22 Jan 2020
1. SYED SHAHARUL BIN MOHAMED NASIR (NRIC. No.: 950126-10-6273) 2. MAYBANK ISLAMIC BERHAD (Co. No.: 787835-M) 1. PENTADIBIR TANAH DAERAH KELANG 2. KERAJAAN NEGERI SELANGOR
- Citation
- BA-25-60-10/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-25-60-10/2018 (Mahkamah Tinggi)
The court held that the word "Malay" in s 8(i) MRE is governed by the definition in s 2 MRE; the first applicant is a Malay for the purposes of MRE because the birth certificate records Malay race and father as Malay and s 33 BDRA gives such entries evidentiary weight; JPN's letter cannot alter the register absent correction under s 27 BDRA; s 8(i) MRE does not preclude registration of a charge in favour of a licensed Islamic bank in the circumstances; the registrar's refusal was illegal and mandamus was appropriate to compel registration of Forms 14A and 16A.