Effective 11 July 2025, the Penal Code (Amendment) Act 2025 and Criminal Procedure Code (Amendment) Act 2025 have officially come into force. These amendments, passed in the Dewan Rakyat on 10 December 2024 and in the Dewan Negara on 16 December 2024, aim to address physical and cyber bullying, in line with the government’s efforts to modernise the criminal justice system. The key highlights are: Introduction of new provisions (Sections 507B to 507G) which specifically provi

AIKBEE TIMBERS SDN BHD & ANOR V YII SING CHIU & ANOR AND ANOTHER APPEAL [2024] 3 CLJ 177 [Court of Appeal] The legal regime within the Strata Management Act 2013 (SMA 2013) permits a developer and/or management corporation to impose different chargeable rates for the maintenance of parcels used for significantly different purposes in a mixed development which comprises residential and commercial parcels within a subdivided building in a single development. Brief Facts This ca

It introduced new sections 424A, 424B, 424C and 424D into the Penal Code :- Section 424A seeks to provide for the offence and penalty for possession or control of any payment instrument of other person or any account of other person at a financial institution without lawful authority or lawful purpose. Section 424B seeks to provide for the offence and penalty for giving possession or control of a payment instrument or an account at a financial institution to any other person

FATIMAH NOORDIN v. CARSEM (M) SDN BHD & ANOR [2025] 6 CLJ 713 (Court of Appeal) Case Digest : A mutual separation agreement entered between an employer and an employee would be deemed involuntary and consequently ineffective if an employee could demonstrate, on a balance of probabilities, that the employer used a “shock and awe” strategy or other coercive tactics to compel the employee to sign the agreement without providing a reasonable period for consideration, legal advice

This amendment aims to provide for a more effective administration of the estate of the bankrupts in Malaysia and to discharge the bankrupts within a short period of time for a better contribution to the development of the country’s economy. It seeks, amongst others, to strengthen the provisions relating to automatic discharge, to dispense with the mandatory requirement of holding the first meeting of creditors, to introduce the use of remote communication technology in the b

PENDAFTAR HAKMILIK, PEJABAT TANAH DAN GALIAN NEGERI JOHOR v. HUAN KOK SY [2025] 2 CLJ 871 (Court of Appeal) Case Digest: [1] In recognising the jurisdiction and authority vested in the Syariah Courts, it is paramount to appreciate the comprehensive legislative framework that forms the foundation of their operation. At the core of this framework is item 1 of the State List, a critical element of Malaysia's constitutional structure, which grants Parliament the authority to enac

This new Act is meant to enhance the national cyber security by providing for the establishment of the National Cyber Security Committee, duties and powers of the Chief Executive of the National Cyber Security Agency, functions and duties of the national critical information infrastructure sector leads and national critical information infrastructure entities and the management of cyber security threats and cyber security incidents to national critical information infrastruct

ACH v. PAY [2024] 2 CLJ 223 [High Court] Brief facts The wife as petitioner and the husband as respondent (‘parties’) had registered their marriage in October 2014 and thereafter resided in their matrimonial home (‘matrimonial home’). In June 2016, the parties were blessed with a son (‘child’). The marriage later deteriorated, leading to the wife and child depart from the matrimonial home. The wife then commences a divorce proceeding by filing a divorce petition. The husband

TEOH KIANG HONG v. THEOW SAY KOW & OTHER APPEALS [2025] 2 CLJ 683 (Federal Court) Case Digest : [1] The dictionary meaning indicated a consensus that recantation is a form of retraction or withdrawal of prior testimony. As far as the Malaysian law of evidence is concerned, neither the word “recantation” nor the procedures related to it are expressly provided for in the Evidence Act 1950. While there is no established procedure for recantation of evidence in Malaysian law, the

SOFIA YUSOF (TRADING AS WARISAN PRESTASI RESOURCES) V. PV POWER ENGINEERING SDN BHD [2024] 2 CLJ 315 [High Court] An agreement through influence peddling and insider information to secure a government project is contrary to public policy. The sale of influence engenders corruption and undermines public confidence in the Government. Instead of considering the merits of each tender, the sale of influence shows a tendency to corrupt where public servants are more plausible to gi

It inserts into the Evidence Act 1950 the provisions relating to the admissibility of evidence of a child witness given upon oath or otherwise and to allow the Court to convict an accused on the basis of the uncorroborated evidence of a child witness given upon oath or otherwise. DISCLAIMER: THE CONTENTS HEREIN ARE INTENDED FOR GENERAL INFORMATION ONLY AND NOT TO BE CONSTRUED AS LEGAL ADVICE. SHOULD YOU HAVE FURTHER QUERIES AND/OR WOULD LIKE TO HAVE THE FULL ARTICLE, KINDLY C

