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CLJ Bulletin #2/2016
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Welcome to the latest CLJ Bulletin, Issue #2 of 2016. In this issue we provide you with highlights of selected cases from the Current Law Journal, Malaysia's leading authoritative reporter of case laws and judgments from the Courts of Malaysia and a selection of unreported cases from our widely cited Legal Network Series (LNS).
Among the items featured in this week's edition:
CASE(S) OF THE WEEKPATHMANABHAN NALLIANNEN v. PP & OTHER APPEALS  1 CLJ 377
COURT OF APPEAL, PUTRAJAYA
AZIAH ALI JCA, TENGKU MAIMUN TUAN MAT JCA, ZAKARIA SAM JCA
[CRIMINAL APPEALS NO: B-05-154-06-2013, B-05-155-06-2013, B-05-156-06-2013 & B-05-157-06-2013]
04 DECEMBER 2015
Penal Code - Section 302 - Murder - Common intention - Whether established - Whether trial judge had correctly called for defence - Whether combination of direct and circumstantial evidence established guilt of accused persons - Whether inferences from fact and circumstances led to conclusion that appellants were perpetrators of murders
Exhibit - Admissibility - Previous inconsistent statement - Whether evidence of prior conviction admissible in separate criminal proceedings - Whether statement admissible under s. 35 of Evidence Act 1950 - Whether regarded as judicial records - Whether availability of witnesses negated admissibility of exhibits - Whether exhibits correctly admitted - Evidence Act 1950, ss. 11(b), 17, 33 & 74
Information leading to facts discovered - Information leading to discovery - Whether discovery was a consequence of information given by accused persons - Whether police had prior knowledge of locations where discoveries were made - Whether discoveries would not have been made if not for information by accused persons - Whether joint statement by one or more accused persons ought to be excluded - Evidence Act 1920, s. 27
Credibility - Assessment of - Witness under witness protection programme - Whether reason to reject evidence - Whether evidence of witness supported in material particulars by other direct and circumstantial evidenceANINA SAADUDIN v. DATUK SERI TENGKU ADNAN TENGKU MANSOR & ANOR  1 CLJ 266
HIGH COURT MALAYA, KUALA LUMPUR
S NANTHA BALAN JC
[SUIT NO: 22NCVC-502-09-2015]
07 DECEMBER 2015
Striking out - Action - Application for - Plaintiff expelled from being member of United Malays National Organisation ('UMNO') pursuant to clause in Constitution of UMNO - Dispute pertaining to plaintiff's expulsion or cessation of membership in UMNO - Whether plaintiff's membership automatically invalidated upon filing of legal action relating to party - Whether courts had jurisdiction to hear matters relating to disputes in political parties - Whether court had jurisdiction to hear dispute concerning plaintiff's expulsion or cessation as member of UMNO - Societies Act 1966, s. 18C - Applicability
CLJ BOOK CATALOGUE
We hope this week's e-bulletin provides you with useful insights on the latest legal cases from the Courts of Malaysia.
We welcome your feedback & contribution. Please send your comments, suggestions and articles directly to firstname.lastname@example.org.
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