AKTA KETERANGAN SAKSI KANAK-KANAK PDF

CRIMINAL LAW: Kidnapping Act - Section 3 - Offence of kidnapping - Grounds of appeal - Whether identification parade flawed and defective - Whether trial judge failed to warn himself against accepting evidence of 13 year old victim - Whether test of maximum evaluation and beyond reasonable doubt rightly applied - Whether trial judge erred in law and fact in sentencing - Whether appellate interference warranted - Kidnapping Act , s. The appeals were in relation to five appellants who were convicted and sentenced for an offence under s. Upon receiving the ransom, SP3 was released. The accused persons were arrested and were subsequently identified by SP3 in the identification parade as well as in the dock.

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Feel free to forward this to your colleagues. COMPANY LAW: Winding up - Petition - Whether filed without a proper underlying debt owing by respondent - Based purely on dishonor of post-dated cheques - Whether proper subject matter for a civil action and not a winding-up petition - Whether petition an abuse of the court's process CIVIL PROCEDURE: Parties - Joinder of parties - Proper parties to be sued, whether - Parties added as defendants were material witnesses for plaintiff - Whether prejudicial and embarrassing to allow them to be added as defendants - Whether plaintiff had cause of action against them - Whether plaintiff entitled to choose which party to sue - Whether plaintiff could be compelled to proceed against others it did not wish to sue - Rules of the High Court , O.

CONTRACT: Capacity - Absence of, arising from alleged dementia of 2nd defendant - Whether person suffering from senility or dementia fell within similar category of someone suffering from some form of mental disorder - Whether shown as a matter of proof and not merely a bare assertion.

Vishwanath Agrawal v. Marlan Marpaung v. Aswan Muhamad lwn. Hong Leong Bank Bhd v. Lee Mew Kwan v. Civil Procedure Code, - Section - Second Appeal - Interference with concurrent findings of fact - Scope of - Held, High Court in a second appeal should not disturb concurrent findings of fact unless it is shown that findings recorded by courts below are perverse being based on no evidence or that on basis of evidence on record, no reasonable person could have come to that conclusion - Further held, solely because another view is possible on basis of the evidence, High Court would not be entitled to exercise jurisdiction under section.

Defence - Shift in defence - Accused on drug trafficking charge changed stand to contend drugs belonged to co-accused who was acquitted and discharged - Accused during entire prosecution's case maintained drugs belonged to someone else who had escaped - Whether change in stand destroyed accused's credibility and bona fides of defence - Whether accused should have raised issue of ownership of drugs at earliest opportunity when arrested with co-accused, when interrogated or during prosecution's case - Whether accused's conduct at time of arrest showed he knew of drugs in bag Marlan Marpaung v.

Contract of service - Corporatisation - Plaintiffs paid benefits upon successful application for voluntary separation scheme 'VSS' - Whether also entitled to 'retirement benefits' provided under cl. Family and Personal Laws - Matrimonial proceedings - Divorce - Interference with concurrent findings of fact by Supreme Court - When warranted - "Perverse" - Meaning of - Held, Supreme Court can interfere with concurrent findings of fact if the conclusions recorded by High Court are manifestly perverse and unsupported by evidence on record - Further held, any finding which is not supported by evidence or inferences drawn in stretched and unacceptable manner is "perverse" - On facts held, allegations made in written statement, dismissal of case instituted by wife under s.

Family and Personal Laws - Matrimonial proceedings - Subsequent events - Held, events subsequent to filing of divorce petition can be taken into consideration - Publication of notice in newspaper wherein respondent wife had stated that her husband was a womaniser and a drunkard, and allegation of extramarital relationship which she failed to prove, can be taken into consideration while dealing with issue pertaining to "cruelty" in divorce proceedings - Hindu Marriage Act, , s.

Family and Personal Laws - Permanent Alimony - Grant of - Factors to be considered - Permanent alimony granted taking into consideration social status, conduct of parties, way of living of spouse and other ancillary aspects - Amount already paid to respondent wife pursuant to interim orders of court to be ignored since respondent wife was bound to spend said amount for maintaining herself - Keeping in view totality of circumstances, social status from which parties came from, and regard being had to business prospects of appellant husband, permanent alimony of Rs 50 lakhs fixed - Hindu Marriage Act, , Section 25 Vishwanath Agrawal v.

