1. Kaedah-Kaedah Memulakan Tindakan Sivil di Mahkamah Sivil: Tinjauan terhadap Kes-Kes Terkini.
- Author
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HUSNA MAZLAN, NOOR ANISAH, KHALID, NURUL NISA', and ISMAIL, SHAHRUL MIZAN
- Subjects
CIVIL procedure ,TORTS ,LEGAL judgments ,COURT rules ,JUDGES ,ARBITRATORS ,SUMMONS - Abstract
A civil action is a dispute of law and a dispute of fact between two or more parties seeking remedies for injury or damages suffered due to wrongful act by one of the parties. The purpose of civil action is for the Plaintiff or the injured party to seek compensation or damages. Pursuant to Order 5 Rule 1 Rules of Courts 2012, to commence proceedings, it must be commenced either by way of Originating Summons or Writ. As for proceedings with a serious dispute of fact, it shall be instituted by Writ. Meanwhile, as for proceedings for which an application is to be made to the Court or a Judge, it shall be instituted by way of an Originating Summons. The objective of this study is to review cases decided since the past five years and to analyse the latest developments related to court judgments on the method of commencing civil action. This study is conducted qualitatively, which involves data analysis and review of the previous and latest cases. From the analysis, three main progresses have been identified namely the Court allows the conversion when there is no injustice prejudicial to the parties, the Court rejects application to convert without strong reason and the Court is likely to allow the conversion if it involves property issues. Therefore, this article will elaborate in detail on the definition of civil action, relevant provisions from Rules of Court 2012 and the latest developments of Court judgments on cases involving methods of commencing civil action. [ABSTRACT FROM AUTHOR] more...
- Published
- 2023
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