Case Riview: Malaysian Legal System
15thFebruary 2010
Saira Banu
MLS Tutorial: 3-4 pm
Cases
i) Strait Settlements
Reception of English Law
Case
Kamoo v
Thomas
Turner
Bassett
In the Goods of Abdullah
Facts
Pf, a native from
Bengal, had agreed in June
1806 to be employed by the
Df, as a
“khidmuggur” or a table servant in
Penang at a salary of $6/mnth.
Unfortunately,
since his employment, the Pf had been severely ill-treated by the Df.
On July 20, 1907, the Pf was whipped
20 times with a rattan by an order by the Df. Pf complained to the
Police Magistrate,
Df was angered and ordered Pf to be confined and caused the Pf to be tied up to a stake & had him whipped a
100(x), placed Pf under confinement for 2 months and finally dismissed
Pf’s service.
A Muslim, who died in Penang, devises his entire property
Issue
Pf filed an action for assault, battery and false imprisonment against the Df for $600. The
Df denied any liability. Principle
The Charter of
Justice applies retrospectively to civil injuries which have been sustained & crimes which have been committed before the Charter came into existence force. The object of the Charter is to protect the native inhabitants from oppression
& injustice.
Judgement
Verdict for the Pf $150 with costs.
Whether the will is valid?
The Law of
England
introduced into
Court held, applying previous
by a means of will.
According to
Muslim law, a
Muslim can on devise 1/3 his property to nonbeneficiaries.
Reg V
Willans
The resp. Willans, a Police
Magistrate, had refused to try a case involving one
Chivatean, an agricultural labourer who had frequently absented himself from work.
W hether the resp.’s refusal was well founded. W hich in turn depended on whether the statute passed in England in1824 is also applicable in
Penang by virtue of the
Charter of
Justice.
the S.S by the 2nd
Charter had superseded the previous law. Any local inhabitant of the S.S who wishes to leave their property by will in accordance with their personal law must expressly indicate their
Saira Banu
MLS Tutorial: 3-4 pm
Cases
i) Strait Settlements
Reception of English Law
Case
Kamoo v
Thomas
Turner
Bassett
In the Goods of Abdullah
Facts
Pf, a native from
Bengal, had agreed in June
1806 to be employed by the
Df, as a
“khidmuggur” or a table servant in
Penang at a salary of $6/mnth.
Unfortunately,
since his employment, the Pf had been severely ill-treated by the Df.
On July 20, 1907, the Pf was whipped
20 times with a rattan by an order by the Df. Pf complained to the
Police Magistrate,
Df was angered and ordered Pf to be confined and caused the Pf to be tied up to a stake & had him whipped a
100(x), placed Pf under confinement for 2 months and finally dismissed
Pf’s service.
A Muslim, who died in Penang, devises his entire property
Issue
Pf filed an action for assault, battery and false imprisonment against the Df for $600. The
Df denied any liability. Principle
The Charter of
Justice applies retrospectively to civil injuries which have been sustained & crimes which have been committed before the Charter came into existence force. The object of the Charter is to protect the native inhabitants from oppression
& injustice.
Judgement
Verdict for the Pf $150 with costs.
Whether the will is valid?
The Law of
England
introduced into
Court held, applying previous
by a means of will.
According to
Muslim law, a
Muslim can on devise 1/3 his property to nonbeneficiaries.
Reg V
Willans
The resp. Willans, a Police
Magistrate, had refused to try a case involving one
Chivatean, an agricultural labourer who had frequently absented himself from work.
W hether the resp.’s refusal was well founded. W hich in turn depended on whether the statute passed in England in1824 is also applicable in
Penang by virtue of the
Charter of
Justice.
the S.S by the 2nd
Charter had superseded the previous law. Any local inhabitant of the S.S who wishes to leave their property by will in accordance with their personal law must expressly indicate their