Anas Construction Sdn Bhd v. JKP Sdn Bhd & Another Appeal [2024] 2 CLJ 665 [Federal Court] Brief facts The appellant, Anas Construction was appointed as the main contractor by the respondent, JKP for the construction and completion of a project (‘contract’). In carrying out the project, JKP engaged independent professional consultants to provide a safety report. JKP failed, neglected or refused to pay the consultants’ fees incurred by Anas Construction resulting in the matter

It introduced new section 116D into the Criminal Procedure Code to empower a police officer not below the rank of Sergeant to seize or prohibit the dealing in, any money held or suspected to be held in any payment instrument or any account at a financial institution and to provide for connected matters. DISCLAIMER: THE CONTENTS HEREIN ARE INTENDED FOR GENERAL INFORMATION ONLY AND NOT TO BE CONSTRUED AS LEGAL ADVICE. SHOULD YOU HAVE FURTHER QUERIES AND/OR WOULD LIKE TO HAVE TH

It amends the Construction Industry Payment and Adjudication Act 2012 to provide for the change of name of Kuala Lumpur Regional Centre for Arbitration to Asian International Arbitration Centre and to be in line with the execution of the Supplementary Agreement between the Government of Malaysia and the Asian-African Legal Consultative Organization relating to the Asian International Arbitration Centre in Kuala Lumpur dated 20 February 2024. It introduced the definition of “P

HANDSKAR (M) SDN BHD v. QUBE MEDICAL PRODUCTS SDN BHD & ANOR [2024] 3 CLJ 865 [high Court] Brief Facts The plaintiff, Handskar (M) Sdn Bhd (‘Handskar’) entered into an agreement to purchase gloves from the first defendant company, Qube Medical Products Sdn Bhd (‘Qube’) at the contract sum of USD7.44 million (‘supply contract’). The second defendant is and was the director of Qube (‘director’). Handskar made an upfront payment of 35% of the total contract sum to Qube, with the

The main purpose of the amendment to amend the Companies Act 2016 (CA 2016) is to improve the existing provisions relating to corporate governance framework, scheme of compromise or arrangement and corporate rescue mechanism. Besides, the amendment also seeks to introduce new provisions relating to the reporting framework and disclosure of beneficial ownership information. It introduced a new Division 8A into the CA 2016 relating to beneficial ownership of a company. Section

Tenaga Nasional Bhd v. Transformer Repairs & Services Sdn Bhd & Ors [2024] 1 CLJ 110 [Court of Appeal] Brief facts Zanwa Sdn Bhd (‘Zanwa’) owned a piece of land which was used as a factory for its manufacturing and business operations. In 2011, the appellant/plaintiff, Tenaga Nasional Berhad (‘TNB’) entered into a contract with Zanwa where Zanwa was to supply, erect and commission two units of power transformers (‘two power transformers’) for TNB. The two power transformers w

RHB Bank Bhd v. Richland Leisure Group Sdn Bhd; Ng Seang Heng (Third Party) [2024] 2 CLJ 871 [High Court] Brief facts The plaintiff, RHB Bank (‘RHB’), is a licensed bank in Malaysia. The defendant, Richland Leisure Group (‘Richland’), is a junket operator that has been authorised by Genting Malaysia to operate a Local Group Casino Rebate Programme (‘Casino Rebate Programme’) at Genting’s casino. Under this programme, individuals are enrolled by agents like Richland to partici

It amends the Arbitration Act 2005 (AA 2005) to enhance Malaysia’s standing amongst the global international arbitration community by improving the organisational structure of the Asian International Arbitration Centre in line with the execution of the Supplementary Agreement between the Government of Malaysia and the Asian-African Legal Consultative Organization relating to the Asian International Arbitration Centre in Kuala Lumpur dated 20 February 2024, by harmonizing the

JSB v. ACSB [2024] 1 CLJ 382 [Court of Appeal] Brief facts The Appellant in this case, JSB (‘JSB’) and the Respondent, ACSB (‘ACSB’) were in the preliminary stage of arbitration. The Asian International Arbitration Centre (‘AIAC’) requested both parties under r.6 of the AIAC Arbitration Rules 2018 for payment of a further deposit of the arbitrator’s fees and administrative costs, of which ACSB refused to pay. As a result, the arbitrator terminated the arbitration. JSB then fi