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Sunday, August 28, 2016

1932- MLJ -1 at page 5


 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] 

Wednesday, August 24, 2016

LEGAL REASONING AND LEGAL WRITING

 

 

Language is the lawyers scalpel.If he cannot use it skillfully, he is apt to butcher his suffering clients case

LEGAL REASONING  AND LEGAL  WRITING
Richard K. Neumann, Jr. Professor at Law.

Saturday, August 6, 2016

[2009] 5 AMR 519


exemplary compensation- pampasan teladan 

THANGASAMY BROWN- [2009] 5 AMR 519

Thangasamy  Brown a/l DN Gnanayutham v Pelabuhan Tanjung Pelepas Sdn Bhd & Anor 

Labour Law- Held:- Having concluded that the appellant was engaged for a fixed term of six months and  that the contract would be terminated by effluxion of time on December 31, 2000 there was no question of reinstatement but only compensation to be awarded by the Industrial Court for premature termination arising from the constructive dismissal which occurred on September 25 ,2000.

Monday, July 4, 2016

LTPAHBPP v UTRA BADI K PERUMAL [2000] 3 CLJ 224,239 (CA)


Lembaga Tatatertib Perkhidmatan Awam Hospital Besar Pulau Pinang & Anor v Utra Badi K Perumal
Gopal Sri Ram JCA stated:

" When a person is deprived  of his reputation, it would  in my judgment amount to a deprivation  of life within Art 5(1) of the Federal Constitution.The right to reputation is part and parcel of the human dignity. And it is the fundamental right of every person within the shores of  Malaysia to live with common human dignity."

Adrian Joseph-2005 2 LNS (Award No 1904 of 2005)


In the case of HLB Bhd v Adrian D'cruz the Industrial Court stated inter alia, that the Malaysian society does not tolerate sexual harassment. If a person sexually harasses another person at a workplace , that person can expect instant  dismissal even if that person has had a good track record

Saturday, June 25, 2016

Tanda Tanda Hari Khiamat............