Wednesday, 3 July 2013

MALAYSIA-IT IS NOT THE DUTY OF THE WINDING-UP COURT TO DECIDE WHETHER A DEBT IS OWING TO A PETITIONER

In the Court of Appeal case of Jagdis Singh a/l Banta Singh v Outlet Rank (M) Sdn Bhd [2013] 4 MLJ 213, it was held that:-

"...[25] We agreed with the findings of learned JC that the dispute between the parties was bona fide and that such dispute should be decided in the Civil Suit No 22-48 of 2006. We also agreed that it was not the duty of the winding up court to determine whether or not the debt was owned to the petitioner by the respondent and this dispute should be decided in the civil court...."


Malaysia-CLJ July Promotion - ILR Bound Volume

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Malaysia-Forum on “How Secular is Our Constitution?” (6 July 2013)

Forum on "How Secular is Our Constitution?" (6 July 2013)





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Circular No 148/2013
Dated 2 July 2013
To Members of the Malaysian Bar
Forum on "How Secular is Our Constitution?" (6 July 2013)
The Federal Constitution is the "rule-book" or manual for Malaysia.  It sets up our system of government and the disposition of power between the Federal Government and the States.  It guarantees certain fundamental liberties and formulates special provisions for certain ethnic communities in multi-religious and multiracial Malaysia.
Article 4(1) of the Federal Constitution states that the Federal Constitution is the supreme law of the Federation.  Any law passed that is inconsistent with the Federal Constitution would be void.  Reading this together with article 3(1) on the religion of the Federation, it has been argued that ours is a secular constitution.  Yet at the same time, laws have been passed according to the precepts of religion.  How secular is our Federal Constitution?
The Bar Council Constitutional Law Committee, in collaboration with several volunteers, is organising a public forum to explore the secular aspects of the Constitution.
The details of the forum are as follows:
Date:               6 July 2013 (Saturday)
Time:               9:00 am to 2:00 pm
Venue:             Raja Aziz Addruse Auditorium, First Floor, Bar Council, 15 Leboh Pasar Besar, 50050 Kuala Lumpur
Registration:      Admission is free but advance registration is required
CPD Code:          06072013/BC/BC1133/3
CPD Points:      Three
The speakers, inter alia, include:
(1) Dr Ahmad Farouk Musa, Academician; and
(2) Nizam Bashir Abdul Kariem, Advocate and Solicitor.
For more details or to register, kindly contact Anusha Gopala Krishnan (03-2050 2097; anusha@malaysianbar.org.my) or Mohd Fazli Rosman (03-2050 2105; fazli@malaysianbar.org.my).
Thank you.
Firdaus Husni
Chairperson
Constitutional Law Committee
This circular may also be accessed here.



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Malaysia-CORRECTION: Joint Forum between the Korean Bar Association and the Malaysian Bar (5 July 2013)

CORRECTION: Joint Forum between the Korean Bar Association and the Malaysian Bar (5 July 2013)





________________________________________________________________________________________________________________________

Please note that the correct fax number to submit your completed reply slip is 03-2031 6640. The correct version of Circular No 147/2013 follows below. The error in the earlier version is deeply regretted.
Circular No 147/2013
Dated 1 July 2013
To Members of the Malaysian Bar and pupils in chambers
Joint Forum between the Korean Bar Association and the Malaysian Bar (5 July 2013)
The Bar Council will host a delegation from the Korean Bar Association.  The purpose of the visit, amongst others, is to sign the extension to the Memorandum of Understanding ("MOU") between the Malaysian Bar and the Korean Bar Association to foster a positive and mutually beneficial relationship between both parties.  One of the important components of the MOU is the development of young lawyers.  To this end, the MOU will facilitate an exchange programme in which young lawyers from the Malaysian Bar may get the opportunity to experience practice in Korea and vice versa.
A forum will take place in conjunction with the visit and the signing of the MOU.  The focus of the forum will be on the state of young lawyers in both countries, both present and in the future.  Young lawyers may also obtain more information about the planned exchange programme.
The details of the event are as follows:
Date:                5 July 2013 (Friday)
Time:                4:00 pm to 5:30 pm (Registration begins at 3:30 pm)
Venue:              Raja Aziz Addruse Auditorium, Bar Council, 15 Leboh Pasar Besar, 50050 Kuala Lumpur
CPD Code:       05072013/BC/BC1148/1
CPD Point:       One     
The programme is as follows:
3:30 pm to 4:00 pm        Registration
4:00 pm to 4:15pm         1st Speaker: Jin Nyoung Choi, Spokesperson, Korean Bar Association
4:15 pm to 4:30 pm        2nd Speaker: Wong Poh Lim, Spokesperson, Malaysian Bar
4:30 pm to 5:00 pm        Q & A Session
5:00 pm to 5:15 pm        Signing of MOU
To attend the event, kindly complete and submit the attached reply slip by email at zaena.nair@malaysianbar.org.my or by fax at 03-2031 6640.  For enquiries, please contact Satha Selvan Subramaniam (03-2050 2092; satha@malaysianbar.org.my) or Zaena Nair K Padmanathan (03-2050 2091; zaena.nair@malaysianbar.org.my).
Thank you.
Syahredzan Johan
Chairperson
National Young Lawyers Committee
This circular and the attachment may also be accessed here.



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