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Court’s Power to Restrain Proceedings

Court’s Power to Restrain Proceedings

Section 368 of the Companies Act 2016 governs the power of the Court to restrain proceedings against a company. The Companies (Amendment) Act 2024, specifically in Section 11 of the same, amended certain parts of Section 368 of the Companies Act 2016. Section 368 of...
In the ordinary course of the post

In the ordinary course of the post

Section 12 of the Interpretation Act 1948 and 1967 (“Act”) contains a presumption which applies to any service by post: “Where a written law authorises or requires a document to be served by post, then, until the contrary is proved, service- (a) shall be presumed to...
Bifurcated Trials

Bifurcated Trials

‘Bifurcated trials’ refer to trials that are conducted in two stages – the first stage for the purposes of establishing liability and the second stage for the purposes of assessing damages (assuming liability was established).[1] In Kemajuan Masteron Sdn...
Succession to Intestate Estates

Succession to Intestate Estates

In the event an individual dies intestate, namely without a Last Will and Testament, the Distribution Act 1958 (“DA 1958”) dictates how and to whom the deceased’s estate will be distributed. The first order of business would be to identify whether...