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The Federal Court quashed the Court of Appeal decision. With regard to the Immigration Act, Federal Justice Mohamed Dzaiddin held: By deliberately spelling out that there shall be no judicial review by the court of any act or decision of the Minister or the decision–maker except for non-compliance of any procedural requirement, Parliament must have intended that the section is conclusive on ...
Nik Elin Zurina bt Nik Abdul Rashid & Anor v. Kerajaan Negeri Kelantan, [2024] 2 MLJ 140 is a landmark decision of the Federal Court of Malaysia in which the court held that the Kelantan State Legislative Assembly did not have the power to enact 16 Sharia laws pertaining to criminal matters, which were deemed null, void and unconstitutional.
Lee Kwan Woh v. Public Prosecutor [2009] 5 CLJ 631 was a case heard in the Federal Court of Malaysia.The Federal Court unanimously allowed Lee's appeal against the death sentence because of irregularities in his original trial for drug trafficking in the High Court, and held that the trial judge's behaviour constituted a violation of Article 5 of the Constitution of Malaysia, which provides ...
Adong bin Kuwau & Ors [1998] 2 CLJ 665; The Malaysian case of Nor Anak Nyawai & Ors v. Borneo Pulp Plantation Sdn. Bhd. & Ors [2001] 2 CLJ 769; The Canadian case of Calder v. A-G of British Columbia [1973] 34 DLR (3d) 145; The Australian cases of Mabo & Ors v. State of Queensland & Anor [1986] 64 ALR 1, Mabo v. Queensland [1991–1992] 175 CLR 1
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Malaysia's appeals court on Monday granted a bid by jailed ex-premier Najib Razak to see a document he said should allow him to serve his sentence at home, in a rare win for a disgraced former ...
The case concerned the allegedly wrongful dismissal of Tan Tek Seng, a senior assistant of a primary school. In ruling in his favour, the Court of Appeal held that Articles 5 and 8 of the Constitution , which protect personal liberty and equality under the law, must be read with a liberal and not literal approach. [ 1 ]
Loh Kooi Choon v Government of Malaysia (1977) 2 MLJ 187 is a case decided in the Federal Court of Malaysia concerning the rights and freedoms guaranteed by the Constitution, and also involving the extent to which Parliament can amend the Constitution. The decision was delivered by Federal Justice Raja Azlan Shah.