Why You Need To Retain Lawyers in your Business?
The reasons for hiring a lawyer to advise you the legal aspects of your business are apparent. A skilful lawyer will provide your company with all vital assistance your business may need from copyright and trademark advice to formal incorporation of your business. Your lawyer can also advise you of possible lawsuits and liabilities your company is facing in your business. Don’t wait until being sued and then get a lawyer. Matters will be very complicated by then and it can be very costly after being sued. You need to remember that it is easy to get into court, but, very difficult to get out of court once you are entangled with legal problems affecting your business. You may need to know on how to hire or retain a lawyer on monthly or annual basis to keep your company out of trouble. It is not expensive to retain a lawyer that way, but, it will be a very expensive affair once you are in court. Whether your company is big or small, it doesn’t matter, but, the larger you company is, the more problems your company will face. You may need lawyers to advise you on your company’s lawsuits, to […] read more
ADMINISTERING JUSTICE – STATE AND CITIZENS
An Article by Voon Lee Shan The state owes a duty to the citizens to protect their lives, liberty and property in reciprocal for allegiance of citizens to the state. If the state through her officers who are custodians and trustees of our law can act anyhow and or at their whims and fancies, then the institution of good governance and democracy will collapse and will throw the country in chaos and anarchy. Any malicious, scandalous and vilified act caused to a citizen and his family can also happen to officers and their families, friends and relatives of officers who got the guts to clothe themselves with tigers’ hides to abuse their powers to the detriment of country and citizens. The swords can also be near to their throats too if they act irresponsibly to bring country to chaos and anarchy. To government officers who got the guts to clothe themselves with tiger’s hides and abuse their powers to the detriment of country and citizens, the swords can also be near to their throats too if they act irresponsibly to bring this country to chaos and anarchy. As loyal citizens and officers of the state we may wish to know […] read more
When Can Police Officers Arrest Without a Warrant?
What would be your immediate reaction if a police officer approached you with intent to arrest you? Would you not think that officer should be armed with a warrant of arrest to arrest you? Sorry, not in all case a warrant is needed because police officers in certain circumstances can arrest without any warrant. It has to be observed that although there are provisions under the law giving powers to police officers to arrest without a warrant, an arrest without a warrant should not be made a rule and in each and every case, for the power given is only permissive and not obligatory. It is only when obtaining a warrant of arrest from a magistrate would involve unnecessary delay which might defeat the arrest or which would cause unnecessary delay in effecting the arrest that an arrest without warrant can be justified [ Bir Bhodra v. D.M. Azamgarh, 1959 Cr.LJ 685 (All). Thus when the incident took place long before the arrest was made and the person who was to be arrested was a fairly known person, the arrest in such a case without a warrant calls for some explanation and if no explanation is offered, it cannot be […] read more Can Police Take You Back to Police Station Once Bail Been Granted?
Many times we could find our friends and family members after being charged in court and been released on court bail or been released unconditionally being re-arrested by the police or by law enforcement officers outside court for the same offence based on the same facts. This happened to Jones. Some weeks ago, Jones was arrested by the police, produced in court and was charged for wrongfully confining James with intent to extort some property from James before a magistrates’ court. Jones was released on court bail after a date for trial was fixed, but, instead of being allowed to go home, Jones was re-arrested without a warrant of arrest by the police for the same offence of which Jones was charged and was taken to the Criminal Investigation Department for photographing and fingerprinting. Jones spent a few hours in the police station before being allowed to go home. On the day the case was fixed for trial, Jones came before the Magistrate court again and was discharged by the court unconditionally after the prosecution offered no evidence against him on the ground that Jones never committed the offence alleged. Jones’ reputation was tarnished and after consulting his lawyers, Jones […] read more Should we abolish death penalty?
Many countries in the world have abolished the death penalty, but, why Malaysia still cling on to death penalty as a form of punishment when many other countries had done away with it? We have several offences in statutes that provided for death penalty in Malaysia which include, murder and waging war against the King under the Penal Code, kidnapping for ransom under section 3 of the Kidnapping Act 1960 and trafficking dangerous drugs under 39B of the Dangerous Drugs 1952. Upon being found guilty, most death penalties are mandatory and the trial Judge has no discretion at all when come to sentencing to consider other range of possible sentences such as imprisonment in accordance with the circumstances of each and individual case. The sentence of death has been fixed by Parliament. It has been argued before the court that the death penalty is unconstitutional as it takes away the discretionary power of the Judges when passing sentences. No amount of mitigation put forward and sympathy from judges could this be changed. In handling criminal cases, the worst fear is that judges may hang an innocent person accused who never committed the crime charged. The famous case of Karthigesu some […] read more What Risks You Face If You Sell Off Your Car When You Could Not Carry On Payments of Installments?
Here is the story… James faced financial problem and could not continue the repayment of the installments of his car. In order to avoid his car from being repossessed and be auctioned off cheaply by the finance company, James, then sold his car to John cheaply with a condition that John has to continue the repayment of the remaining installments to the finance company. John was very pleased to have the car because it was a good new car, yet, been sold cheaply by James to him. Relevant transfer forms were pre-signed by both James and John and the transfer could not be effected pending repayments of all installments due to the finance company. Three months later on, John defaulted and did not continue paying on behalf of James the remaining installments to the finance company. The finance company then issued a demand letter to James to pay the installments due to the company. This then was also followed by a notice to repossess the car by the finance company to James. John could not be traced and the car was also gone with him. James was very desperate as James also could not pay. Further, James also thought that […] read more 