Federal Court rules ex-S gor MB empowered to approve VSS payout on his own
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Eight former staff of former Selangor menteri besar Abdul Khalid Ibrahim can keep the RM2.7 million paid to them as compensation in a voluntary separation scheme (VSS) in 2014.
This follows a unanimous decision by a Federal Court five-member bench led by Court of Appeal president Rohana Yusuf in allowing the former staff s appeal to set aside the appellate court s decision which went against them.
Justice Rohana said the Selangor Menteri Besar Incorporated (MBI), established under the MBI Enactment, is a sole legal entity.
She said that at the material time, Khalid was legally empowered.
PUTRAJAYA: The Federal Court will decide on Monday the appeal by former staff members of former Selangor Menteri Besar Tan Sri Abdul Khalid Ibrahim wh.
Two on death row want to include Hansard in review application 13 Apr 2021 / 17:14 H. Pix for illustration purposes.
PUTRAJAYA: Two individuals on death row after they were convicted for drug trafficking want to include the current government’s stand on the abolishment of mandatory death penalty in their review applications.
Their lawyer Ramkarpal Singh told the Federal Court five-member bench today that he is seeking to include a Dewan Rakyat Hansard regarding the proposed death penalty amendments in the review applications filed by the men.
“What we have is the position of the previous government,“ he said, adding that he needs to put forward to the court on what is the position of the current government on the abolishment of the mandatory death penalty before proceeding with the review applications.
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PERSONAL LAWS AND JURISDICTION OF SECULAR AND SYARIAH COURTS
Article 121(1A) of the Federal Constitution (‘Constitution’), read together with the Ninth Schedule, List II, Item 1 of the State List, provides that secular courts ‘shall not have jurisdiction in respect of any matter within the jurisdiction of the Syariah courts’ (‘State List’). The State List provides for personal laws affecting persons professing the religion of Islam and the jurisdiction of the Syariah courts is exercisable on two conditions. First, the person professes the religion of Islam (‘Legal Persona’). Second, the matter falls within the subject-matter enumerated in the State List (‘Subject-matter Jurisdiction’).
Published on: Friday, March 05, 2021
By: Bernama
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PUTRAJAYA: The Federal Court seven-member bench has ruled that political parties cannot sue individuals for defamation.
Court of Appeal President Tan Sri Rohana Yusuf, who chaired the bench, said the court had answered in the negative a legal question posed by Kepong Member of Parliament Lim Lip Eng to strike out a defamation lawsuit which was filed against him by MCA,
The question is whether a political party can maintain a suit for defamation in the light of the decision in Goldsmith v Bhoyrul (1998), an English case law which provided that political parties cannot be claimants in defamation suits.