Legal in Malaysia

Salam, I would like to wish everybody 'Selamat Hari Raya Aidil Fitri' & maaf Zahir Batin. p/s You know what, the beauty of having your own firm especially operating alone is:- you can enjoy your Hari Raya Holiday start from today until whenever you like (technically) hahahaha... source image

Salam, This morning, Anwar Ibrahim is brought to face his 'unnatural sexual conduct' charge in Kuala Lumpur Session court at the Jalan Duta Court Complex. The complex was full with reporters, and police personnel. The crowd, is not that much of usual, not much either of his supporters gathering or waiting around. I was there in the court having one contentious matter at a Civil High Court level 4, the same level of Anwar's court. I observed few things; The traffic to the complex was jammed, simply because the policemen blocking the complex entrance road. All public including lawyers and public transport (even, the shuttle van) was forced to divert and drop passengers far outside entrance road. (Some lawyers even have to walk to the complex). in the complex, public seem not to be very anxious to see Anwar Ibrahim, it was the police I think overreacted putting every corners their personnel, even the lift was block, I was luck that I come early to avoid such trouble. The lift ...

Salam, I received this email question on 19-9-2008: 'Salam, En. Kamarul, saya menjadi penjamin kepada kawan bg pinjaman dengan bank dari tahun 2000 hingga 2010. Masalah di sini kawan saya telah gagal membayar ansuran bulanan tersebut. Pada tahun 2004 saya pernah di kenakan potongan gaji untuk membayar loan tersebut, tetapi sy telah mencari kwn sy semula dan dia telah membuat jadual bayaran balik dgn pihak (duit yang sy bayar telah pun di ganti). Sekarang perkara ini berulang lagi dan nama saya telah di senarai hitam, jadi ini menjadi masalah untuk saya membuat pinjaman dgn bank atau mana2 agensi kewangan. Jadi saya ingin bertanya, jika saya selesaikan baki pinjaman tersebut, adakah apa2 tindakan undang2 yg boleh saya ambil terhadap kwn saya/pihak bank (krn pada pandangan sy bank tak bersungguh dlm mencari peminjam, sy yg membekalkan alamat dan no phone beliau kepada bank) untuk mendapat kan balik wang yg telah saya keluar kan dan menanggung apa2 kerugian lain? Terima Kasih.' F...

Salam, It has been quite a while since my last post, I am sorry. I just had one assignment which is so common that I feel it is good to share with all you. The case is about one poor guy owes somebody money, his business is currently a bit slow so that there is some delay in repayment of the loan. Anyway, what happen is that, one day while this guy sent his car for cleaning, 3 guys came and asked him to repay the debt (which is not the 'financier'), he immediately called the financier and promise to pay the debt within a week (funny, the financier told him that he did not send the guys, and that his relationship with the financier is current in good term). The guys still not satisfy, they took away his car on 'lien' for the debt and to make thing worse 'paw' him RM1000-00. He paid out of fear. The next day, he paid all his debt (or so settle the debt with the financier). But the guys instead of returning the car to him, scold him because he paid the debt not ...

Circular No: 235/2008 15 September 2008 All Members of the Bar and Pupils in Chambers NOTICE OF EXTRAORDINARY GENERAL MEETING OF THE MALAYSIAN BAR An Extraordinary General Meeting (“EGM”) of the Malaysian Bar will be held on Saturday, 20 September 2008 at 10:00am at the Dewan Lee San Choon, Level 2, Wisma MCA, Jalan Ampang, Kuala Lumpur. The motion proposed by the Bar Council pursuant to Section 65(1) of the Legal Profession Act 1976, to be considered at the EGM is as follows – WHEREAS THE MALAYSIAN BAR: (a) Outraged that the Internal Security Act 1960 (‘ISA’) has recently been used to arrest Raja Petra Kamaruddin (a blogger), Tan Hoon Cheng (a journalist) and Teresa Kok (a member of Parliament); (b) Deeply concerned that at present, there are more than 60 individuals detained under the ISA; (c) Reiterating its earlier call, by its resolution of 15 March 2008, for the immediate and unconditional release of all persons presently detained without trial, including Manoharan a/l Malayalam,...

