Law in Malaysia
Law in Malaysia
Law in Malaysia
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In the case<br />
Smith Kl<strong>in</strong>e & French Laboratories Ltd. v. Salim (<strong>Malaysia</strong>) Sdn.<br />
Bhd.,<br />
It was held that the courts have the authority to put aside any<br />
Common <strong>Law</strong> or <strong>Law</strong> of Equity which cannot be applied <strong>in</strong><br />
<strong>Malaysia</strong>.<br />
In the case<br />
Jamil b<strong>in</strong> Harun v. Yang Kamsiah & Another,<br />
It was decided that courts have the authority to decide whether to<br />
follow English <strong>Law</strong> (common law and law of equity) or Federal<br />
law, consider<strong>in</strong>g the circumstances and the scope the written law<br />
permits to do so.<br />
In the case Karpal S<strong>in</strong>gh v. Public Prosecutor,<br />
It was held that the crim<strong>in</strong>al offences <strong>in</strong> <strong>Malaysia</strong> were provided by<br />
Crim<strong>in</strong>al Procedure Code of <strong>Malaysia</strong> and therefore, there is no<br />
allowance for English law to apply.<br />
There are certa<strong>in</strong> boundaries as to the application of Common <strong>Law</strong><br />
and <strong>Law</strong> of Equity <strong>in</strong> <strong>Malaysia</strong>.<br />
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