Chong weng seng motor

Increased congestion is expected on the roads during peak times, hence those travelling on the roads are encouraged to allow extra travel time. You can reach us through 4 major expressways:. Monday to Saturday: 7am to The Canopy Walk is open daily from 7am to 12 midnight except on public holidays. Look out for the code SB4 to get down at the hospital. Two dedicated parking bays are reserved for the handicapped on each floor.



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TORT: Defamation — Libel — Counsel cross-examined police personnel on allegations of use of violence, abuse and torture on accused persons — Member of Parliament commented in telephone interview on cross-examination carried out by counsel — Comments published in newspaper and broadcasted on television — Whether words uttered defamatory — Whether comments published in newspaper and broadcasted on television defamatory — Whether defence of justification available to Parliament member — Whether defences of reportage, qualified privilege, absolute privilege, fair comment and public interest available to reporter, newspaper and television broadcaster.

Munisvaram Pachaiapan v. Munisvaram Pachaiappan [] 1 LNS CIVIL PROCEDURE : Limitation - Defendant raising defence of time bar against plaintiff's claim - Whether plaintiff's claim time-barred - Claim for liquidated damages for failure to deliver vacant possession - Whether limitation set in - When cause of action accrued - Clause in sale and purchase agreement indicating cause of action accrued on date vacant possession actually taken - Clause introduced into sale and purchase agreement subsequently by way of legislative amendment - When time starts to run - Whether time starts to run on date plaintiffs took vacant possession in or when vacant possession should have been delivered in - Limitation Act , s.

CIVIL PROCEDURE : Striking out - Statement of claim - Action premised upon tort of public misfeasance against chief minister - Defective statement of claim - Statement of claim contained unrelated and irrelevant matters - Evidence and provisions of law were pleaded - Statement of claim meandered to another cause of action - Allegation of public misfeasance which was mind boggling and did not make any sense - Particulars of state of mind not pleaded - Whether allegations in statement of claim frivolous and prejudicial to a fair trial - Whether statement of claim was completely defective - Whether claim ought to be struck out.

TORT : Public misfeasance - Elements to be proven - Allegation of public misfeasance whilst holding public office of chief minister - Whether plaintiff must prove defendants were public officers - Whether chief minister is a public officer. CIVIL PROCEDURE : Pleadings - Amendment - Application for leave to amend - Original claim was that 11th defendant breached sale and purchase agreement - Proposed amendment alleging 11th defendant caused breach of sale and purchase agreement between plaintiffs and defendant - Whether proposed amendment had effect of introducing new cause of action and new issues.

UNDANG-UNDANG JENAYAH : Bunuh - Niat - Tikaman berganda - Tikaman yang kuat dan sangat besar - Kecederaan pada bahagian dada - Kewujudan saksi mata - Tertuduh melarikan diri selepas menikam si mati dan menghilangkan diri selama 5 bulan - Sama ada niat jahat tertuduh boleh dilihat berdasarkan kepada keterangan pakar forensik patalogi - Sama ada punca kematian si mati adalah akibat kesan tikaman berganda di bahagian dada - Sama ada tertuduh mempunyai niat untuk mencederakan dan membunuh si mati - Sama ada tindakan tertuduh yang menghilangkan diri merupakan keterangan ikut keadaan yang kuat dan mencukupi untuk membuktikan kes prima facie terhadap tertuduh.

PROSEDUR JENAYAH : Rayuan - Notis Rayuan - Lanjutan masa - Budibicara mahkamah - Pemfailan notis rayuan di luar had masa - Notis rayuan difailkan lebih kurang 6 bulan dari tarikh hukuman dijatuhkan - Sama ada sebab-sebab kelewatan adalah munasabah - Sama ada alasan bahawa tertuduh telah insaf dan memohon agar hukuman diringankan merupakan alasan kelewatan yang munasabah - Sama ada hukuman yang telah dijatuhkan adalah dalam ruang lingkup yang dibenarkan oleh undang-undang - Sama ada terdapat kelewatan yang melampau.

