When starting any form of legal proceeding there will always be a reason when anything that is done or left undone or have failed to comply with the requirements, in such cases the failure shall be categorized as an irregularity. If this happens then the person will usually take the next step by issuing a “Letter [...]

Let’s first define what a crime is; generally a crime is an illegal act or offense that is punishable by law. The offence or crime that has been carried out is under common law or under any Act of Parliament and this also includes an attempt to commit the crime of the offence. The crime that [...]

Let’s start by first defining what an investigation is, in law terms an investigation basically means to conduct an official inquiry and close systematic examination. An investigation is conducted for the purpose of establishing a probable cause and it will usually begin before a charge is brought against that particular person. Only a person that has [...]

Let’s start by defining what a bail is; it is basically the release of the accused or an appellant but they are required to pay a certain amount that the court has specified to ensure that the accused will appear in court on the appointed date. There are basically four types of bails which include bond [...]

Let’s begin by defining what an arrest is, there are a wide range of definitions for the common term ‘arrest’ but it will usually means a lawful seizure. An arrest here would include a seizure or physical contact with a person’s body for the purpose of holding or keeping the person that has been accused in [...]

Let’s begin by first defining what a civil litigation is; it can be basically defined as any disputes sued in the court of law that does not involve a criminal prosecution. Examples of criminal prosecution includes kidnapping, murder, drug trafficking and in such cases the legal action is taken by either side of the local, state [...]

When starting any form of legal proceeding there will always be a reason when anything that is done or left undone or have failed to comply with the requirements, in such cases the failure shall be categorized as an irregularity. If this happens then the person will usually take the next step by issuing a “Letter [...]

A substituted service is basically an advertisement that has been made in the court and you would normally find such advertisements in the local daily newspaper. For example you will find these kinds of advertisements in The Star, Borneo Mail, News Straits Time, Daily Express and so on. You can only apply to serve the summons [...]

All the summons as well as the proceedings shall be heard in open court, however if neither the plaintiff nor the defendant shows up on the date for the hearing then the case may be struck out without prejudice by the court. The case can be restored but it will be under the discretion of the [...]

After the judgment has been made in favor of one particular party and they are represented by a solicitor, then a copy of the draft of the judgment will be submitted to the solicitor that is representing the other party, if any. The solicitor would then need to return the copy within 2 days after acknowledging [...]

A writ of execution includes a writ of delivery, a writ of seizure and sale as well as a writ of possession. The writ of delivery is used to recover movable property or to assess its value; this is used when a judgment or order for the delivery of that particular movable property or the payment of [...]

et’s start by explaining what garnishee proceedings is, in monetary claims the judgment debtor is basically the person that is against the judgment or the order that is made or given. But usually it is known as the losing party. The other party that has won the case is known as the judgment creditor and the [...]

You find it rare especially in Malaysia to see a judgment enforced by order of committal. But an order of committal is basically a method of enforcing a judgment where an order is obtained to send someone to prison. The order of committal is usually sought when someone has committed contempt of the court, for example [...]

Let’s begin be defining what a prohibitory order is first, in monetary claims the judgment debtor is the person that is against the judgment or order that has been made or has been passed down. But basically it is generally known as the losing party. The other party is known as the judgment creditor and the judgment [...]

Winding up is also known as liquidation, this is where a company is unable to pay its debt and when this happens the company is insolvent. But winding up basically means that the under company laws, an insolvent company would then need to discharge its liabilities. And in order for them to do this the control [...]

In terms of monetary claims the judgment debtor is the person that is against the judgment or the order that has been made or given. In layman’s term it is basically the losing party. The other party is known as the judgment creditor where the judgment is obtained so that there is payment of the money [...]

In terms of monetary claims the judgment debtor is the person that is against the judgment or the order that has been made or given. In layman’s term it is basically the losing party. The other party is known as the judgment creditor where the judgment is obtained so that there is payment of the money [...]

Let’s begin by defining what bankruptcy is, it is basically a way to deal with the debts that you are unable to settle and when they fall due. The bankruptcy proceedings will then allow you to free yourself from the excessive debts that will result in allowing you to make a fresh start. However there of [...]

Let’s begin by defining what an accident is; basically an accident is an unfortunate and undesired event. When this occurs it will usually result in a loss, personal injury or damage. Examples of an accident can be collision, loss of life, injury to any person, disablement and material damage or expenses that the innocent party will [...]

It is best recommended that you try to stay calm after experiencing an road accident, usually most people in such situations will panic and therefore too shaken to think logically and the only thing that they usually worry about is the damages. In situations where the damages are minor then both the parties will usually prefer [...]