CLP Classroom

Section 32(1)(b) and section 73A are both hearsay exceptions, but they operate very differently — one is a strict rule for unavailable makers, while the other is a flexible civil procedure provision for documentary evidence.

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This episode examines whether information admitted under section 27 of the Evidence Act must satisfy the voluntariness test in section 24, and how Malaysian courts balance discovery-based truth against fairness in criminal trials.

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In this episode, we explore whether Malaysian law recognises the idea of constructive arrest, and why courts focus on factual restraint of liberty rather than labels or formal words of arrest.

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This episode explains the key differences between a summons and a warrant, and why the law treats voluntary attendance and compulsory arrest as two very different legal responses.

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In this episode, we explain what a consent order really is — a court-endorsed agreement with contractual and judicial force — and when it can be challenged or set aside. We break down the limited grounds for setting aside a consent order, including contractual vitiating factors and situations where the order is void for lack of jurisdiction or breach of natural justice.

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In this episode, we explain what a submission of no case to answer is, when it can be made, and why it is a high-risk move for defendants in civil trials. We also break down the election requirement, what happens if the submission fails, and why the court must still assess whether the plaintiff has proved its case in law.

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In this episode, we explain how Order 53 rule 5 governs claims for damages in judicial review, why damages are not automatic, and when an applicant must show an independent cause of action. We also discuss why courts treat damages as ancillary relief and when a separate civil action may still be required.

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In this episode, we explain how assignment works when strata title is not yet issued, why HDA properties follow a statutory notice-based regime under section 22D, and how assignment for non-HDA properties is governed by contract. We also discuss consent, administrative fees, and when charges imposed by developers can be challenged as unreasonable.

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In this episode, we walk through the full journey of buying a condo in Malaysia, from paying the booking fee and signing the SPA, to vacant possession, strata title issuance, and final perfection of transfer and charge. We explain what rights you actually have at each stage and how bank security changes along the way.

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In this episode, we explain how a lien is created by deposit of title and intention, why an equitable lien and a statutory lien lead to very different enforcement routes, and how lodging a lien-holder’s caveat under the National Land Code changes everything.

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When does a chargee need to send Form 16D or 16E ? Is there a difference between both of them ? Will the wrong form sent amount to cause to contrary ?

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Can a party claim compensation pursuant to S386 NLC relying on the wrong information supplied on a public search S384 ? What are legal principles in the case of Pendaftar Hak Milik v Poh Yang Hong ?

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If a bank has already obtained order for sale, does the Limitation Act stop them from fixing new auction dates later on ?

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What are the common law rules in admission of audio recordings in court ? What about S90A Evidence Act ?

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What is Interpleader Proceeding ? Do you know there are two types of interpleader proceeding, namely stakeholder interpleader and sheriff interpleader ?

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Nuisance is an unlawful interference with a person's use or enjoy land of land. Do you know there are two types of nuisance - public nuisance and private nuisance ?

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Who is immediate purchaser ? Who is subsequent purchaser ? There have been cases such as Federal Court decision of Setiakon v Mak Yan Tai or the case of Kamarulzaman v Yakub Husin where the judges come up with the analysis that immediate purchaser must be bona fide before protection applies. It's a totally different judicial approaches compared to the analysis in the case of Tan Ying Hong or CIMB v Ambank. 

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What happen in the case of Samuel Naik Siang Ting v Public Bank ? What are the principles of bare trust concept ?

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Ryland v Fletcher is landmark British case that established the strict liability for damages caused by escape of hazardous substance from a person's land. What are the principles in Ryland v Fletcher ?

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Assuming you went to the hospital for a surgery and developed complication afterwards , but you are not sure who caused the medical negligence. What can you do ? You may apply for pre-action discovery against the hospital, seeking medical record to determine potential parties. 

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What is the test for duty of care of tort in Malaysia ? Is it neighbourhood principle test ? Is it Caparo test ? 

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We often heard the term "Bumi lots" ? Are they the same with "Tanah Rizab Melayu" ?

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The Federal Court case of Berjaya Times Square case has attracted much criticism over the past 10 years, and finally there's a case now that overruled it. 

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When can you go for judicial review against a decision of the Disciplinary Board ? Can you go for judicial review an against a decision other than the final decision of Disciplinary Board ?

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Which session court should you file your case ? Does each session court enjoy co-ordinate jurisidiction ?

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Have you ever got a parking ticket and behind it written the words "Park at your own risk" ? What does it mean ?

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From online shopping scams to property deals  — this episode explains fraud and misrepresentation in clear, everyday language, with real examples and how Malaysian law protects you.