Hindu Marriage Act, - Section 13 1 i-a - "Cruelty" and "mental cruelty" - Meaning and proof of - Held, "cruelty" has an inseparable nexus with human conduct and is always dependent on social strata or milieu to which parties belong, their ways of life, relationship, temperaments and emotions that are conditioned by their social status - On facts held, conduct of wife in publicising in newspapers that her husband was a womaniser and a drunkard, wild allegations about an extramarital relationship, effort to prosecute him in criminal litigation under ss.

Hire purchase agreement - Purchase of vehicle - Purchase of vehicle with liability for custom duties and taxes - Financing of balance purchase price - Seizure of vehicle by customs - Whether there was breach of hire purchase agreement - Whether there was breach of s. Club - Disciplinary proceedings - Member of club ordered to be expelled on disciplinary grounds - Member thereafter declared Persona Non Grata without due enquiry - Whether Persona Non Grata order negated member's right to stay pending appeal granted by disciplinary rules - Whether order unfair and ought to be set aside - Whether hearing of member's appeal against expulsion order conducted unfairly - Whether appeal committee seen to be unable to make objective impartial decision Lee Mew Kwan v.

Saksi - Saksi kanak-kanak - Keterangan bersumpah - Akta Sumpah dan Ikrar - Sama ada saksi memahami kepentingan mengangkat sumpah untuk bercakap benar - Sama ada saksi memahami konotasi yang berkaitan dengan maksud rogol - Faktor-faktor untuk pertimbangan - Sama ada saksi cukup matang - Akta Keterangan , s.

Hukuman - Rayuan terhadap - Perayu disabit atas kesalahan di bawah s. Pembatalan - Writ dan penyataan tuntutan - Sama ada tuntutan plaintif akan berjaya diambilkira dalam permohonan pembatalan - Sama ada tuntutan plaintif dihalang oleh had masa - Sama ada pihak yang salah disaman - Akujanji defendan kepada plaintif - Sama ada doktrin res judicata terpakai - Sama ada mahkamah menggunakan budi bicaranya dalam permohonan untuk pembatalan - Kaedah-Kaedah Mahkamah Tinggi , A.

Kanun Keseksaan - Seksyen - Rogol - Mangsa bawah umur - Rayuan terhadap sabitan dan hukuman - Hukuman penjara bagi tiga pertuduhan berjalan serentak dari tarikh tangkap - Laporan polis dibuat oleh isteri perayu kerana rasa dendam - Sama ada hakim Mahkamah Sesyen khilaf apabila mengatakan pertuduhan bukan bersandarkan laporan polis isteri perayu - Sama ada pertuduhan adalah hasil siasatan pihak polis - Sama ada mangsa memberi keterangan bersumpah seperti diperuntukkan Akta Sumpah dan Ikrar - Sama ada isu kedaraan mangsa relevan dalam pembuktian kes rogol - Sama ada hukuman patut berjalan secara berasingan Aswan Muhamad lwn.

Prabakaran Peraisamy v. Ambank M Bhd v. Comsa Farms Bhd v. Dibena Enterprise Sdn Bhd v. Peram Ranum Bhd v. Disclosure of documents - Confidential documents - Possession of documents belonging to company not party to action - Whether defendant can be compelled to disclose contents of documents - Whether document can be produced for identification purposes - Rules of the High Court , O.

Discovery - Application for - Discovery and inspection of documents - Whether a person in possession of another's document can be compelled to produce it - Whether documents sought confidential in nature - Whether document can be produced for identification purposes - Rules of the High Court , O.

Discovery - Confidential documents - Whether a person in possession of another's document can be compelled to produce it - Whether documents sought confidential in nature - Whether document can be produced for identification purposes - Rules of the High Court , O.

Documents - Discovery and inspection of documents - Whether a person in possession of another's document can be compelled to produce it - Whether documents sought confidential in nature - Whether document can be produced for identification purposes - Rules of the High Court , O. Originating summons - Filing of - Charge action - Seeking order of court to sell property by way of public auction - Defendant company wound up - Whether plaintiff ought to obtain leave from winding up court before filing originating summons - Plaintiff enforcing remedy under charge - Whether proceeding barred or caught by s.

Striking out - Application for - Want of prosecution - Allegation of - Failure of plaintiff to make reasonable attempts to prosecute action - Whether delay inordinate and inexcusable - Whether there was abuse of court process - Whether action ought to be dismissed Comsa Farms Bhd v.

