Q. What are the procedures of registering a lease? A. The proprietor and lessee are to execute Form 15A in respect of creating a lease while Form 15B is used Read More …
Author: Thomas Sim E3009
Lease and Tenancies 1
Q. What is lease and what is tenancy? A. A lease is a type of dealing recognised under the National Land Code, 1965 whereby the registered proprietor allows a lessee Read More …
Easement 5 – Application of
Q. What are the procedures of application for easement? A. Section 286 of NLC, 1965 provides that the grant of easement shall be affected by an instrument in Form 17A Read More …
Easement 4 – Cases
Q. Why creation of easement is important? A. Under the National Land Code 1965, in Section 286, an easement can only be created by express grant. It must be registered Read More …
Easement 3
Q. Name 4 essential elements for the creation of an easement. A. The 4 essential elements are: There must be a dominant and servient land. The owner of the dominant Read More …
Easement 2
Q. What is/are the provision(s) under National Land Code for easement? A. Section 205 of NLC has classified easement as part of the dealings thus it has to be governed Read More …
Easement 1
Q. What is Easement? A. An easement is a right or privilege given to a registered proprietor of a piece of land (dominant tenement) to utilise another piece of land Read More …
Interpretation of Law
Zakat and Corporate Tax
Q. Can Zakat be deducted from Corporate Tax in Malaysia? A. Yes, companies are allowed to utilize Zakat payments as tax deduction in Malaysia. For company, effective from YA 2005, Read More …
Zakat treatment for Personal Income Tax
Q. How is Zakat treated in calculating for Income Tax? Provide an illustration to explain the treatment of Zakat in Income Tax Act, 1963. A. Income Tax Act 1963 provides Read More …
Islamic Law in Malaysia
ISLAM IN MALAYSIA TODAY AND ITS IMPACT “The practice of Shariah Laws in Malaysia” by ZAITOON DATO OTHMAN (from: Muslim Lawyers Net) Before I talk on the practice of Islamic Read More …
Islamic Law and Property
Q. How does Islamic Law affect ownership and transfer of Properties? A. This is a question which may be asked in paper ‘Laws relating to Property’ as in syllabus “Muslim Read More …
Equity vs Torrens System
Q.English Law and Equity is not in contradiction with Torrens System. Briefly provide your view. A.The Civil Law Act 1956 expressly provides under Section 6 that English Law and Equity Read More …
English Law and its influences (3)
Q. List out the provision which provides the non-application of English Land Law. Why is it so? A. MIA QE 2013/3 Q1 asked about extend of application of English Common Read More …
English Law and its influences (2)
Q.To what extent is common law or English Law applicable in Malaysia? A.When Malaysia was formed in 1963, there were 3 separate statutes authorizing the application of English Law: the Read More …
English Law and its influences (1)
Q.Which English Law is part of the Malaysian Law? A.The definition of law in Article 160 of the Federal Constitution includes ‘the common law’. This means the ‘common law’ which Read More …
Judicial Decisions (2)
Q. In simple manner, briefly explain the challenges of Stare Decisis in Malaysian Courts with the reinstatement of Federal Court as apex court in 1994. A. Judicial precedent are asked Read More …
Judicial Decisions (1)
Q. What is meant by “Stare Decisis”? What is its basis and how does it apply to the hierarchy of courts? A. Judicial precedent are asked in: MIA QE 2008/3 Read More …
Hierarchy of Courts
Control mechanism over subsidiary legislation
Q.That being said about the influence of Executive in the making of Subsidiary Legislation, what are the available controls over such influence. What are the controls mechanism to ensure separation Read More …