Kempadang Bersatu Sdn Bhd v. Bennett Subash Peter v. PP lwn. Ong Keh Keong v. Tenaga Nasional Bhd v. Judicial review - Certiorari - Application for - Complaint against advocate and solicitor - Disciplinary proceedings - Disciplinary Committee 'DC' found solicitor guilty of dishonest and fraudulent conduct - Disciplinary Board 'DB' concurred with DC's findings on liability but disagreed with recommendation of punishment - DB issued notice to solicitor pursuant to s.

Discovery - Application for - Application for discovery of documents - Seeking disclosure of certain documents - Whether documents fell within ambit of s. Judicial review - Application for - Application to quash decision ruling by presiding officer - Employees lodged complaint with Director-General of Labour 'DGL' over employer's failure to pay overtime wages and reimburse deductions made - DGL issued compliance notice to employer, directing employer to pay overtime wages and reimburse deductions made to commissions and allowances - Presiding officer proceeded with summons - Whether presiding officer erred in law - Whether presiding officer acted within jurisdiction in proceeding with full hearing of summons - Whether presiding officer made ruling or decision - Whether decision final - Whether amenable to judicial review - Employment Act , s.

Judicial review - Challenge against decision of Industrial Court - Employee dismissed by employer during probation period - No misconduct committed by employee - Industrial Court held employee dismissed without just cause and excuse - High Court quashed decision of Industrial Court - Whether decision of Industrial Court suffered from illegality, irrationality, procedural impropriety, disproportionality and unreasonableness - Whether warranted quashing by High Court Bennett Subash Peter v.

Dismissal - Dismissal during probation - Employee dismissed by employer during probation period - No misconduct committed by employee - Industrial Court held employee dismissed without just cause and excuse - Whether decision of Industrial Court supported by relevant evidence, material facts and laws Bennett Subash Peter v.

Employment - Dismissal - Employee dismissed by employer during probation period - No misconduct committed by employee - Whether employer disclosed valid and bona fide reasons for dismissal - Whether employee dismissed with just cause and excuse Bennett Subash Peter v.

Judicial review - Procedural impropriety - Employees lodged complaint with Director-General of Labour 'DGL' over employer's failure to pay overtime wages and reimburse deductions made - DGL issued compliance notice to employer to pay overtime wages and reimburse deductions made to commissions and allowances - Whether Employment Act provides for issuance of compliance notice - Whether DGL pre-judged issue by issuing compliance notice - Whether compliance notice had binding effect - Whether summons illegal and tainted FFM Marketing Sdn Bhd v.

Complaint against advocate and solicitor - Disciplinary proceedings - Disciplinary Committee 'DC' found solicitor guilty of dishonest and fraudulent conduct - Disciplinary Board 'DB' concurred with DC's findings on liability but disagreed with recommendation of punishment - DB issued notice to solicitor pursuant to s. Negligence - Duty of care - Damages to plaintiff's underground oil-filled cable by developer - Contractual and statutory duty of care - Whether developer and contractors owed duty of care to ensure works envisaged under contract conducted in proper manner so as not to damage cable - Whether developer negligent in carrying out pipe works - Whether developer owed non-delegable duty of care - Whether damages foreseeable or too remote Tenaga Nasional Bhd v.

Negligence - Res ipsa loquitor - Requirements - Whether fulfilled - Whether damages would not have happened without negligence - Whether damages caused by something under sole management and control of defendant - Whether exact cause of damages known - Whether alternative proposition and alternative cause of damages sufficiently displaced inference of negligence Tenaga Nasional Bhd v.

Kanun Keseksaan - Seksyen - Membunuh - Kualiti pengecaman - Sama ada terdapat keterangan kukuh tentang ketetapan tertuduh sebagai penyerang dan penembak yang menyebabkan kematian si mati - Keterangan balistik saintifik bahawa pistol yang dirampas daripada tertuduh ialah pistol sama yang digunakan semasa kejadian - Sama ada dicabar - Sama ada terdapat kelompangan atau kelemahan dalam kes pendakwaan - Sama ada sabitan selamat PP lwn.