Dangerous Drugs Act - Section 39B 1 a - Trafficking - Conviction and sentence - Appeal against - Failure of prosecution to call informer as witness - Adverse inference under s. Defence - Evidence - Trafficking in dangerous drugs - Failure to tender defence case during prosecution case - Whether fatal to defence - Whether absence of evidence negated connection of accused to drugs - Whether possession proved by cogent evidence PP v.

Adverse inference - Failure of prosecution to call informer as witnesses - Drug trafficking - Whether adverse inference argument misplaced - Whether informer only played role as introducer and not as agent provocateur - Whether informer protected and could not be called as witness - Whether evidence by agent provocateur sufficient to find accused guilty without need for corroboration - Whether facts showed accused had mens rea possession of drugs - Dangerous Drugs Act , ss.

Income tax - Appeal - Income Tax Act , s. Merchant shipping - Collision - Liability - Owner's claim to limit liability - Vessel's collision with offshore platform caused by dislodged voltage power card controlling pitching of vessel's bow thrusters - Whether damage caused by owner's actual fault or privity - Whether owners failed to supervise proper maintenance of bow thrusters unit - Whether system in place satisfied what was expected of the ordinary reasonable shipowner - Whether standard of maintenance and supervision followed by owners consistent with practices prevailing in industry - Whether owners could limit liability for damage caused under s.

To view previous issues of the CLJ Bulletin, Click here If you no longer wish to receive this email in the future, you may unsubscribe. Articles a Legal Network Series Articles 4. Sarla Vishwanath Agrawal Deepak Verma, Dipak Misra JJ [] 8 CLJ 1 [SC India] CRIMINAL PROCEDURE Defence - Shift in defence - Accused on drug trafficking charge changed stand to contend drugs belonged to co-accused who was acquitted and discharged - Accused during entire prosecution's case maintained drugs belonged to someone else who had escaped - Whether change in stand destroyed accused's credibility and bona fides of defence - Whether accused should have raised issue of ownership of drugs at earliest opportunity when arrested with co-accused, when interrogated or during prosecution's case - Whether accused's conduct at time of arrest showed he knew of drugs in bag Marlan Marpaung v.

Sarla Vishwanath Agrawal Deepak Verma, Dipak Misra JJ [] 8 CLJ 1 [SC India] Family and Personal Laws - Matrimonial proceedings - Subsequent events - Held, events subsequent to filing of divorce petition can be taken into consideration - Publication of notice in newspaper wherein respondent wife had stated that her husband was a womaniser and a drunkard, and allegation of extramarital relationship which she failed to prove, can be taken into consideration while dealing with issue pertaining to "cruelty" in divorce proceedings - Hindu Marriage Act, , s.

Sarla Vishwanath Agrawal Deepak Verma, Dipak Misra JJ [] 8 CLJ 1 [SC India] Family and Personal Laws - Permanent Alimony - Grant of - Factors to be considered - Permanent alimony granted taking into consideration social status, conduct of parties, way of living of spouse and other ancillary aspects - Amount already paid to respondent wife pursuant to interim orders of court to be ignored since respondent wife was bound to spend said amount for maintaining herself - Keeping in view totality of circumstances, social status from which parties came from, and regard being had to business prospects of appellant husband, permanent alimony of Rs 50 lakhs fixed - Hindu Marriage Act, , Section 25 Vishwanath Agrawal v.

Sarla Vishwanath Agrawal Deepak Verma, Dipak Misra JJ [] 8 CLJ 1 [SC India] Hindu Marriage Act, - Section 13 1 i-a - "Cruelty" and "mental cruelty" - Meaning and proof of - Held, "cruelty" has an inseparable nexus with human conduct and is always dependent on social strata or milieu to which parties belong, their ways of life, relationship, temperaments and emotions that are conditioned by their social status - On facts held, conduct of wife in publicising in newspapers that her husband was a womaniser and a drunkard, wild allegations about an extramarital relationship, effort to prosecute him in criminal litigation under ss.

Legal Network Series Articles 1. CIVIL PROCEDURE: Parties - Joinder of parties - Proper parties to be sued, whether - Parties added as defendants were material witnesses for plaintiff - Whether prejudicial and embarrassing to allow them to be added as defendants - Whether plaintiff had cause of action against them - Whether plaintiff entitled to choose which party to sue - Whether plaintiff could be compelled to proceed against others it did not wish to sue - Rules of the High Court , O.

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