Judicial Decision In Malaysia

However the law and that can be extended to another case is not the decision itself but the ratio decidendi which is the legal principle derived from the decision.

Judicial decision in malaysia. The high court case of re leadmont development sdn bhd 2018 mlju 1320. The hierarchy of courts of malaysia starts with the magistrates court as the first level followed by the sessions court high court court of appeal and the federal court of malaysia which is the highest level. Judicial management orders were granted ex parte for two related companies leadmont development sdn bhd leadmont and its subsidiary sierra delima sdn bhd sierra delima. Datuk seri jamal yunos is pictured at the kuala lumpur high court july 23 2018.

There is an ongoing judicial management matter where the judicial management order has been extended beyond the 12 months. Sessions courts edit somewhat like the former quarter sessions in england but does not exceed rm1 000 000 as per ss 65 1 b 73 b 93 1 of the subordinate courts act 1948 sca. Judicial review is the process where the judiciary checks on the legality of the government s executive actions. This means that the courts will not look at the reasons why the government acted in that way but they would only look at whether the decision making process was done in a legal way.

Jamal yunos appeal against high court s decision on yeo bee yin s defamation suit to be heard april 22. The magistrates courts and sessions courts in malaysia have the power in both criminal and civil matters. Judicial decision is a decision made by a judge in the matter that is before him. The high court court of appeal and the federal court are superior courts while the magistrates court the court for children and the sessions court are subordinate courts.

Thursday 22 oct 2020 03 48 pm myt. A decision by the court is an outcome from a determination of the dispute between parties. Picture by mukhriz hazim. The federal court the highest court in malaysia reviews decisions referred from the high court of peninsular malaysia the high court of sabah and sarawak and subordinate courts.

Upon a judicial review application filed by the company the high court quashed the decision of the industrial court on the basis that it had failed to consider that the global reformation of the company s structure had led to the employee s duties and responsibilities being made redundant in malaysia. Judicial precedent is a system where a judge of a court makes a decision and the court at the same level as it or the courts below it in the hierarchy of the malaysian judicial system are bound to follow the decision make by it if the illegal point facts and situation in the case is similar as the case where the decision is made. The federal court of which the yang dipertuan agong is lord president has original jurisdiction in disputes among states or between a state and the federal government.