREEN LAUREL HOTEL SDN. BHD ISSUE 12 DECEMBER [2010] 4 ILR 461-700
[the above case is to be found in the most recent of the Industrial Law Reports ]
PS: found on the 2nd floor Law Faculty.
[the above case is to be found in the most recent of the Industrial Law Reports ]
PS: found on the 2nd floor Law Faculty.
S 369 CPC
DIRECTIONS OF THE NATURE OF A HABEAS CORPUS
369 POWERS OF THE HIGH COURT TO MAKE CERTAIN ORDERS
Defendant in custody under Writ of attachment to be brought before Court
The Officer in charge of a Defendant in custody under a writ of attachment shall, as soon as possible after the arrest, bring such person before the Court to be dealt with acccording to law, and if he shall fail to do so the Court shall forthwith order the said defendant to be brought before it.
PS: Answers dealing with Habeas Corpus Issues relating to JR applications must also include a brief reference, or a minute discussion on this area. Cross reference to Abdul Ghani Haroon's case.Here the accused was not brought before the Court at all.(Study Well)
369 POWERS OF THE HIGH COURT TO MAKE CERTAIN ORDERS
Defendant in custody under Writ of attachment to be brought before Court
The Officer in charge of a Defendant in custody under a writ of attachment shall, as soon as possible after the arrest, bring such person before the Court to be dealt with acccording to law, and if he shall fail to do so the Court shall forthwith order the said defendant to be brought before it.
PS: Answers dealing with Habeas Corpus Issues relating to JR applications must also include a brief reference, or a minute discussion on this area. Cross reference to Abdul Ghani Haroon's case.Here the accused was not brought before the Court at all.(Study Well)
Saturday, March 5, 2011
COMPLAINT BY LAWYER
Some Courts and our CJ seems to have no capacity at all to understand that when an mc is given to anyone let alone a lawyer, the doctor's view is an expert view. How can any Judges not accept it lah. Judges are not an expert in medical issues.
Malaysia boleh but ini tak bolehlah. lawyers are merely attending court to do their job and if an mc is given to the lawyer that means he cannot do the job properly cause we need to be in the right frame of mind to do our job properly. Court's refusal to grant adjournment when there is a mc is breach of fundmental rights of a lawyer human. Courts are contantly showing disrespect to lawyers when lawyers are also officers of the court. I am actually annoyed that the Bar Council is not doing anything about this disrespect shown to we lawyers in court.
Rushing us lawyers to prepare our bundles, submissions and the trial , not allowing us to conduct our cases properly and worst still not being able to understand the Evidence Act but sitting there to judge the case is phathetic. What is the point of artificially truncating the numbers when the Court is miserably failing to do justice. Why cant they understand that!
Anyway someone once asked me if lawyers cannot fight for their own rights then how can they fight for anyone else's right? Malulah kita.
I think I want to set up a movement to fight for lawyers' rights what you all think?
Absolutely fed up
SP Chanra
Hn Lim & CO
Friday, March 4, 2011
CURRENT ISSUES - NST 5-3-2011
TUNISIA: Tunisia will hold an election on July 24 to choose a constituent assembly that will rewrite the Constitution and chart the countrys transition to democracy.
DAMASCUS: Syrian activists are demanding political reforms. We need to agree on crafting a new constitution that involves all movements of Syrian society.
DAMASCUS: Syrian activists are demanding political reforms. We need to agree on crafting a new constitution that involves all movements of Syrian society.
CURRENT ISSUES - NST 5-3-2011
AMMAN-JORDAN: The PM rejected demands for a transition to a Constitutional Monarchy saying it was a "violation" of the Constitution and bypasses political reforms.
CURRENT ISSUES - NST 5-3-2011
Jaseele Martin is challenging the requirement that only a Muslim can be a Syarie lawyer and that such requirement was in contravention of the Federal Constitution and therefore void.
CURRENT ISSUES - NST 5-3-2011
KOTA BAHRU: The seizure of Big Sweep tickets from three premises here by officers of the KB Municipal Council and slapping the operators with summonses for selling them is ultra vires the Constitution.
CURRENT ISSUES - NST 5-3-2011
MOST FORMS DO NOT NEED INFORMATION ON RACE OR RELIGION BECAUSE IT ISNOT IMPORTANT. IT MUST BE TAKEN OFF BECAUSE IT HINDERS THE SUCCESS OF 1MALAYSIA. RAGUNATH KESAVAN . MALAYSIAN BAR COUNCIL PRESIDENT.
CURRENT ISSUES - NST 5-3-2011
The United Nations Resident Coordinator for Malaysia , Kamal Malhotra said the initiative by the 1Malaysia Foundation was timely and in line with the content of the UDHR to which Malaysia is a signatory.The UDHR proclaims that all human beings are equal in rights and is entitled to freedom without distinction of any kind, in particular to race."
THOUGHT FOR THE DAY
K.M.S. (Keep Mouth Shut). This single piece of advice can prevent an enormous amount of trouble.
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