[1979]1 MLJ 135 at p.148 Pengarah Tanah dan Galian,WP v Sri Lembah Enterprise "Unfettered discretion is a contradiction in terms.....Every legal power must have legal limits,otherwise there is a dictatorship....The Courts are the only defence of the liberty of the subject against departmental aggression."This research on AL has been written with the following objectives :- -Generally,but not exhaustively,it covers an overall spectrum of Malaysian Administrative Law.
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 WRITINGRichard K. Neumann, Jr. Professor at Law.
Saturday, August 6, 2016
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
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