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Can a court case be stopped because of an arbitration clause? 

In this episode, we look at Section 10 of the Arbitration Act, the Press Metal case, and how limitation was handled in Bongsor Bina case. 

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Must there be a concluded contract to give rise to caveatable interest ?

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Can the police release an accused under bail after S117 CPC remand order ?

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Can a defendant ask for assessment of damages when the injunction obtained against him was set aside ?

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Can the judge transfer the case to High Court without consent of the Public Prosecutor in capital punishment cases ? Do the principles for transfer under S41A Dangerous Drug Act applies equally to S177A Criminal Procedure Code ?

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How can a foreign lawyer be admitted under S18 Legal Profession Act ?

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How do we determine if a loss is too remote or within contemplation ? What is the rule of Hadley Baxendale ?

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In an application to challenge the decision of public authority, should O53 be the only mandatory procedure for an aggrieved party to challenge the decision of a public body ? Can he proceed by way of writ or originating summons ?

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In a criminal proceeding, when does the judiciary comes into the picture ? Where is the dividing line whereby Public Prosecutor has completed his part and thereby judiciary is being invited into the case ?

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Is bail and bond the same thing ? We tend to use them interchangeably but technically speaking they are different 

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How do you discredit the evidence given by hostile witness ? Must you impeach a hostile witness ?

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What is the procedure for tendering evidence of alibi ? What amounts to defence of alibi ?

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There has been a new amendment with regard to how children give witness recently (March 2025). So what has changed ? Must evidence of children be corroborated ? Are children competent witness ?

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Who is an accomplice ? Should his / her evidence be corroborated ?

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Who is an interested witness ? Should the evidence of interested witness be corroborated ?

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A document produced by computer may be admitted pursuant to a S90A certificate. When will S90A(6) comes into the picture then ?

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The case of Pannir Selvam discussed on quite a few issues that are related to your CLP syllabus, including S340 National Land Code, similar fact evidence, parole evidence rule etc. Let's discuss this case in this episode

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Have you read before the Federal Court case of CIMB Bank v Sivadevi ? How is it related to the Federal Court case of Thameez Nisha v Maybank ?

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The Public Prosecutor has absolute power and discretion to institute, conduct and discontinue a proceeding in court. Is this discretion given under Art 145(3) Federal Constitution subject to judicial review ? 

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What is ID evidence ? Is ID evidence admissible in court ?

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Assuming that prosecution tender a piece of hearsay evidence with no objection from the accused, will this piece of inadmissible hearsay evidence become admissible now ? 

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Siti Aisyah is the well known case on murder of Kim Jong Nam. In this Court of Appeal case, one main issue being deliberated is whether S112 CPC police statement is privilege document and whether those accused may apply to have those statement pursuant to S51 CPC ?

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S51A is a newly inserted section to codified the responsibility of prosecution to submit a list of of documents to the accused before the commencement of the trial. Is S51A mandatory ? Must prosecution provides every single document that he has to the accused under S51A ?

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In 2019, Lokman Adam made a police report and on the same day held a live press conference with respect to the evidence given by a witness in the 1MDB trial. Lokman Adam was then charged for contempt of court. What is contempt of court ? 

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When caveator has wrongfully entered a caveat on the land, is it mandatory for the caveator to pay compensation to the caveatee ? Does the caveatee has to prove anything ?

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Can the Session Court try a counterclaim which exceeds its RM 1million value limit jurisdiction ? Can the Session Court award a claim in excess of Rm 1million in a counterclaim ?

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Can a defendant be added against the wishes of the plaintiff ?

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A witness may not be able to remember the statement he has given to the investigation officer if it was given long time ago.  Can he refresh his memory by  looking at the statement during the trial ?

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When you are confronted with a problem, do you complain first or do you solve it head on ?

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How does the maxim "once privileged, always privileged" relates to S126 Evidence Act ?

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Is it the court or is it the executive that decides that a document relates to affairs of State or not ?

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How true is the statement in the case of Wong Swee Chin that failure of the defence to cross-examine the prosecution witnesses on the matter merely goes to the credibility of their testimony

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Doing something repeatedly the same way and hoping to have a different kind of result is pure insanity. Is there anything else we can do differently ? Do we have options ?

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The term legal burden and evidential burden are used interchangeable in cases and also in legal text book. Is there a difference between them  ?

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Does S114 (g) presumptions apply to accused in criminal cases or defendant in civil cases ? In what kind of scenario may this presumption be invoked against them ?

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When it comes to transfer of cases, can the High Court transfer a case to Session or Magistrate Court ?

