Malaysia Case Law: Decisions & Judgments

Topic

Forgery of documents

Legal area

Court

20 Feb 2025

MOHD NOOR IZZUDDIN BIN JAMALUDDIN

Citation

AC-61-2-02/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AC-61-2-02/2021 (Mahkamah Sesyen)

The court found the prosecution proved a prima facie case and on the whole of evidence beyond reasonable doubt: P1A was a printed, unnumbered minute not authored or acknowledged by SP8, SP8 was verifiably absent on the date, custody and access pointed to the accused as the officer responsible and the accused's explanations were unpersuasive; intent to deceive SP2 was established when the accused told SP2 the minute existed and was authoritative. Conviction under Section 463 was therefore upheld and a custodial sentence of 10 months imposed.
3 Jan 2025

PAKIAM A/P KULAN SARADHA A/P KANNAN

Citation

BA-22NCvC-441-10/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-441-10/2023 (Mahkamah Tinggi)

Plaintiff proved ownership and credible narrative; Defendant failed to prove a valid chain of title from Krishnan, failed to call or account for key witnesses or documentary proof of payment, and failed to rebut Plaintiff's title; consequently Defendant is a trespasser and must vacate, remove structures, pay nominal damages, interest and costs.
30 Mar 2023

1. ) Ooi Cheng Huat @ Ooi Peng Huat (Menyaman Atas Namanya Sendiri Dan Sebagai Wasi Dan Pemegang Amanah Harta Pusaka Linda Patricia Lim Sooi Hong, Si Mati) 2. ) Bryan Patrick Ooi Sze-yuen 3. ) Shawn Philip Ooi Sze- Yew Sime Darby Property (

Citation

BA-22C-43-10/2017 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22C-43-10/2017 (Mahkamah Tinggi)

Plaintiffs proved on balance that disputed signatures on certain DRFs/FFs were forged and thus those documents did not bind them; defendant failed to show reg 11(1B) HDR applied so statutory SPAs (including Schedule I) govern two sales and 'as is where is' clause cannot be enforced; Home Owners Manual cannot vary or exclude statutory SPA obligations; handwriting expert evidence is admissible but court must inspect originals and may reject expert opinion lacking originals; expert report non‑compliance with O40A affects weight not automatic exclusion; defendant liable for defects in air‑conditi…
22 Feb 2023

OCEAN SUCCESS (MALAYSIA) SDN. BHD. 1. ) XXXX 2. ) MUHAMAD HAIRIL BIN SABTU 3. ) SITI FARHAIN BINTI MOHD HAFIL 4. ) MOHD FIKRI AL BAHARI BIN MD DAUD

Citation

BA-22NCvC-147-03/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-147-03/2018 (Mahkamah Tinggi)

Court held an oral employment contract existed and an implied duty of good faith and fidelity was owed; evidence proved defendants performed work for other companies and received remuneration during employment, breaching their duty in that respect, but plaintiff failed to prove defendants diverted the VIKING contract or caused the plaintiff's loss of that contract; consequential loss claims therefore not established; nominal damages awarded.
24 Jan 2022

1. ) Makhtar Bin Mat 2. ) Hasbullah Bin Mat 3. ) Che Ghani Bin Mohamad Zariah Binti Muhamad

Citation

DA-22NCvC-6-01/2018 (Mahkamah Tinggi)
Court

High Court
Case number

DA-22NCvC-6-01/2018 (Mahkamah Tinggi)

On the balance of probabilities the court accepted the fingerprint expert's court‑ordered comparison (P1) that the thumbprints on P2 and P3 were not those of the deceased but matched a different person; P2 and P3 are therefore forged, the transfers effected by them are void, indefeasibility under s340 is defeated, plaintiffs as beneficiaries have equitable interest and locus standi to seek declaratory reliefs, and an adverse inference under s114 was warranted for failure to call the material witness; consequential reliefs and costs were granted.
27 Jul 2020

CAUSEWAY IRON WORKS SDN. BHD. (Co. No.: 601677-D) 1. SANKI-KIGYO CONSTRUCTION SDN. BHD. (Co. No.: 382777-W) 2. TECGATES ENGINEERING (M) SDN. BHD. (Co. No.: 254230-H)

Citation

BA-22C-9-01/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22C-9-01/2019 (Mahkamah Tinggi)

The strike out application was dismissed because the court, having assumed the SOC true for the purposes of O 18 r 19, found the Plaintiff raised at least one triable issue on negligence and conspiracy supported by expert handwriting opinion and police reports challenging the authenticity of key documents; absent a plain and obvious case or convincing rebuttal, the court declined the discretionary power to strike out and ordered the application dismissed with costs.

Malaysia Case Law

MOHD NOOR IZZUDDIN BIN JAMALUDDIN

PAKIAM A/P KULAN SARADHA A/P KANNAN

1. ) Ooi Cheng Huat @ Ooi Peng Huat (Menyaman Atas Namanya Sendiri Dan Sebagai Wasi Dan Pemegang Amanah Harta Pusaka Linda Patricia Lim Sooi Hong, Si Mati) 2. ) Bryan Patrick Ooi Sze-yuen 3. ) Shawn Philip Ooi Sze- Yew Sime Darby Property (

OCEAN SUCCESS (MALAYSIA) SDN. BHD. 1. ) XXXX 2. ) MUHAMAD HAIRIL BIN SABTU 3. ) SITI FARHAIN BINTI MOHD HAFIL 4. ) MOHD FIKRI AL BAHARI BIN MD DAUD

1. ) Makhtar Bin Mat 2. ) Hasbullah Bin Mat 3. ) Che Ghani Bin Mohamad Zariah Binti Muhamad

CAUSEWAY IRON WORKS SDN. BHD. (Co. No.: 601677-D) 1. SANKI-KIGYO CONSTRUCTION SDN. BHD. (Co. No.: 382777-W) 2. TECGATES ENGINEERING (M) SDN. BHD. (Co. No.: 254230-H)