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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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