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If the prosecution wanted to tender a chemist report as part of the evidence, should he refer to S51A or S399 of Criminal Procedure Code on issue of submission of documents 

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S163 of Criminal Procedure Code provides that for every distinct offence of which any person is accused there shall be a separate charge and every such charge shall be tried separately. If there is more than one offence in a charge, is the irregularity curable under S422 Criminal Procedure Code ?

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There are two very important legal principles in the case of Mok Yii Chen, namely, the admissibility of whats app and email message as well as legal principles with regard to S122 marital communication. Do you know any of them ?

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Are you at the point where you are so done with books and exam ? You just want to get them done. In reality, you don't stop learning until the day you leave this world. Learning never stop, rather focus on improving day in and day out

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The purpose of a caveat is to protect one's legal right and to maintain the status quo. Is a registered proprietor allowed to caveat his own land ?

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Apart from Public Prosecutor, who else may conduct prosecution in court ? Can a government official who is not a lawyer conduct prosecution in court ?

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How do you classify someone as an expert in court ? Is it by academic qualification or is it by work experience ?

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How do you admit CCTV evidence in court ? Can CCTV evidence be admitted under S6 res gestae principle ?

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Have you seen before the phrase "without prejudice " on top of banking or legal letters ? What does it mean ?

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How much do you understand about the case Lee Weng Tuck v PP ? Let's have a look at this case

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Do you multitask ? Are you addicted to multitask ? Does multitask increase productivity ?

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Do you enjoy what you are doing right now ? Maybe you are stucked in a situation where you don't foresee any possible changes or improvement to it . But is that it ? Is there anything we can do about it ?

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In what kind of situations can a private person arrest someone without a warrant ? Which section of Criminal Procedure Code empowers private person to arrest without warrant ?

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Is R137 of Rules of Federal Court another level of appeal ? Is R137 seen in civil procedure same as the R137 in criminal ?

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What is the territorial jurisdiction of criminal High court in Malaysia ? What is the territorial jurisdiction of criminal session court in Malaysia ? 

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Is stay of execution and stay of proceeding the same thing ? Does the court apply the same legal principles

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Let's have a look at the facts and the legal principles of this case ; Standard Chartered v Yap Sing Yoke

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MJ Frozen Food is a landmark case with regard to selling by private treaty and redemption of property by chargor. Let's have a deep analysis on this case in this episode

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Lekchumanan Suppiah is an interesting case with regard to the issue on statutory lien as well as equitable lien. Let's have a deep analysis on the case in this episode

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Do you prioritise things in life ? Is everything a priority to you? If everything is a priority to you, then nothing is. 

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Is the cost awarded at the end of the trial same as cost for legal fees ? What do you understand about O59 Rules of Court ?

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What is pre action discovery ? What are the legal principles on applying for pre action discovery O24 r7A ?

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We often heard about bumi lots especially when you want to buy a house. Are they the same as Malay Reserved Land ?

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Does bare trust concept only come about when full purchase price is paid ? Will the purchaser be able to claim beneficial interest under bare trust concept if only part payment is made ?

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What is Sheriff Interpleader? Is it the same with stakeholder interpleader ?

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We often come across the term res judicata in civil matters. What does it mean? How does a party raise the defence of res judicata ?

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Thoughts are very correlated with emotions. Is there any way we can improve clarity of our thoughts so that the decisions that we made are effective, productive and not affected by any of our emotions ?

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In civil procedure, we often come across the term summary judgement. Is it a judgement ? How do you apply for it ?

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As a lawyer or a law student, we have to read thousands if not hundreds of case law. How can we remember all of them ? Is there a more effective way to read and make notes for it ?

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We were taught that learning is a lifelong process. To acquire new skills and knowledge, we must not stop learning. But to break through the limitation and bottleneck in life, or to achieve greater heights, unlearning is the way forward. So what is unlearning and how do we do it ?

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People always have this stereotype image that when you say you are studying law, then you must be someone that is outspoken, brave, good in memory. But what if you are not. What if you are an introvert, can you still be a good lawyer ?

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What is unjust enrichment ? Is the remedy of restitution under unjust enrichment available for every claimant in a dispute case ? 

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What is JIDA and what is JIDD ? How do they come into the picture of a claim in civil procedure ?

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If an A&S has been struck off the roll, what must he/she do to be readmitted back to the roll again ?

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Can you renew a writ after it has expired ? How many times can it be renewed?

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Everyone wants to be more productive and we all know the routine. 
Make a timetable, wake up earlier everyday, workout, read.....
But I will like to share some not so mainstream ways to set yourself up to be more productive

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What is the difference between linear notes and non-linear notes ? Why is non-linear notes much better and effective than linear notes ?

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