Keretapi Tanah Melayu Berhad v Mohan a/l Vythialingam & Anor (and Another Appeal) [2023] 5 AMR 233, CA

Contract – Breach – Employment contract – Permanent employee of company assigned and reassigned to "acting" positions before returning to original position – High Court affirmed Industrial Court's award in favour of employee – Whether employer's conduct breached fundamental term of employee's contract of employment – Whether reassignment required valid justification – Whether employee entitled to claim constructive dismissal – Whether employee's reassignment was due to union complaints – Whether employee in acting role has similar rights to probationers – Whether appeals ought to be allowed – Employment Act 1955, s 13(2) – Industrial Relations Act 1967, s 20(3)

Labour law – Employment – Constructive dismissal – Permanent employee of company assigned and reassigned to "acting" positions before returning to original position – High Court affirmed Industrial Court's award in favour of employee – Whether employer's conduct breached fundamental term of employee's contract of employment – Whether reassignment required valid justification – Whether employee entitled to claim constructive dismissal – Whether employee's reassignment was due to union complaints – Whether employee in acting role has similar rights to probationers – Whether appeals ought to be allowed – Employment Act 1955, s 13(2) – Industrial Relations Act 1967, s 20(3)

Ahmad Faisal bin Abdul Karim v Mohd Radzi bin Md Jidin [2023] 5 AMR 256, HC

Elections – Election petition – Avoidance of election – Allegation of corrupt practice and bribery by Member of Parliament for expending money or valuable consideration to electors or voter to induce them to vote for him or refrain from voting for other candidates – Whether alleged money expended before or after general election – Whether fell within s 10(e) of the Election Offences Act 1954 (“the Act”) – Whether sufficient facts of alleged bribery under s 10(a) or (c) of the Act pleaded – Whether petition complied with rule 4(1)(b) of the Election Petition Rules 1954 – Election Offences Act 1954, ss 10(a), (c), (e), 32(c), 38(1) – Election Petition Rules 1954, rules 4(1)(b), 9 – Stamp Act 1949, First Schedule

Revenue law – Stamp duty – Instruments chargeable with duty – Whether Notice of Appointment of Advocates an instrument chargeable with stamp duty under the Stamp Act 1949 – Whether fell within definition of "agreement or memorandum of agreement", "deed", or "power or letter of attorney" in the First Schedule – Whether ought to be stamped as required by rule 9 of the Election Petition Rules 1954 – Whether court could enable Collector of Stamp Duty to collect duties for such notice – Election Petition Rules 1954, rules 4(1)(b), 9 – Stamp Act 1949, First Schedule

Ang Yue Suien v Timbalan Menteri Dalam Negeri Malaysia & 3 Ors [2023] 5 AMR 280, HC

Criminal procedure – Habeas corpus – Application for – Detention order ("DO") issued by minister post dissolution of Parliament – Non-service of detainee's statement under s 14 of the Act despite request by detainee's counsel – Whether DO valid as Parliament dissolved and Minister of Home Affairs was without power – Whether non-service of detainee's statements violated principles of natural justice – Dangerous Drugs Act (Special Preventive Measure) 1952, ss 3(1), 6(1), 14

Barkat Food Heritage Sdn Bhd v Malakat Food Sdn Bhd & 3 Ors [2023] 5 AMR 296, HC

Intellectual property – Trade marks – Infringement – Four trademarks registered in business owner's name which have the word "Malaqat" in them – Usage of term "Malakat" by defendants alleged to be passing off and infringement of said trademarks – Counterclaim for invalidation of trademarks – Whether trademarks infringed and tort of passing off committed by defendants – Whether trademarks ought to be invalidated

Tort – Passing off – Goodwill – Four trademarks registered in business owner's name which have the word "Malaqat" in them – Usage of term "Malakat" by defendants alleged to be passing off and infringement of said trademarks – Counterclaim for invalidation of trademarks – Whether misrepresentation committed to prove passing off – Whether goodwill of "Malaqat" established to prove damages – Whether trademarks infringed – Whether trademarks ought to be invalidated

Chooi Loo See v PNSG Holdings Sdn Bhd & 2 Ors [2023] 5 AMR 309, HC

Contract – Breach – Share sale agreement – Claim for outstanding payment towards purchase of company's shares – Directors of company allegedly gave oral personal guarantee for payment – Reference of alleged guarantee made over WhatsApp and letter of demand uncontroverted by directors – Whether oral personal guarantee existed – Whether failure to deny statements over WhatsApp and reply to notice amount to deemed admission

Gopela Krishnan a/l Arumugam v Pendakwa Raya [2023] 5 AMR 339, HC

Criminal procedure – Inquiries of death – Revision – Finding of open verdict – Deceased shot to death by police – Whether finding incorrect – Whether magistrate acting as coroner erred in fact and in law – Whether shots fired by police were in self-defence – Whether there was threat to life by deceased – Whether police complied with guidelines of Inspector General Standing Order when firing at deceased – Whether shots were fired with aim to kill – Whether finding ought to be set aside – Arms Act 1960, s 39(b), (d) – Courts of Judicature Act 1964, s 35 – Criminal Procedure Code, ss 323, 328