Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 425 cpc

  • 4 Nov 2025

    ROSMAINI BIN ABDUL RAOF

    Citation
    JA-42H-13-12/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JA-42H-13-12/2024 (Mahkamah Tinggi)

    The trial judge did not err: SP1's in‑court demeanour and testimony were credible; the belated statutory declaration and police report were afterthoughts and contested, did not create reasonably possible alternative hypotheses, and did not break the complete circumstantial chain pointing to the accused; refusal to recall SP1 was a proper exercise of discretion under Section 425 CPC; SP1's testimony was direct evidence and not inadmissible hearsay; alleged investigative defects were immaterial; the 10‑year sentence (with 14 months remand served) was within the appropriate range and not manifes…

  • 27 Sept 2022

    KAMARUDDIN BIN ABD RAHIM [ ]

    Citation
    AA-44-53-08/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AA-44-53-08/2022 (Mahkamah Tinggi)

    Because the Court of Appeal dismissed the stay application, any High Court stay application became academic; the High Court had previously afforded adjournments to enable the accused to seek a stay at appellate level, and further attempts to relitigate the stay in the High Court amounted to an abuse of process; section 100 prevents automatic stay absent appellate order; accordingly the stay application was struck out and the trial continued.