Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Burden of proof (s.103 evidence act)

Legal area

Court

29 Nov 2024

PRABAH A/P OPAKAN

Citation

AC-83-365-07/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AC-83-365-07/2023 (Mahkamah Majistret)

Prosecution proved all essential ingredients of s.420 by credible witness testimony corroborated by transaction images and bank statements showing funds were credited to accused's account on inducement that accused would secure PERKESO ILAT pension; defence explanations were inconsistent and unproven and did not raise reasonable doubt, therefore accused convicted on both counts and sentenced.
17 Jul 2023

PEMIUTANG PENGHAKIMAN YUKONG DEVELOPMENT (PTE) LIMITED PENGHUTANG PENGHAKIMAN NORIZAN BINTI SALIM

Citation

JA-29PB-639-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-29PB-639-09/2022 (Mahkamah Tinggi)

The court held that leave under s.8(1)(a) Insolvency Act 1967 must be granted because Pencelah's claim is within the scope of s.8 and the procedural irregularity of email service did not cause substantial injustice under s.131; complex factual disputes alleged by the debtor (including backdating, duress and solicitor negligence) are matters for determination at a full civil trial and do not bar the grant of leave. Therefore permission to commence the civil action was appropriate and granted, with no order on costs.