Kanun Keseksaan - Seksyen - Cubaan membunuh - Kualiti pengecaman - Sama ada terdapat keterangan kukuh tentang ketetapan tertuduh sebagai penyerang dan penembak yang mencederakan mangsa-mangsa - Keterangan balistik saintifik bahawa pistol yang dirampas oleh tertuduh ialah pistol sama yang digunakan semasa kejadian - Sama ada dicabar - Sama ada terdapat kelompangan atau kelemahan dalam kes pendakwaan - Hukuman - Sama ada hukuman mati harus diketepikan dan diganti dengan hukuman pemenjaraan 15 tahun untuk setiap pertuduhan PP lwn.

Loo Chooi Gaik v. Hormat Mulia Holdings Sdn Bhd v. Malaysian Trustees Bhd v. Neptune Aviation Ltd v. Service - Personal service - Application for an order to dispense with personal service of interim injunction order - Attempts made to personally serve copy of sealed interim injunction on first defendant unsuccessful - Copy of interim injunction order left at first defendant's address - Whether first defendant had knowledge of interim injunction order - Whether plaintiff could apply for such order prior to commencement of enforcement proceedings - Whether court ought to exercise its discretion to dispense with personal service of order - Rules of Court , O.

Service - Writ of summons - Whether regular - Burden of proof - Whether plaintiff discharged burden on balance of probabilities - Whether service effected at address provided by defendant - Whether service regular - Rules of Court , O. Trial - Submission of no case to answer - Medical negligence - Facial cosmetic operation - Plaintiff suffered from nosomical infection of skin complications after procedure at defendant's clinic - Defendant elected to submit no case to answer - Whether plaintiff's evidence ought to be assumed to be true in absence of evidence from defendant - Whether plaintiff established breach of duty - Doctrine of res ipsa loquitor - Whether applicable - Whether causation established - Whether plaintiff proved case on balance of probabilities Loo Chooi Gaik v.

Assessment - Appeal against - 'One-third rule' - Medical costs and expenses incurred in private hospital - Test of reasonableness - Whether treatment required and expertise needed available at government hospitals - Whether claimant entitled to recover full sum of private healthcare expenses Muhammad Yassein Zuliskandar A Child Suing Through His Father And Next Friend; Zuliskandar Md Pechor v. Assessment - Medical negligence - Quantum of damages - Costs for disabled - Friendly vehicles - Whether sums awarded appropriate - Whether claim for pain and suffering for future surgery justified - Whether court considered additional costs of holidays - Whether plaintiff able to travel unassisted but for disability Muhammad Yassein Zuliskandar A Child Suing Through His Father And Next Friend; Zuliskandar Md Pechor v.

Motor insurance - Liability - Liability of insurer - Motor-lorry driven by deceased damaged and could not be driven - Deceased told by employer to wait at location - Employer arranged for deceased to be picked up by driver of motor-lorry owned by sister company - Motor-lorry owned by sister company collided with another motor-lorry - Deceased died due to serious injuries - Whether motor vehicle policy of insurance valid and enforceable - Whether deceased fell within scope of passenger cover under insurance policy - Whether insurer liable MSIG Insurance Malaysia Bhd v.

Motor insurance - Policy - Interpretation of policy - Motor-lorry driven by deceased damaged and could not be driven - Deceased told by employer to wait at location - Employer arranged for deceased to be picked up by driver of motor-lorry owned by sister company - Motor-lorry owned by sister company collided with another motor-lorry - Deceased died due to serious injuries - Whether deceased travelling as passenger in insured motor-lorry - Whether deceased died while being carried in or on insured motor-lorry by reason of or in pursuant of deceased's contract of employment - Whether motor vehicle policy of insurance valid and enforceable - Whether deceased fell within scope of passenger cover under insurance policy - Whether insurer liable MSIG Insurance Malaysia Bhd v.

