Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Interaction of cpc and rcupa
  • 17 Jun 2022

    [ ] AZFAIZ BIN JAMIL

    Citation
    J-09-168-05/2021 (Mahkamah Rayuan)
    Court
    Court of Appeal
    Case number
    J-09-168-05/2021 (Mahkamah Rayuan)

    The Court concluded that s.400 CPC expressly permits proof of previous convictions by an extract certified by the officer having custody of the court records; SP2, as Registrar of the Subordinate Court who produced sealed Orders from the Court Management System, was such an officer and her certified extracts (P7(a) and P7(b)) proved two prior convictions under s.15(1)(a) DDA. RCUPA does not exclude the alternative mode in s.400 (its registers are an additional mode) and there is no conflict because s.400 expressly operates "in addition to any other mode provided by any law for the time being…