Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Possession of goods

Legal area

Court

28 Aug 2023

TOH HAN PENG

Citation

AB-83-558-10/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AB-83-558-10/2020 (Mahkamah Majistret)

Although the seized cigarettes were prohibited import goods, the prosecution failed to prove that the accused had possession or control of those goods or knowledge sufficient to ground criminal liability; therefore the presumption under s135(2) could not be triggered and there was no prima facie case to call the accused to answer.
13 Dec 2021

1. ) ETERNAL WELLNESS SDN BHD (NO. SYARIKAT : 200701040790(798822-A( 2. ) ETERNAL CLINIC SDN BHD (NO. SYARIKAT : 200901028797(871901-A) 1. ) DERRICK NG KENG LIN (NO. SYARIKAT : 941026-10-5201) 2. ) ONG GAIK THIANG (NO. K/P: 601227-02-5354)

Citation

WA-24NCVC-1351-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCVC-1351-07/2021 (Mahkamah Tinggi)

The court dismissed the originating summons because the dispute involved significant disputed facts and contractual terms requiring oral evidence and a full trial; the claim was not sufficiently clear or strong to justify the exceptional remedy of an interlocutory mandatory injunction, and related proceedings were pending, therefore the originating summons was refused without order as to costs.