When a Loan is Disguised as a Sale — When Valid Documents Are Used to Deceive
GHANDI RAJAN A/I ARJUNAN & ANOR v YOW MAN KONG @ SENTHIL KUMAR [2022] MLJU 681 When there’s a written agreement, all the signatures are in place, documents are registered, and lawyers are involved, most people will assume everything is secure. There’s a Sale and Purchase Agreement, transfer forms, proper paperwork. On the surface, it […]
When There Is No Body — Can Murder Still Be Proven?
PATHMANABHAN A/L NALLIANNEN & ORS v PP [2013] 5 MLJ 867 Without a body, many assume there is no murder. No corpse, no certainty. And when the final physical proof is missing, people think the case must collapse. The reality is this: truth does not always come in the form of a body — it […]
When Charges Are Too Vague — And Justice Becomes the Victim
TAN SENG HUAT v PUBLIC PROSECUTOR [2025] MLJU 1620 There is a common assumption that as long as a charge exists, a trial must proceed. As long as allegations are made and documents are questioned, the accused must answer in court. In reality, it is not only what is alleged that matters — how a […]
When Minority Shareholders Are Pressured — And When Share Promises Turn into Legal Disputes
VENKATESWARA RAO A/L KRISHNAN v FWG GLOBAL SDN BHD & ORS AND ANOTHER SUIT Holding a minority shareholding does not mean having to stay silent and swallow every decision made by the majority. Nor does it give the majority a free licence to do whatever they please under the excuse of “we have the numbers.” […]
When the Civil Case Goes First — The Right to Remain Silent Becomes the Victim
PORT KELANG AUTHORITY v DATIN PADUKA PHANG OI CHOO @ PHANG AI TU (TAN SRI DATUK G. GNANALINGAM & ORS, INTERVENER) [2016] MLJU 1605. This case concerns a highly sensitive situation, yet one that frequently arises when high-profile individuals and large financial matters are involved. An individual was sued in a civil action by a […]
The Battle Over a Joint Account — When “Your Name Is There” Is Mistaken for Absolute Ownership
Wan Badaruddin bin Che Wan Basor Ali v CIMB Bank Bhd & Anor A name on a joint bank account is often mistaken as an automatic ticket to ownership when one party passes away. When the bank allows the surviving account holder to withdraw the money, it is immediately assumed to be legally theirs. Add […]
Buying land from just one co-owner — not always safe
PETER CHONG & ANOR v KHATIJAH BT MD IBRAHIM & ANOR Many people assume that if someone’s name appears on the land title as an owner, they are free to sell their portion as they wish. But land law is not that simple — especially when the land is held under joint tenancy. This case […]
Business promises do not automatically amount to defamation or fraud
IJM CONSTRUCTION SDN BHD v LINGKARAN LUAR BUTTERWORTH (PENANG) SDN BHD & ANOR IJM CONSTRUCTION SDN BHD v LINGKARAN LUAR BUTTERWORTH (PENANG) SDN BHD & ANOR [2024] Many people assume that when one party makes a promise during business negotiations and the deal later falls through, it automatically means there was deception. In reality, the […]
Company Shares: A Genuine Gift or “Held in Trust”?
Tan Bak Lee v Chen Siew Lee & Ors [2025] MLJU 3567 Have you ever placed assets or company shares under the name of your spouse or family member out of trust? Many people do this believing that personal relationships are sufficient protection. However, in the eyes of the law, trust without clear written documentation […]
You can be sued for doing nothing — but that doesn’t mean the case will succeed
Mohd Amar bin Mohamed v Shahrul Kamal bin Roslan & Ors Many people think: “I didn’t hit anyone. I was just there.” Or, “I didn’t do anything. I was just watching.” This case shows an important point: not everyone who is accused can be dragged into court without a proper legal basis. This case arose […]