Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Transfer to high court

Legal area

Court

14 Sept 2023

1. ) PING HIOW YEW 2. ) ZHANG XUELIAN 1. ) 1.JABATAN KEBAJIKAN MASYARAKAT 2. ) XXXX

Citation

BB-58-41-08/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BB-58-41-08/2023 (Mahkamah Sesyen)

The Session Court dismissed the application because it was defectively pleaded under an incorrect statutory instrument, procedurally irregular and incomplete, contained material factual inconsistencies (including contradictory affidavits and existence of a Chinese adoption certificate), lacked requisite consent from biological parents and raised residency and jurisdictional issues; further, the recognition of a foreign adoption and related legal questions are substantial and more appropriately determined by the High Court. JKM's objections were justified given its statutory remit to Malaysian…
24 Jul 2020

1.RAVIKUMAR A/L KRISHNAN 2. SUTHA A/P SUBRAMANIAM PENDAKWARAYA

Citation

BA-43-20-06/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-43-20-06/2020 (Mahkamah Tinggi)

The review application is dismissed because the magistrate correctly refused to transfer the case immediately: prosecutorial consent under s39B DDA is required before transmission and in its absence the case is not fit for transmission; awaiting chemist reports and fixing a mention date within three months did not constitute inordinate delay.