Sale of land - Order for sale - Land charged as security for payment - Whether chargee may enforce charge simultaneously with right to recover debt due from chargor - Whether charge agreement breached - Failure to remedy breach within time stipulated - Whether chargee entitled to apply for sale of land - National Land Code, s. Accident - Liability - Liability of insurer - Motor-lorry driven by deceased damaged and could not be driven - Deceased told by employer to wait at location - Employer arranged for deceased to be picked up by driver of motor-lorry owned by sister company - Motor-lorry owned by sister company collided with another motor-lorry - Deceased died due to serious injuries - Whether motor vehicle policy of insurance valid and enforceable - Whether deceased fell within scope of passenger cover under insurance policy - Road Transport Act , s.

Defamation - Winding-up petition - Petition advertised in two local newspapers and gazetted - Whether defamatory of company - Whether wording of advertisements lowered company in estimation of right thinking members of public - Whether company exposed to hatred, ridicule or contempt - Defence of qualified privilege - Whether advertisement of petition upon occasion of absolute privilege - Whether action in defamation must fail Hormat Mulia Holdings Sdn Bhd v. Negligence - Duty of care - Winding-up petition - Petition presented by mistake and wrongly advertised in two local newspapers and gazetted - Whether first defendant negligent in filing petition and in advertising it - Whether first defendant owed a duty of care to company - Whether just and reasonable to impose duty of care between litigants - Whether company proved it had suffered damages due to petition being presented or advertised - Whether action in negligence could be sustained Hormat Mulia Holdings Sdn Bhd v.

Negligence - Medical negligence - Facial cosmetic operation - Plaintiff suffered from nosomical infection of skin complications after procedure at defendant's clinic - Defendant elected to submit no case to answer - Whether plaintiff's evidence ought to be assumed to be true in absence of evidence from defendant - Whether plaintiff established breach of duty - Doctrine of res ipsa loquitor - Whether applicable - Whether causation established - Whether plaintiff proved case on balance of probabilities Loo Chooi Gaik v.

Electric - Loss of revenue - Claim for - Whether registered consumer liable regardless of whether premises rented to third party - Whether registered consumer's obligation to notify change of premise address - Undertaking by third party to pay on behalf of registered consumer - Whether binding - Whether failure to pay amounted to breach of undertaking - Whether person giving undertaking liable to pay Tenaga Nasional Bhd v.

The lexical meaning of, "Corroboration" is to support or enhance the believability of a fact or assertion by the presentation of additional information that confirms the truthfulness of the facts.

In certain cases, however, there may be a need for witnesses to be supported by other evidence. Saravanabavan Mathialagan [ii] Lahveenya Panchalingam [iii]. This article will discuss the nature of a Constitution, written and unwritten. Malaysia has a codified constitution whilst the UK does not and many of its basic principles may differ from the Malaysian view.

Noting that Malaysia and all its commonwealth partners had inherited its constitutional principles from the UK, there are traits that are universal and some that are not. This piece seeks to explore the position in the UK and Malaysia. It is an in depth discussion on both the different types of systems and to weigh the advantages and disadvantages of the different systems. References will be made to the flexibility of the British Constitution and the certainty of the Malaysian Constitution.

There will also be references made to the Indian Constitution and a general highlight of the good and bad within these nations. B Hons Cardiff , LL. M Malaya , Ph. B Hons. London , LL. To view previous issues of the CLJ Bulletin, Click here If you no longer wish to receive this email in the future, you may unsubscribe. Back to Top Print this page. B Hons London , LL. Print this page. PP PROSEDUR JENAYAH : Rayuan - Notis Rayuan - Lanjutan masa - Budibicara mahkamah - Pemfailan notis rayuan di luar had masa - Notis rayuan difailkan lebih kurang 6 bulan dari tarikh hukuman dijatuhkan - Sama ada sebab-sebab kelewatan adalah munasabah - Sama ada alasan bahawa tertuduh telah insaf dan memohon agar hukuman diringankan merupakan alasan kelewatan yang munasabah - Sama ada hukuman yang telah dijatuhkan adalah dalam ruang lingkup yang dibenarkan oleh undang-undang - Sama ada terdapat kelewatan yang melampau Bagi pihak pemohon-pemohon - Hadir Sendiri Bagi pihak responden - Siti Hajar Mustaffa, Timbalan Pendakwaraya.

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