Salam, I have one assignment yesterday regarding one poor chap's car repossessed by his financier. His case is straight forward but one that typical type of problem, the brief is simple:- This guy has a car which is still under hire purchase He defaulted for more than 3 months which gave the bank rights to repossess his car under the Hire Purchase Act, and the bank did. The car was kept at one store somewhere in Penang for 2 months pending auction. He however managed to settle his overdue installments (after getting some soft loan from friends) and wanted to bring out his car. Too bad, somehow when he tried to get back his car from the store, he noticed that some (quite substantial) 'things' and parts of his car is no longer intact. He did a complaint to his bank and then lodged a police report. The police due some reasons (God knows why) asked his just to refer back to the bank and had done nothing till date, in fact he was advised by the police to settle the matter direc...

Holy Ramadhan month is a miracle and blessing month, despite every single day complaint regarding the hike of our cost of living, petrol price and etc, people are still spending everyday at the bazaar buying food and some even starting buying 'hari raya' clothes. Where is the money from? Anyway, it has been long 'delay' since my last post of legal matter, I was a bit struggling 'collecting' hari raya fee..hehe by te way my post today is not to talk about that neither trying to give lecture regarding the important of moderate spending during Ramadhan but rather about one method of enforcing judgment namely 'writ seizure and sale'. What is writ seizure and sale? Write seizure and sale is on kind of judgment execution, i.e. after plaintiff successfully obtained a judgment against his defendant, and yet the defendant fails to comply with judgment, and plaintiff now want to proceed further. This enforcement of judgment is where the plaintiff makes an applicat...

Hi, First of all I would like seek forgiveness in delaying answering the question (I refer my last post). By the way, here are my answers: first of all, you need to file in your 'memorandum of appearence'- which I believe you have done so. By that I will not explain further the consequences should you fail to file the memorandum in time. second: you need to file in your 'statement of defense' within time, otherwise the plaintif may take 'judgment in default of defense' against you & you may not even aware it has been taken! because frankly, it's quite simple to be done. If you are late then quickly write letter to the plaintiff's solicitor (and cc to court) requesting them to grant you an extension of time, if they agree, good enough. But if they don't, you might need to do extra work by filing an application for an extension of time to file your statement of defense (remember you have to give good excuse on why you delay in filing it, and as usu...

RE: I need some Legal Aid From: deleted   Sent: Thursday, 4 Sep, 2008 5: 47 AM To:  mr kamarul irzuan (ki_my@hotmail.com) Thank you Mr Kamarul. Sorry if I am taking your time. From: ki_my@hotmail.com To: deleted Subject: RE: I need some Legal Aid Date: Thu, 4 Sep 2008 03:23:40 +0000 hi,   i will try to answer your question in my blog soonest possible. just need to finish few things first by today. hope i can post by tonight.. Yours faithfully,  Kamarul Irzuan Bin Busu Piah Advocate & Solicitor http://legal-malaysia.blogspot.com/ From: deleted To: ki_my@hotmail.com Subject: I need some Legal Aid Date: Wed, 3 Sep 2008 21:45:17 +0800 Dear Mr Kamarul Irzuan, I came across your blog when I was searching for some legal information and there are some information which you had written is helping me out. Thank you very much. By the way, my name is deleted . I would like to ask for some basic legal guidance from you. I am now being sued (defamation) by an established organisation because I ...

Salam, I would like to take this opportunity to wish happy merdeka day to all Malaysian and also would like to pray for the best of ibadah for all muslim in the world in our fast in this holy month of Ramadhan. May Allah give we all His Rahmah. Regards, Kamarul Irzuan (Kay Eye)