26 Sept 2025
1. ) HARIS FADZILAH BIN ABU BAKAR 2. ) NORYATI BINTI ABU BAKAR
- Citation
- J-06A(LB)-17-11/2023 (Mahkamah Rayuan)
- Court
- LB
- Case number
- J-06A(LB)-17-11/2023 (Mahkamah Rayuan)
The Court held that it may strike out appeals under the inherent power to prevent abuse of process where notices cannot be served and there is no prospect of hearing; it may subsequently reinstate such appeals under its inherent power to prevent injustice read with r 1A RCA when the respondent is traced; once reinstated the Court lawfully exercised its discretion under s 56A CJA to issue a warrant and to grant bail. The Court relied on the rebuttable presumption under s 114(e) EA that judicial acts (issuance of the warrant) were regularly performed and exercised its discretion to grant bail o…