Malaysia Case Law: Decisions & Judgments

Topic

Adverse inference (s114(g))

Legal area

Court

29 Apr 2026

OMAR HAMZAH BIN KHALIT

Citation

DI-62JS-1-03/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

DI-62JS-1-03/2021 (Mahkamah Sesyen)

Court convicted because forensic evidence (P25) established accused's semen on the victim's clothing and medical evidence (P9) showed a fresh hymen tear consistent with recent penetration; notwithstanding some inconsistencies in witness statements, the totality of forensic and medical evidence and the inability of the defence to raise reasonable doubt led the court to find the prosecution proved the offence beyond reasonable doubt and to reject the alibi/denial.
3 Apr 2026

1. ) TAN CHERK YIK 2. ) TAN KIM TIONG SIN YAP EXCAVATING & BUILDING WORKS

Citation

JA-12BNCC-11-08/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12BNCC-11-08/2025 (Mahkamah Tinggi)

The High Court held the 27.08.2019 agreement was admissible and binding as it was executed in counterparts and exchanged by email (s62 Evidence Act) and properly admitted under the court's discretion (s73A(2)(b)); the trial judge's factual finding that the plaintiff completed works at Felda Pasir Raja was not plainly wrong given the direct, consistent testimony of the site manager and the defendants' failure to produce payment evidence or call key witnesses; the Ayer Hitam claim failed because the material facts supporting a separate oral contract were not pleaded and the plaintiff could not…
25 Apr 2024

SYED AMINUDIN BIN SYED ALI yang berniaga di bawah nama dan gaya AMZA WAWASAN ENTERPRISE PERBADANAN KEMAJUAN EKONOMI NEGERI PERLIS (PKENPs)

Citation

RA-22C-1-10/2021 (Mahkamah Tinggi)
Court

High Court
Case number

RA-22C-1-10/2021 (Mahkamah Tinggi)

On the balance of probabilities the court found the plaintiff submitted a forged bank statement and acted with unclean hands; accordingly the SST and Contract were void ab initio, the plaintiff's claims were dismissed, and the defendant's counterclaim succeeded for declarations, repayment of interim payments of RM1,449,941.91 and additional costs of RM2,949,182.28; termination and remedial notices were lawful and costs of RM10,000 awarded to defendant.

Malaysia Case Law

OMAR HAMZAH BIN KHALIT

1. ) TAN CHERK YIK 2. ) TAN KIM TIONG SIN YAP EXCAVATING & BUILDING WORKS

SYED AMINUDIN BIN SYED ALI yang berniaga di bawah nama dan gaya AMZA WAWASAN ENTERPRISE PERBADANAN KEMAJUAN EKONOMI NEGERI PERLIS (PKENPs)