Legal in Malaysia

Salam and Hi all, As promise in my facebook page, i post one interesting case I handled recently. The case was regarding PTPTN suing one person for 'so-called default' in paying his study loan given by PTPTN. I do not wish to touch on the details of the case's merit but rather stick to only one issue of NULLITY in such civil action. After I got the instruction to defend the case, I prepared all the necessary papers such the defense statement, notice of appearance and so on. I also prepare one notice of preliminary objection (PO) to be served onto the plaintiff's solicitor (PTPTN) as required under the rules. The PO stating and demanding that defendant shall plead to the court to have the whole suit dismiss with cost due to illegality and nullity of the action. Reasons: section 58 of the Perbadanan Tabung Pendidikan Tinggi Nasional Act 1997 Act A1296 ("the Act") which was interpreted by the High Court at Sibu EXCLUDE the private lawyers from representing any s...

I know the images are blur, not intend to disclose detail here anyway. For those (lawyers) interested, please email me at ki_my@hotmail.com or kirzuan@gmail.com .

Hi all, I am currently looking for lawyers to work with me as my associates, with partnership status and profit sharing. For those who are interested please email me a.s.a.p Thank you Sent from my iPhone

With the help of a friend and his team, I am currently developing a customised law firm software for Malaysian Practitioners.. Hope when it is ready I could share with everybody and especially fellow lawyers at a very minimum cost (got to buy it from my friend- I promise gonna be very cheap). The objective is- just want everybody especially small firm and sole practitioner to be able to enjoy this automatic system.. let's tell the rest of the world and the 'big boys' that small firms can affort this great system. And I think even better than those currently available in the market.. price recommended: RM15 only per installer per user for first modul..don't you think it is worth!? Those who are interested, please don't disturb me you email directly my friend at sktrapidsales@gmail.com

Hi, My question is simple if your not entitle for the bonus why the company made the part payment? Second question, how could confirm that the bonus paid is only half of it? What if the company say that it was all bonus they offered.  Anyway, I could not go into detail your matter as I do have much info.  However, as long as your claim fall within the scope of small claim court. Why don't you give a try.  Sent from my iPhone On 15/08/2010, at 10:33 PM, Chris < noreply-comment@blogger.com > wrote: Chris has left a new comment on your post " Small Claim Court: Do-It-Yourself (DIY) ": I was working in this company from 2007 - 2009. In 2007 & 2008, the management withhold part of our bonus said they will release that portion (0.5 months) when we pass our company's internal audit. But the audit was deferred and i left the company in Nov 2009 before they paid the bonus which is in Dec 2009. I was thinking, since i had performed my work for 2007 & 2008 which...

Salam, I guest you have read my article and by now you already got some basic idea of your rights to reclaim your money.  As I mentioned in the article, dishonour ed cheque per se may be a good cause of action and evidence to establish your claim in court of law.  Sent from my iPhone On 09/08/2010, at 10:27 PM, Anonymous < noreply-comment@blogger.com > wrote: Anonymous has left a new comment on your post " Got a Bounced Cheque? ": i am a foreigner in malaysia.one of my country man has given me a cheque instead of money received by hand.now according his statements his account has not sufficient money.i would like to know how much a cheque is powerful?or i need to recourse other way? thank you hossein Posted by Anonymous to Legal in Malaysia at August 9, 2010 9:41 PM

Hi All, I was asked by one of client to write this legal opinion in brief about the rights and powers of Foreign Shareholders in a Malaysia Company. I think it is good to share with everybody else. However please take note that this legal opinion is very brief and in general. It may somehow give general idea of the issue discussed. Case Background A foreign company from Singapore ('ABC Company') hold a 15.5% (the numbers and name are not actual) shares in a Malaysia Company. Being a foreign shareholder, ABC Company is concerned and wishes to be advised as of its rights as shareholders, its power of vote, access and read account books and records. On a separate matter, ABC Company also wishes to be enlightened on the latest ruling of Malaysian laws and regulations on FIC (Foreign Investment Committee). Issue What are the basic rights and powers of shareholders in Malaysia Company? Whether ABC Company having hold 15.5% of shares could be well protected under Malaysian Legal Syste...

