22-162-2005-III

Rajang Playwood Sawmill

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Jangkar Enterprise Sdn Bhd

(1) Legal effect of Agreed Facts and Issues by counsels in a trial. (2) Unpleaded facts and their consequence.

27-06-2008

Judgment is granted to the Plaintiff in the sum RM1, 222, 882.17 with statutory interests of 8% from the date of this judgment till full payment of the judgment sum and costs.

43-24-2007-III

PUBLIC PROSECUTOR

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NATU AK SUHAI

Appeal against Sessions Court Judge's decision in convicting the accused for criminal breach of trust under Section 409 of the Penal Code. Consequence of not putting his case during cross examination discussed.

09-05-2008

The sentence of the lower court is revised from one year to 8 months for each charge and such period are to run concurrently.

12-51-06-III

Soton Mohd. Bili & Another

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Khajijah Bt Led & 4 Others

Appeal against Damages awarded by the Sessions Court Judge - Section 28A (2)(d)(ii) of the Civil Law Act discussed.

29-04-2008

Appellants' appeal is dismissed. The cross-appeal is dismissed with costs to be taxed unless agreed.

22-156-2002-III(II)

Tahan Insurance Bhd

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Saratim Insurance Agency

Whether the Defendant as agent on behalf of the Plaintiff is liable for the payment of premium in respect of insurance business transacted by the Defendant on behalf of the Plaintiff irrespective of whether or not such premium has been collected or received by the Defendant.

31-03-2008

In respect of the plaintiff's statement of claim:- 1. Judgment to the plaintiff in the sum of RM197,448.39. 2. Interest of 4% on the sum of RM197,448.39 from the date of the writ to the date of this judgment and thereafter interests of 8% until the judgment sum is fully paid, 3. Costs to the plaintiff to be taxed unless agreed. In respect of the defendant's counterclaim:- 1. An account of profit commission under the LGPA scheme for the year 2001 and 2002, 2. Payment of profit commission under the LGPA scheme for the year 2001 and 2002 (profit commission amount). 3. Interests of 4% on the profit commission amount from the date of the writ to the date of this judgment and thereafter interests of 8% until the judgment sum is fully paid, 4. Costs to the Defendant to be taxed unless agreed.

24-267-2007-III

Daniel Tajem ak Miri

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Secretary, Dewan Undangan Negeri and another

Whether the Plaintiff is entitled to have his pension revised and recomputed in his capacity as:- (1) the Deputy Chief Minister and; (2) a member of the State Assembly (DUN)

28-03-2008

1. A declaration that the plaintiff, having been a member of th Dewan Undangan Negeri Sarawak, the (DUN) on 13.9.1974 - 12.3.1987; 28.9.1991 - 15.8.1996 and having served as a Deputy Chief Minister from 11.10.1980 - 9.3.1987, and having been receipt of his pension of RM4,500.00 per month since his ceasing as a member of the DUN on or about 15.8.1996, was and is entitled to have his pension recomputed based on the revised salary of RM14,5000.00 (RM3,000.00 plus RM11,500.00) per month which amounts to RM7,250.00 per month, and was and is entitled to be paid by the defendant such recomputed pension of RM7,250.00 as from 10.8.2001; 2. That the 2nd defendant pay to the plaintiff the recomputed pension of RM7,250.00 per month as from 10.8.2001 less the amount of pension RM4,500.00 per month which has been paid by the 2nd defendant to the plaintiff (judgment sum); 3. Statutory interest of 8% per annum on the judgment sum from the judgment until the full and final settlement of the judgment sum; 4. Costs to be taxed unless agreed to the plaintiff.

42-30-2007-III

PUBLIC PROSECUTOR//MUHAMMAD SAIFUL AZLAN BIN SABELI

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MUHAMMAD SAIFUL AZLAN BIN SABELI / PUBLIC PROSECUTOR

Whether the appellate court should disturb the sentence of the lower court? Whether the learned Sessions Court Judge erred in law and fact when she held that the defense failed to cast a reasonable doubt in the prosecution’s case at the end of the case?

14-03-2008

Both appeals by DPP - against the inadequacy of sentence and by the Accused - against sentence and conviction are dismissed.

22-21-2003-III(I)

HOCK HUAT CHAN SDN. BHD.

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ASSAN BIN MOHAMAD & 3 ORS.

- Whether the Defendants' seizures of the Plantiff's goods were done "without reasonable or legal ground or reasonable or probable cause": - Whether there was a duty on the part of the Defendants to issue a Notice of Forfeiture to the Plaintiff explaining the consequence of not claiming ownership of the seized goods within a month of seizure if there is no prosecution in view of Article 13 of the Federal Constitution.

10-03-2008

(1). Prayers (i) to (vi) of the statement of claim are struck out. (2). In respect of prayer (vii) of the statement of claim, the Court ordered that the Plaintiff's claim of ownership of the seized goods be adjudicated before the Magistrate Court as provided for in Section 128 (4) of the Customs Act. (3). As for costs in prayer (viii) of the statement of claim, each party is to bear its own costs and the reason for this is that the plaintiff had not completely won this case plus the fact that the issues posed by the court had not been pleaded by plaintiff in its statement of claim.

22-36-2001-III(II)

Public Bank Bhd

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Soon Foom (s) Sdn Bhd

Whether the Plaintiff had exerted 'undue influence' on the 2nd and 3rd Defendants when they signed the letter of guarantee.

07-03-2008

Judgment - Against the 1st Defendant:(1) The sum of RM1,080,010.90 (2) Interest at the rate of 9.30% per annum calculated on a daily basis with monthly rests from 1 July 2000 until full and final payment (3) Costs on solicitor-client basis to be taxed unless agreed; and fixed costs of RM225.00. Against the 2nd and 3rd Defendants: (1) The sum of RM1,080,010.90 (2) Interest at the rate of 9.30% per annum calculated on a daily basis with monthly rests from 1 July 2000 until full and final payment (3) Costs on solicitor-client basis to be taxed unless agreed; and fixed costs of RM225.00.

22-123-2005-III

E & E Modular System Sdn Bhd

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Utama Kekal Sdn Bhd

- Whether the garnishee decree nisi should be made absolute when garnishee had not been paid by the Malaysian Government. - Whether it is fair for the garnishee to pay using their own money first and wait for reimbursement from the Malaysian Government.

26-01-2008

Appeal is allowed with costs.

12-24-2007-III

Siow Chung Peng

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OSK Securities Berhad

Whether the defense of the Appellant/Defendant was correctly struck out by the learned Sessions Court Judge?

08-01-2008

Appeal is dismissed with costs.