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  • Article

    Advance Ruling By Director General Of Inland Revenue Not Amenable To Judicial Review

    On 29 June 2020, the Federal Court in IBM Malaysia Sdn Bhd v Ketua Pengarah Hasil Dalam Negeri (01(f)-37-11/2019(W)) dismissed the taxpayer's appeal against the decision made by the Director General of Inland Revenue ...
    MalaysiaTax
    SKRINE
    SKRINE
  • Article

    The Court System In Malaysia

    The judiciary system in Malaysia is primarily based on the English system. In general, there are two types of trials / matters that will be brought before the Malaysian Courts; i.e. criminal and civil matters.
    MalaysiaLitigation, Mediation & Arbitration
    CK Law
    CK Law
Article

Prospectivity Trumps Retrospectivity, And No, It's Not Fake News!

The High Court's decision in UDA Holdings was upheld by the Court of Appeal.
MalaysiaReal Estate and Construction
SKRINE
SKRINE
  • Article

    Federal Court Restates The Law On Deposits And Damages Clauses

    In the recent decision of Cubic Electronics Sdn Bhd v Mars Telecommunications Sdn Bhd [2019] CLJ 723, the apex court of Malaysia revisited the principles on forfeiture of deposits...
    MalaysiaGovernment, Public Sector
    SKRINE
    SKRINE
  • Article

    Legal Updates - June 2015

    High Court judge erred in allowing application for judicial review to issue writ of certiorari to quash award in favour of employer.
    MalaysiaLitigation, Mediation & Arbitration
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    The State Of Competition Law In Malaysia In The Aftermath Of The Covid-19 Pandemic

    While many businesses are grappling to stay solvent amidst the economic turbulence plaguing the nation in the aftermath of the Covid-19 outbreak
    MalaysiaAntitrust/Competition Law
    Chooi & Company
    Chooi & Company
  • Article

    Unilateral Conversion In Malaysia – Back From The Brink

    Trevor Padasian discusses the Federal Court's landmark decision in Indira Gandhi.
    MalaysiaLitigation, Mediation & Arbitration
    SKRINE
    SKRINE
  • Article

    Tax Espresso - December 2015

    According to the Media Release issued by the Inland Revenue Board (IRB) on 17 November 2015, delegates at the CATA conference have had serious discussions on ways to overcome various BEPS issues, especially on TP and treaty abuse.
    MalaysiaTax
    Deloitte
    Deloitte
  • Article

    What Is The Meaning Of "Desertion" Under Section 54(1)(a) Of The Armed Forces Act 1972?

    In this article we discuss a novel issue in respect of the interpretation and meaning to be given to the term "desertion" under Section 54(1)(a) of the Armed Forces Act 1972.
    MalaysiaLitigation, Mediation & Arbitration
    Cecil Abraham & Partners
    Cecil Abraham & Partners
  • Article

    Up In The Air

    The year of 2014 is a turbulent year in Malaysia's (perhaps the world's) aviation history.
    MalaysiaTransport
    Azman, Davidson & Co
    Azman, Davidson & Co
  • Article

    Section 73A, Bills Of Exchange Act 1949 - Is The Banker Protected?

    A bank has no right to make payment on a forged or unauthorised signature on a cheque under s 24 of the Bills of Exchange Act 1949.
    MalaysiaFinance and Banking
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    Discerning The Judicial Trend In Recent Tax Avoidance Cases

    The topic of tax avoidance is no stranger to controversy, having sparked lots of interest in both private and public discourse.
    MalaysiaTax
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    Judicial Approach To Application And Construction Of Arbitration Act 2005 In Malaysia: Section 37

    Over the past few decades, Malaysia has sought to develop a refined and efficient system for alternative dispute resolution. Today, Malaysia has a relatively robust arbitration ecosystem.
    MalaysiaLitigation, Mediation & Arbitration
    Cecil Abraham & Partners
    Cecil Abraham & Partners
  • Article

    Resolution Of Construction Industry Disputes : Arbitration, Statutory Adjudication Or Litigation In The Construction Court?

    Malaysian construction disputes are traditionally resolved in arbitration, otherwise in the normal courts of law.
    MalaysiaReal Estate and Construction
    Azman, Davidson & Co
    Azman, Davidson & Co
  • Article

    Company Financial Statements Can Be Hazardous For Directors

    When a company, especially a public listed one, is faced with financial controversy, every one of its directors will be in the spotlight.
    MalaysiaCorporate/Commercial Law
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    Performance Bonds And Bank Guarantees: Interpretations And Demands

    Performance bonds and bank guarantees are commonplace in the Malaysian construction industry.
    MalaysiaReal Estate and Construction
    MahWengKwai & Associates
    MahWengKwai & Associates
  • Article

    Developments In Statutory Adjudication In 2017

    Jocelyn Lim examines the significant statutory adjudication cases of 2017.
    MalaysiaLitigation, Mediation & Arbitration
    SKRINE
    SKRINE
  • Article

    Right To Arrest Vessels Post-judgment/award – What Is The Tide?

    The right to arrest a vessel in an action in rem, i.e. an action against property, is primarily used to obtain security for a future court judgment or arbitral award.
    MalaysiaTransport
    SKRINE
    SKRINE
  • Article

    Wavering On Waivers

    The courts in Malaysia do not appear to have considered the subject of waiver with the same degree of distinction similar to what has been presented in the above.
    MalaysiaCorporate/Commercial Law
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    In Brief - BNM: New Rule On R & R Loans

    With effect from September 2015, Malaysian households will be required to practise mandatory garbage separation, an initiative which is intended to benefit the environment.
    GlobalFinance and Banking
    Zul Rafique & Partners
    Zul Rafique & Partners
  • Showing 161–180 of 181 results

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