Monthly Archives: April 2014

Landlord and Tenant Disputes In Malaysia

LANDLORD AND TENANT DISPUTES IN MALAYSIA

a)            One of the common cause for  landlord and tenant disputes in Malaysia is when the tenant refused to pay the rental. When this happened most landlord would want to know what are the reliefs available to them in law.

b)            The first thing that the landlord will need to decide is whether he still want to continue to let the property in question to the tenant or he want to terminate the tenancy and take back the property.

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Wedding Expenses In Divorce Proceeding

 

  1. There are times when a party would want to claim for wedding expenses in divorce proceeding against the opposing party in addition to asking for the Court for an order to dissolve the marriage.
  2. One of the probable cause for the party concerned to ask for this relief is when he or she feels that the other party had caused the marriage to break down and hence the other party should reimburse him or her for the wedding expenses in divorce proceeding
  3. The next question to be answered is whether the claim for wedding expenses in divorce proceeding is sustainable in law and this brings us to the Law Reform (Marriage and Divorce) Act 1976 (Act 164) which is the primary legislation regulating marriages and divorces for non-muslims in Malaysia.
  4. It is important to note that the Law Reform (Marriage and Divorce) Act 1976 (Act 164) provided clear provisions on the issue of maintenance of spouse, property divisions and custody of children but there is no provisions whatsoever stated in the said Act that allows for the parties in divorce proceeding to claim for wedding expenses incurred.
  5. References was also made to the following point of reference but it is also unfortunate to note (the writer stand to be corrected) that it does not made any references to the issue on whether the claim for wedding expenses in divorce proceeding has ever been allowed in Malaysian Court. 

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Judgment in Default of Appearance in Malaysia (setting aside)

 

Judgment in Default of Appearance in Malaysia

(i)            A Judgment in Default of Appearance in Malaysia or commonly referred to as Penghakiman Ingkar Kehadiran in Bahasa Malaysia is a judgment entered against the defendant after it was proved to the satisfaction of the Court that the Writ of Summons was served on the defendant but the defendant have failed to appear or file a notice of his appearance in Court within the permitted time.

(ii)          Assuming that someone had served you with a Judgment in Default of Appearance, the next step for you to do now is to set aside the judgment in default of appearance but the question would be how is it possible for you to do so and what is the laws governing in setting aside judgment in default of appearance in Malaysia.

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