DISCLAIMER:
this note is merely for revision purposes.
any defects of facts will be not amount to any liabilities
one of the statutory provision
based on Malaysian Legal System
2. Definition:
The approach that requires judges to
seek, and promote, the purpose
underlying the legislation.
NMA/LWB01B/2010-1011
3. Background:
• Too general or too complex
• Indeterminate wordings
• Imprecision wordings
NMA/LWB01B/2010-1011
4. Authority:
Section 17A of Interpretation Act 1948 & 1967:
In the interpretation of a provision of an Act, a
construction that would promote the purpose
or object underlying the Act (whether that
purpose or object is expressly stated in the Act
or not) shall be preferred to a construction
that would not promote that purpose or
object.
NMA/LWB01B/2010-1011
5. Case 1:
United Hokkien Cemetries, Penang
v
Majlis Perbandaran, P Pinang
[1979] 2 MLJ 121
NMA/LWB01B/2010-1011
6. Issue:
Whether a columbarium, a place
where urns of cremated ashes of the
deceased is kept, could be such
building?
NMA/LWB01B/2010-1011
7. Held:
Per Chang Min Tat FJ:
I see no reason therefore why the same
interpretation should not be extended to a
columbarium and the repose of the ashes of
the departed kept in their honour and in
memory of them should not be regarded as a
religious worship.
NMA/LWB01B/2010-1011
8. Case 2:
DYTM Tengku Idris Shah ibni Sultan Salahuddin
Abdul Aziz Shah
v
Dikim Holdings Sdn Bhd & Anor
[2002] 2 MLJ 11
NMA/LWB01B/2010-1011
9. Fact:
Writ of summons
&
statement of claim
Defence
&
counterclaim
NMA/LWB01B/2010-1011
10. Issue:
Whether the plaintiff was Ruler for
purpose of Article 181, 182 and 183
of Federal Constitution?
NMA/LWB01B/2010-1011
11. Held:
Per Haidar FCJ:
it is clear that only the Rulers and not the
persons exercising the functions of the Rulers
have the exclusive recourse to the special
court.
NMA/LWB01B/2010-1011
