AKTA PENCEGAHAN RASUAH 1961 PDF

Feel free to forward this to your colleagues. PP lwn. To view a sample of the Sessions and Magistrates' Cases journal, click here. For product enquiries, contact priority cljlaw. CONTRACT: Breach - Damages - Breach of confidential information - Claim for general and special damages arising from breach - Plaintiff alleged defendant's scheme similar to plaintiff's scheme - Whether scheme launched by defendant was developed using plaintiff's information - Whether there was breach of confidential information. CONTRACT: Rescission - No breach to justify rescission - Joint venture agreement - Damages - Whether there was any breach to justify rescission of joint venture agreement - Whether expenses and losses incurred for entering into and undertaking joint venture agreement can be claimed upon rescission of joint venture agreement.

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Feel free to forward this to your colleagues. PP lwn. To view a sample of the Sessions and Magistrates' Cases journal, click here. For product enquiries, contact priority cljlaw. CONTRACT: Breach - Damages - Breach of confidential information - Claim for general and special damages arising from breach - Plaintiff alleged defendant's scheme similar to plaintiff's scheme - Whether scheme launched by defendant was developed using plaintiff's information - Whether there was breach of confidential information.

CONTRACT: Rescission - No breach to justify rescission - Joint venture agreement - Damages - Whether there was any breach to justify rescission of joint venture agreement - Whether expenses and losses incurred for entering into and undertaking joint venture agreement can be claimed upon rescission of joint venture agreement. CONTRACT: Formation - Valid and binding agreement - Joint venture agreement executed by a bankrupt as employee of a company - Whether agreement entered by a bankrupt as an employee of a company is valid and binding.

COMPANY LAW: Separate legal entity - Lifting of corporate veil - Interest of justice - Special circumstances - Sole proprietorship - Director acting as alter ego of company - Whether corporate veil ought to be lifted in interest of justice - Whether director should be treated as one and same as company.

TRUSTS: Breach of trust - Identification of trust property - Whether there could be a breach of trust when a trust created was in contravention of statute. Khoo Teng Chye v. Roslan Hanapi v. Global Upline Sdn Bhd v. Kerajaan Malaysia Civil Procedure - Government proceedings - Whether proper to suspend judgment debt under proviso to s. Rokiah Mhd Noor v. Judicial review - Application for - Applicants co-authored letter that caused negative impression on Companies Commission of Malaysia - Disciplinary proceedings - Dismissal and demotion - Whether disciplinary proceedings conducted erroneously - Whether proper investigations carried out against applicants - Whether appropriate punishment meted out - Whether standard, burden and procedure in court should be similarly applied for a disciplinary action Rokiah Mhd Noor v.

Execution - Judgment - Monetary judgment against government - Application to set aside order of suspension - Application for certificate under s. Government proceedings - Monetary judgment against government - Application to set aside order of suspension - Application for certificate under s.

Proceedings - Defamation suit - Defence - Reliance on facts in criminal case to support defences - Whether judgment in criminal case could be used as proof of fact in civil case - Whether judgment in another proceeding relevant to present civil proceeding - Evidence Act , s.

Dangerous Drugs Act - Section 39B 1 a - Trafficking in heroin - Custody and control - Proximity to bag containing drugs per se - Whether accused had animus possidendi of drugs - Whether could attract presumption of knowledge under s. Firearms Increased Penalties Act - Section 5 - Having firearm while committing scheduled offence - Ingredients - Serviceability of firearm - Armourer's report - Failure to call armourer to tender report as exhibit - Whether serviceability of firearm not proved - Whether fatal Roslan Hanapi v.

Charge - Defective charge - Charge incorporating two elements of actus reus - Whether rendered charge defective - Whether accused persons misled or prejudiced - Whether miscarriage of justice occasioned - Whether curable under s. Mens rea - Trafficking in dangerous drugs - Weight exceeded statutory minimum requirement - Whether raised irresistible inference that drugs intended for trafficking PP v.

Exhibits - Break in chain of evidence - Recovery of drugs in two separate situations - Whether there was break in chain of evidence PP v. Presumption - Drug trafficking - Presumption under s. Proof - Carrying firearm while committing scheduled offence - Firearms Increased Penalties Act , s. Proof - Common intention - Dangerous drugs, trafficking in - All accused had access to bag containing dangerous drugs - Whether access per se could warrant finding of common intention - Whether finding flawed - Whether a misdirection Roslan Hanapi v.

Relevancy - Drug trafficking - Motive - Knowledge - Conduct of accused at time of arrest - Whether admissible to show accused had requisite knowledge of dangerous drugs - Evidence Act , s. Transfer - Void instruments - Wrongful and illegal transfer of land - Forged instruments - Property wrongfully and illegally sold to initial purchasers and transferred to another and was charged to bank - Default in repayment of loan - Property auctioned and sold again - Claim against initial purchasers of land by administrator of property in capacity as original proprietor - Whether registration of names of initial purchasers defeasible - Allegation that property no longer registered in names of initial purchasers - Whether s.

Conspiracy to injure - Elements of - Conduct of parties - Whether defendants conspired against plaintiff - Whether caused loss to plaintiff by way of deceit - Whether plaintiff suffered loss Khoo Teng Chye v.

Defamation - Defence - Justification, qualified privilege and fair comment - Applicability of s. Defamation - Defence - Justification, qualified privilege and fair comment - Reliance on facts in criminal case to support defences - Whether plea in impugned paragraphs of defendants' statements of defences contravened s.

Defamation - Proceedings - Defence - Justification, qualified privilege and fair comment - Reliance on facts in criminal case to support defences - Whether conviction for criminal offence relevant as evidence of bad character - Whether only evidence of general reputation and disposition admissible to prove character of person - Evidence Act , ss. 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 Legal Network Series Article s 4. Kerajaan Malaysia S Nantha Balan JC [] 6 CLJ [HC] Proceedings - Defamation suit - Defence - Reliance on facts in criminal case to support defences - Whether judgment in criminal case could be used as proof of fact in civil case - Whether judgment in another proceeding relevant to present civil proceeding - Evidence Act , s.

Mohd Rosidi Mat Amin Collin Lawrence Sequerah JC [] 6 CLJ [HC] LAND LAW Transfer - Void instruments - Wrongful and illegal transfer of land - Forged instruments - Property wrongfully and illegally sold to initial purchasers and transferred to another and was charged to bank - Default in repayment of loan - Property auctioned and sold again - Claim against initial purchasers of land by administrator of property in capacity as original proprietor - Whether registration of names of initial purchasers defeasible - Allegation that property no longer registered in names of initial purchasers - Whether s.

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Akta pencegah rasuah 1961 (Akta 57) (pada lhb September 1985)

Dealing with, using, holding, receiving or concealing gratification or advantage in relation to any offence. Making of statement which is false or intended to mislead, etc. An Act to establish the Anti-Corruption Agency, to make further and better provisions for the prevention of corruption and for matters necessary thereto or connected therewith. Appointment of other officers of the Agency 4. General or any other officer of the Agency superior to him in rank, and shall exercise his powers, perform his functions, and discharge his duties in compliance with such directions or instructions as may be specified orally or in writing by the Director General or any other officer of the Agency superior to him in rank. Production of authority card 5.

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