Malice in Defamation, What Do You Know About Malice? To what most people could understand, malice is a nasty feeling of wanting to hurt another person. In legal application, the term malice is very comprehensive and applies to any legal act that is committed intentionally without any just cause or excuse. There is no need to show personal hatred or ill feelings, but, the most important element is the state of mind, that is, reckless disregard of the law in general and of the legal rights of others. For example, a person can be liable for malice by slandering another who is a non-drinker an alcoholic in front of his or her friends or colleagues. By labeling that person as an alcoholic, the person’s feeling can be hurt, whether or not you indeed are aware would harm him. Your simple act of recklessness can cause you into trouble! There is no need for any definite intent to do harm! This is contrary to nasty feeling of wanting to hurt someone! So, when with friends, especially with strangers in the presence of others, one needs to be careful in one’s speech. When the person’s feelings are hurt, he can accuse you […] read more 
Defamation, What you need to know
Malice in Defamation, What Do You Know About Malice? To what most people could understand, malice is a nasty feeling of wanting to hurt another person. In legal application, the term malice is very comprehensive and applies to any legal act that is committed intentionally without any just cause or excuse. There is no need to show personal hatred or ill feelings, but, the most important element is the state of mind, that is, reckless disregard of the law in general and of the legal rights of others. For example, a person can be liable for malice by slandering another who is a non-drinker an alcoholic in front of his or her friends or colleagues. By labeling that person as an alcoholic, the person’s feeling can be hurt, whether or not you indeed are aware would harm him. Your simple act of recklessness can cause you into trouble! There is no need for any definite intent to do harm! This is contrary to nasty feeling of wanting to hurt someone! So, when with friends, especially with strangers in the presence of others, one needs to be careful in one’s speech. When the person’s feelings are hurt, he can accuse you […] read more Have you been maliciously prosecuted in Court?
“It Was Malicious Prosecution! See you in Court!” Sitting in a coffeeshop, a man who was seen very angry told his friends who were having some drinks with him that he wanted to sue the police officer who brought embarrassment to him by bringing him to court after both argued over a parking space. This man said, “I wanted to park at the parking space, suddenly the police officer, who at that time was not in uniform, stopped my car from parking my car at the parking space. I only came to know he was a police officer after he handcuffed me in the presence of wife. There was a big curious crowd at that time and I was very embarrassed and helpless.” One of his friends sitting with him then asked, “Why not you say that he had no authority to stop you.” “How can I?” the man replied, “He was a police officer! The police officer said he had reserved the parking space for his girlfriend who would be coming on the way soon! Another friend after some vulgar words by him said “You must teach this police officer a lesson! He had abused his power!” The friend […] read more ARRESTING A SHIP! DARE YOU?
How to arrest a ship? When a claimant’s goods on a ship is damaged during shipment to the claimant’s destination or if the claimant feel that there is a valid maritime claim and seek to arrest the ship, the claim need to be filed in soonest possible in court. An affidavit to support the claim must be filed to court before a warrant to arrest the ship be issued. The affidavit must consist of a written statement of facts and belief with the sources and grounds thereof giving rise thereof of evidential requirement for the arrest of the ship. At the same time the affidavit must also state certain specified details, such as the nature of the claim and bare assertions are not sufficient – see The Courageous Colocotronis [1978] 2 MLJ 184. The affidavit must also state the parties’ details and the name of the ship to be arrested. There must also be a full and frank disclosure of all material facts for the issue of the writ and warrant of arrest. – see The Hoe Lee 1 MLJ 45; The Andria [1984] 1 All ER 1126. If it is found that the claim is valid, the court may […] read more LEGALITY OF BARRICADES BARING ENTRY INTO DATARAN MERDEKA
We think the recent Phohibitory Order obtained by the Bandaraya against the organizer and participants of Bersih 3.0 is illegal, or at least improper for four reasons: (1) Procedure for Obtaining Prohibitory Order is Incorrect Was the procedure taken by the Bandaraya for a court order to be issued to bar the Bersih 3.0 participants or by members of the public to enter Dataran Merdeka in a recent assembly correct and proper in law by Ex-Parte Application to the High Court? If it was true that the Prohibitory Order was obtained as a result of an Ex-Parte Summons to bar Bersih 3.0 participants and or members of the public to enter Dataran Merdeka during the Bersih 3.0 organized assembly, then, it would be arguable that the procedure taken was improper and unjustified, especially, when the Bandaraya had notice or knew that an assembly had been organized by Bersih 3.0 and the organizers are known to the Bandaraya, then, there is no reason that the application was not by Inter-Parte Summons. (2) Deprived of Right To Be Heard By going Ex-Parte, if this was done, in the circumstances had deprived the right of Bersih 3.0 organisers the right to be heard, […] read more 