Search Results - "Stay of proceedings"
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Stay of proceedings in Malaysia a lis alibi pendens / Norfini Saad
Published 1987“…A stay of proceedings has always been a controversial issue in the field of law. …”
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The abuse of the due process doctrine
Published 2015“…Key words: Abuse of Court Process, stay of proceedings.…”
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Entrapment defence in Malaysia / A.H. Mohamad Zulkifli Abdul Hamid
Published 2004“…This must, therefore, inevitably mean that in setting standards of fairness, a court in a particular case must consider whether to condemn them by resort to its common law power to stay the proceedings or exclude the evidence. But, in cases which involved informer or agent provocateur, a distinction must be made to divide the line between a mere informer and a particeps criminis, that is the degree of the persons participation or a person who enticed another to commit crime. …”
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Relevancy of ouster clause in Malaysia in regards to human rights and natural justice in administrative law / Amanina Ghazali … [et al.]
Published 2013“…Section 33B of the Industrial Relations Act 1967 states that (1) Subject to this Act and section 33A, an award, decision or order of the Court under this Act (including the decision of the Court whether to grant or not to grant an application under subsection 33A(1)) shall be final and conclusive, and shall not be challenged, appealed against, reviewed, quashed or called in question in any court. (2) Subject to section 33 A, no award of the Court for the reinstatement or reemployment of workman shall be subject to any stay of proceedings by any court. Therefore, this research paper will be focusing to the issues arising from the application of the ouster clauses. …”
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The abuse of the due process doctrine
Published 2015“…In England, although entrapment is not a defence – the judiciary has adopted the ‘abuse of due process’ doctrine to overcome the unjust effects of admitting such evidence by staying the proceedings. Recently, in Wan Mohd Azman bin Hassan v PP [2010] 4 MLJ 141, the Federal Court was asked to consider receiving the doctrine, it was reluctant to do so. …”
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