Lai Hen Beng v Public Prosecutor [2024] 1 AMR 249, FC

Constitutional law – Courts – Federal Court – Constitutional reference – Determination of constitutionality of s 498 of the Penal Code ("the PC") – Challenge raised on ground that s 498 of the PC unfairly discriminated against women in violation of Article 8(1) and (2) of the Federal Constitution ("FC") – Whether s 498 of the PC unconstitutional – Whether s 498 of the PC pre-Merdeka or "existing" law under Article 162 of the FC – Effect of s 498 of the PC declared unconstitutional – Whether s 498 of the PC should be judicially adapted, amended or repealed – Courts of Judicature Act 1964, ss 30, 84, 84(3), 85(2) – Criminal Procedure Code, s 132 – Federal Constitution, Articles 8(1), (2), 162, 162(6), (7) – Penal Code, s 498

Constitutional law – Legislation – Constitutionality of – Determination of constitutionality of s 498 of the Penal Code ("the PC") – Challenge raised on ground that s 498 of the PC unfairly discriminated against women in violation of Article 8(1) and (2) of the Federal Constitution ("FC") – Whether s 498 of the PC unconstitutional – Whether s 498 of the PC pre-Merdeka or "existing" law under Article 162 of the FC – Effect of s 498 of the PC declared unconstitutional – Whether s 498 of the PC should be judicially adapted, amended or repealed – Courts of Judicature Act 1964, ss 30, 84, 84(3), 85(2) – Criminal Procedure Code, s 132 – Federal Constitution, Articles 8(1), (2), 162, 162(6), (7) – Penal Code, s 498

Bagan Hasrat Sdn Bhd v Suresh Kumar a/l Ramachandren [2024] 1 AMR 277, HC

Civil procedure – Recovery of money – Friendly loan – Disputes on friendly loan allegedly entered between parties – Whether purported loan money received by borrower – Whether lender carrying on moneylending business and licensed to give out loans or friendly loans – Whether loan legal – Whether admission of debt signed – Whether signature forged – Whether disbursement of money successfully proved – Evidence Act 1950, ss 101, 102

Contract – Agreements – Loan agreement – Recovery – Disputes on friendly loan allegedly entered between parties – Whether purported loan money received by borrower – Whether lender carrying on moneylending business and licensed to give out loans or friendly loans – Whether loan legal – Whether admission of debt signed – Whether signature forged – Whether disbursement of money successfully proved – Evidence Act 1950, ss 101, 102

Looh Keo @ Looh Lim Teng v Looh Chee Peng & 13 Ors [2024] 1 AMR 295, HC

Trust and trustees – Presumption of trust – Constructive and resulting trust – Father sought return of shares in companies registered in names of children allegedly held on trust for him – Children presently control companies at board and/or shareholder level – Whether constructive or resulting trust existed – Whether father intended to give shares to children – Whether children paid for shares transferred or allotted to them – Whether presumption of advancement arose – Whether rebutted – Whether there was fraudulent conduct by children – Whether shares ought to be returned to father – Whether exemplary and/or aggravated damages ought to be awarded – Evidence Act 1950, s 114(d)

Musa bin Matal v Ng Siew Hiang Pengerusi Lembaga Tatatertib Polis Diraja Malaysia & 2 Ors [2024] 1 AMR 348, HC

Administrative law – Remedies – Judicial review – Dismissal from service on charge of insubordination – Whether delay in instituting charge amounted to condonation of offence – Whether absence of oral hearing rendered dismissal invalid – Whether decision suffered from procedural impropriety – Whether there was denial of natural justice – Whether decision in contravention of Public Officers (Conduct and Discipline) Regulations 1993 – Whether decision liable to be set aside – Instrument of Delegation of Certain Functions, Powers, Duties and Responsibilities 2000 – Public Officers (Conduct and Discipline) Regulations 1993, regs 30, 35(1)(b), 37(2), (4)