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What is Adultery? "Does it mean having a secret relationship with someone married?  "Is it illegal to commit adultery in Malaysia"? To answer the first question above, No. The definition of adultery as a secret relationship with someone who is married is not entirely accurate. According to the legal definition of adultery in Malaysia, which can be found in L B Curzon's Dictionary of Law, adultery refers to voluntary sexual intercourse (even if it is not completed) between two people who are not married to each other, but one or both of whom are married to a third person at the time of the act. To answer the Second question, while having sexual relations with someone who is married may be considered morally wrong, it is not illegal under Malaysian law. Neither the Penal Code nor the Criminal Procedure Code contains any provisions that impose punishment for adultery. This means that adultery is not a criminal offense in Malaysia. It's important to note that even th

  If you have purchased a house from a developer in Malaysia and it has been damaged, you may be able to claim compensation for the damage from the developer. The process for making a claim may vary depending on the nature and extent of the damage, as well as the terms of your sale and purchase agreement with the developer. Here are some general steps you can take to claim for property damage for houses purchased from a developer in Malaysia: Inspect the damage: Conduct a thorough inspection of the damage and document it with photos or videos. If the damage is serious or poses a safety risk, you should take immediate steps to prevent further damage or harm, such as by turning off the water or electricity supply. Review your sale and purchase agreement: Check your sale and purchase agreement to see if it contains any provisions related to property damage or defects. It may also specify the time frame within which you need to make a claim for defects or damages. Notify the developer: Inf

Legally enforceable agreements are tools to help businesses operate smoothly. Business contracts provide necessary legal protections that you need in any operation. Not only do contracts minimize risk, but they protect both you and your company by helping you understand your rights and obligations under each agreement. There is no "simple agreement" , each agreement must contain the necessary clauses to make it enforceable and fulfill its purpose. A written agreement, outlines the terms and conditions of a business arrangement and serves as a record of the expectations and obligations of each party. In Malaysia, written agreements are important for businesses for several reasons: Legal protection: A written agreement provides legal protection for both parties in case of disputes or breaches of contract. It can help to clarify any misunderstandings and provide a clear framework for resolving any issues. Clarity and understanding: A written agreement ensures that all parties

The court’s focus in making custody decisions is the welfare of the child. Subject to that paramount consideration, the court will consider the wishes of the parents and the wishes of the child. The court does, however, make a presumption (which can be rebutted, with evidence, in court), that it is for the good of children under the age of 7 to be with the mother (see section 88(3)). In making an order of custody, the court will, under section 89(2), consider conditions with respect to: the child’s manner of education, upbringing or the religion in which they will be brought up; where the child will reside, and; temporary care under someone who has not been awarded custody.

In Malaysia, the law governing joint venture agreements is primarily found in the Contracts Act 1950 and the Companies Act 2016. Under the Contracts Act 1950, a joint venture agreement is essentially a contract between two or more parties who agree to combine their resources for a specific purpose or project. The agreement must be entered into voluntarily by all parties and must have a lawful object. The terms and conditions of the agreement are binding on all parties, and any breach of the agreement can result in legal action. In addition to the Contracts Act 1950, the Companies Act 2016 also governs joint venture agreements involving the formation of a company. If the joint venture involves the incorporation of a company, the provisions of the Companies Act 2016 relating to the formation, registration, and governance of companies must also be complied with. It is important for parties to a joint venture agreement to carefully consider the terms and conditions of the agreement, includ

 WELL YES! A republication of a defamatory statement is also considered to be defamatory. In the case of YB Hj Khalid bin Abdul Samad v Datuk Aziz bin Isham & Anor [2012] 7 MLJ 301, the High Court quoted Gatley on Libel and Slander (8th Ed), at p 117 which states that "every republication of a libel is a new libel and each publisher is answerable for his act to the same extent as if the calumny originated with him". Accordingly, every repost or share of a defamatory statement is considered a new publication because those who do so are deemed to have approved, endorsed or repeated the same. This position was reiterated in the recent Court of Appeal case of Raja Syahrir bin Abu Bakar & Anor v Manjeet Singh Dhillon and other appeals [2019] MLJU 75. Therefore please be careful with what you share in social media as this can land you in very expensive litigation.

         Answer is: YES Here is a write up on the important criteria to look out for in admitting WhatsApp communication as evidence in court: Firstly, the safest course of action would be to produce the original WhatsApp messages as they appear on the witness’ phone. Secondly, parties may choose to rely on a combination of both screenshots of the messages in question as well as the exported text versions of the conversation, for completeness. Thirdly, parties should make an effort to obtain corroboration of the evidence in the WhatsApp conversation. This may include producing the witness of the other party to the conversation and having them produce their end of the WhatsApp conversation as corroboration. Adducing other relevant and contemporaneous evidence of the matters referred to such WhatsApp conversations is, of course, trite and good practice. Ultimately, what is clear is that WhatsApp evidence should, ideally, not form the linchpin of any party’s case in Court, given the vario

FIRST THINGS FIRST, GET LEGAL ADVICE IMMEDIATELY! Whether you are a business owner and your business is being sued or an individual facing a personal legal dispute. Most important thing to do is to see a Lawyer and seek advise IMMEDIATELY. This is because many people do not know that you only have 14 days from the time you receive a court summons to file something called "appearance". Hence, it is not wise to ignore a court summons. "No the court will not throw out the case against you if you do not attend court or do the necessary" In fact, Judgment in default can be entered. Hence, act fast and please do not delay and wait till the return date to the court which will be stated in most documents. There are things to do even before that. As a lay person you may not know what you should do according to the given Rules and Regulations governing a Court Proceedings.  Seeking professional help will save you and your business from many other troubles which can be a costl

  Hello All! Good evening!  Being a law practitioner for more than 12 years now, the above is the one of the most common question I am asked by clients. To answer the question, you need to first understand the terminology and ubderstand the difference between professional legal fees  and court awarded costs at the end of a case.  Legal Fees are what you pay your lawyer to carry out the work for you. Court Costs are what the court usually award you when you succeed with your claim or defence. The losing party pays the winning party. Court Costs are supposed to reimburse you for expenses incurred in your case in court. The idea is that you are entitled to be reimbursed since were successful in your claim or defence. However, Court Costs only cover expenses incurred related for court related matters only. You may have spent a great deal in investigating and preparing for the court proceedings, but not all the expenses incurred for preliminary work done can be claimed. Generally, you do no