Salam to Muslim readers, I would like to wish you good barakah in Ramadhan and may Allah give us all good Health and strength to perform our duty in fasting. May this Ramadhan bring us closer to Him. Sent from my iPhone

Hi all, I attend Matrade seminar somewhere in June about this vendor program. So I think it is good to share with everybody to become one of united nation registered vendor. Go and visit www.ungm.org register as one of UN vendor and start getting business opportunity. Good luck. P/s don't forget to share with all of us if you success. Sent from my iPhone

Hi, thank you for your email.  What I meant in that article is that how simple you can establish your right in the court of law in demanding debt due to bounced check.  Now, how long the process itself is very subject question. It depends on so many factors. So I can't give definable answer.  But the good new is, Malaysia courts now implementing a system called 'fast track system' in which almost all cases will heard and disposed off in short time.  Sent from my iPhone On 03/08/2010, at 12:50 AM, Anonymous < noreply-comment@blogger.com > wrote: Anonymous has left a new comment on your post " Got a Bounced Cheque? ": I intend to open a office in malaysia and market rice distribution in the super markets, restaurants and stores. if i ask the buyer to pay me by cheque, is it safe? if the cheque is dishonoured, how long will it take me to get the payment through court of law? Posted by Anonymous to Legal in Malaysia at August 2, 2010 9:47 PM

  Salam and Hi All,   It is Sunday (and good weather for lazy morning L , arrrg! ), I got a Yahoo Messenger BUZZ from my good lawyer friend from Kuantan complaining and asking me to join him in preparing Mandamus or Judicial Review or Certiorari Suit against JPJ (Road Transport Department) . So I asked, 'what the fuss?' 'Can't renew Road tax', he replied. I asked, 'yours?'. 'No, not mine, just one of my relative'. So I asked further, 'how come?' he said, 'she got 28 summons and blacklisted!' what a driver J I thought. Anyway, as we discussed, he told me that there is one case law in Sarawak whereby a High Court Judge had given pretty good judgment regarding this matter (so that I remember reading the case law sometime ago). He emailed me the case law and I thought it is good to share here in this blog. It is a 21 pages of case report, so it is quite lengthy to 'copy and paste' here. What I can do is to put the case headings a...

Hope you like this new blog design (it's free from blogger)...just changing our reading mood after two years..

Hi all, I post this email (bellow) i just received (and thousand before) just to share with everybody and warn my dear readers of spam. My friends, this kind of email spam will come us in every tactic and style you will ever imagine. Please beware! They are getting smarter now, they come with slow and subtle approach. Last week (True story) after a few emails communication, and to my surprise, I received a call from a guy coming down to Malaysia from India. First, I don't want to entertain but after considering his long journey, I finally ask him to come over to my office to meet me. FYI, he contacted me before asking for my help for one friend of him charged under dangerous drug act in Malaysia. After the meeting, I found out that he was a victim of spam email that lured him to Malaysia in promise that the 'charged' person will pay him huge amount of money if he could get him out. Poor fellow, wasting money and time just coming down to Malaysia hush to find out the whole t...

Hi, thank you for your email. There is not automatic divorce just simply by signing papers. A petition still need to be file in court either by one party or jointly. Sent from my iPhone On 30/07/2010, at 3:15 PM, Name deleted wrote: > Dear Kamarul, > > I'm 24 years old,i married with my husband around 6 year.We have 2 kid,my son 5 years old and my daughter 4 years old.But since 2008 we already stay separately. > I wanted divorce cause feels that i and my husband are not suitable anymore.I heard from my friend that they said i can sign a document for separation,then after 2 year it will > automatic divorce,its that true?Can i do it? > > Best regard, > Name deleted >

Hi. Thank you for your email.  Since your sister and her husband agree for mutual divorce I suggest they enter into an agreement regarding custody (perhaps also regarding maintenance) and tender it during the joint petition proceeding.  Make sure the judge give order specifically as regard to the custody to be given to your sister as her husband is a foreigner. Maybe the husband is given the right of access to the daughter without having any right to bring the child abroad.  Sent from my iPhone On 28/07/2010, at 1:37 AM, Anonymous < noreply-comment@blogger.com > wrote: Anonymous has left a new comment on your post " Non Muslim Divorce Proceeding-brief email question... ": HAI...my sis n her husband file up 4 mutual divorce.she's maried for five years and has a 4 year daugter. would like to know the consequences after she's married... what happen to her daugter? the father is from India and working as IT Corporate Trainer.can he get the custody and does he got...

From: Kamarul Irzuan bin Busu Piah < kirzuan@gmail.com > Date: 25 Julai 2010 10:45:50 PM GMT+08:00 To:  (deleted) Subject: Re: My mom's land was taken away. Hi. The law as under the national code pertaining TOL is very clear. Please to my related post.  Be that is the case, the license to occupy by the third party in normal tol is only for a term of one year unless extended by the land office. To grand, cancel or extend is their prerogative decision. There is no law as regard to what you want ie to cancel the tol. Unless you bring to court to challenge the land office decision. But your chance is very low. The reason is because the law is very clear and that your knew all the while that she had cultivated on a government's land. Your mother are lucky that they did not sue her for trespassing.  Our law is quite different UK where the rule of adverse possession apply. To explain: the law where a person could claim ownership on land where he stays more than 12 years...

