The Young Solicitor

The category of workers included in the First Schedule are any person, irrespective of his occupation, who has entered into a contract of service with an employer under which such person’s wages do not exceed RM2,000 a month, and any person who, irrespective of the amount of wages, has entered into a contract of service with an employer and amongst others, is engaged in manual labour or is engaged as a domestic servant. An ‘employer’, is defined as ‘any person who has entered into a contract of service to employ any other person as an employee, and includes the agent, manager, or factor of the first mentioned person.  Overtime payments are governed by the Employment Act and only workers who earn relatively low wages are entitled to the statutory entitlements under the EA, Scale of wages for employer to pay Overtime payments to theirs employees. (refer to   Schedule 1 of Employments Act - details on the definition of “employee” protected under the Act)    Employees

1.Sijil Faraid (inheritance certificate) is a document which determines the beneficiaries and the allocated portion of inheritance that the beneficiaries shall later receive under syariah law. It serves to assist the administrator in distributing of the inheritance to the rightful beneficiaries according to the right portion. In the case of   Khairuddin bin Abd Rahman & Ors v Malayan Banking Berhad   [2014] MLJU 950 , the Court held the following:  

Facts Based on an application form signed and submitted by the Defendant, a personal financing facility known as the Plaintiff’s Personal Financing- for the sum of RM56,000.00, was granted to the Defendant. This facility was granted through the Plaintiff’s Offer Letter dated 16.4.2010 and Facility Agreement dated 20.4.2010. After all the necessary documents, paperwork and forms were processed, a sum of RM56,000.00 was credited into the Defendant’s account on 20.4.2010.   The failure of the Defendant to pay her monthly instalments prompted the Plaintiff to issue a Letter of Demand via its solicitor dated 22.4.2011. Another Letter of Demand was issued on 1.11.2013. Receiving no feedback from the Defendant, a Summons and Statement of Claim was filed against the Defendant on 25.6.2014 for the sum of RM114,176.66. The Defendant filed in her Statement of Defence denying any knowledge of the facility, the receipt of the monies and further claimed that her signatures were forged.

Penghakiman Ingkar adalah suatu penghakiman yang diperolehi oleh Plaintif terhadap Defendan selepas Defendan ataupun peguamcaranya gagal memasukkan kehadiran mengikut Aturan 13 Kaedah-Kaedah Mahkamah 2012 ataupun gagal memfailkan Pernyataan Pembelaan mengikut Aturan 19 Kaedah-Kaedah Mahkamah 2012.

Defamation exists when there is a publication which has a tendency to lower the person’s reputation or to cause him to be shunned or avoided by reasonable persons in society, and thereby adversely affecting his reputation. [1]  

In applying for a removal of caveat by a registrar, the applicant must use Form 19H accompanied by a prescribed fee . Upon receiving the application/Form 19H, the registrar shall serve the caveator with a Notice of intention to remove in Form 19C and make endorsement that Form 19C has been served to the caveator on the title, which must be signed and sealed. The caveator, upon receiving Form 19H must serve to the Registrar with an Order from the court to extend the caveat within 2 months from the date Form 19C was served to him. After the expiry of 2 months, if the caveator failed to serve the Order for extension, the Registrar shall cancel the caveat. The caveator cannot file another caveat on the same land after the registrar had cancelled the said caveat. (Further Reading: S.326 of the NLC 1965)