ADMINISTRATIVE LAW

[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.

Tuesday, August 10, 2010

[2005] 3 MLJ 97

PALM OIL RESEARCH & DEVELOPMENT BOARD MALAYSIA & ANOR V PREMIUM VEGETABLE OILS SDN. BHD. & ANOR APPEAL

(Per Gopal Sri Ram JCA)- Section 14(1) empowers the Minister, inter alia, to impose research cess on palm oil: not on palm oil millers. Thus the 1979 Act did not suthorise the imposition of the research cess upon palm oil millers. S14 of the 1979 Act also did not identify the payer of the research cess.Basaed on these above matters, the 1969 Order was ultra vires the 1979 Act.

ADMINISTRATIVE LAW

Tuesday, August 10, 2010

[2005] 3 MLJ 97

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