Something to share with everybody. The issue regarding execution of judgment. Query start from bottom of post.  From: (deleted) Date: 22 Julai 2010 5:53:27 PM GMT+08:00 To: Kamarul Irzuan bin Busu Piah < kirzuan@gmail.com > Subject: Re: Legal Query. Dear Kamarul, Yes you are right, the case is from the High Court, you have given both my friend and myself a valid pointer 30-40k sounds very much reasonable, at this point - they didnt talk out any of the processes with my friend, just slammed him with a 100k bill - but we must thank you, as now my friend who is facing his first legal dilemma in years as some pointers to go about, i wish you the very best, my friend too wishes you well thanks you from the bottom of his heart. --- On Wed, 7/21/10, Kamarul Irzuan bin Busu Piah < kirzuan@gmail.com > wrote: From: Kamarul Irzuan bin Busu Piah < kirzuan@gmail.com > Subject: Re: Legal Query. To: (deleted) Date: Wednesday, July 21, 2010, 11:06 PM Hi. Thank you for your e...

Anonymous has left a new comment on your post " Email Question: Will for Non Malaysian Citizen ":  Hi Kamurul, If a non-citizen inherits a Malaysian property, is he subject to any taxes over and above what a citizen has to pay? thanks  Posted by Anonymous to  Legal in Malaysia at July 20, 2010 7:02 PM Answer:- Hi. Thank you for email. Yes any property inherited in Malaysia will be subjected to tax.  Sent from my iPhone

Hi all!, It has been quite awhile since my last update this blog, I am very sorry. Not that I lost interest to update this blog and share knowledge with all of my beloved readers, it just that time is very envy on me. However, the good news is that despite all the works, I still manage to answer some of personal email sent to me in private. For those who are being loyal to this blog and who have sent me your emails, I thank you for your support. Ya, I know I repeatedly mentioned that I am a bit reluctant to accept private emails, on the reason that if it is answered on blog everybody else can share. But I guess my failure to update this blog may be compensated by replying to your emails.   So, for those who are unable to find any article in this blog that may help to settle your problem, you may email to me at ki_my@hotmail.com 0R kirzuan@gmail.com Please only genuine problem, not for student doing assignment J   Thank you again for your support!

Quote: The slave is not afflicted with a punishment greater than the hardening of the heart and being distant from Allah. For the Fire was created to melt the hardened heart. The most distant heart from Allah is the heart which is hardened. If the heart becomes hardened, the eye becomes dry. Scholar: Ibn Qayyim Al Jawziyyah Sent from my iPhone

Recent amendment on Subordinate Court Act among all increase monetary limit of Magistrate courts from RM25, 000-00 to RM100, 000-00; Session Courts from RM250, 000-00 to RM1, 000, 000-00! I personally think it is a good amendment but the Bar seems not very happy with it, they think that a proper and more comprehensive study should be conducted first before the any amendment made, I could not differ on that. May be the government should consider the Bar's opinion, after all it's the lawyers who are dealing with the act every day J . For those who don't understand what is monetary jurisdiction/limit is all about; it means (in simple) that now under the amendment the magistrate court may deal with cases or disputes or awarding damages up to RM100, 000-00 (compare to before only RM25, 000-00), and so for the session court which upgraded to RM1, 000, 000-00. What do you think?  

From: Kamarul Irzuan < ki_my@hotmail.com > Date: 19 Julai 2010 2:19:27 PM GMT+08:00 To: Anonymous < noreply-comment@blogger.com > Subject: Re: [Legal in Malaysia] New comment on Non Muslim Divorce Proceeding-brief email question.... Hi. Thank you for your email. In circumstance as you mentioned, it possible to have the attendance of both parties (or any party) to be excused from appearing in court WITH the court permission.  Sent from my iPhone On 19/07/2010, at 1:55 PM, Anonymous < noreply-comment@blogger.com > wrote: Anonymous has left a new comment on your post " Non Muslim Divorce Proceeding-brief email question... ": hi Is it compulsory for both husband and wife to attend the court hearing? Could reason such as working abroad be excused from such hearing? Thank you. Posted by Anonymous to Legal in Malaysia at July 9, 2010 4:46 PM