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Subordinate Courts Case Study

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There are a few courts which are under the categories of Subordinate Courts such as the Sessions Court, Magistrates’ Court and the Court for children. In the Malaysia Judicial system has shown that the Session court is the highest of the subordinate or inferior courts. Sessions Court is in the both of Penincular and Sabah and Sarawak. A Session Court judge takes charge of a Sessions Court while a Magistrate’s Court and Court of Children take charge by magistrates. In the section 59 of the subordinate Courts Act 1948, Session Court judge is appointed by the Yang di-Pertuan Agong on the recommendation of the respective Chief Judges. The Session Court Judge is also known as ‘Hakim Mahkamah Sesyen’ must be a member of the Judicial and Legal Service …show more content…

For example, there are a few types of civil cases in the Session Court, such as government case, civil summons, and tort and adoption petition. The Sessions Court has infinite power to attempt all actions and suits of a civil nature where the amount in dispute or value of the subject- matter does not exceed RM1, 000, 000. Kumar (2013), the Civil law Court Liaison Sub- Committee announced that there was an amendment in the Subordinate Courts Act2010 (Act A1382), amplification of monetary jurisdiction of the Sessions Court from RM250, 000.00 to RM 1, 000,000.00 has been made. However, there are some exceptions which is Sessions Court has no jurisdiction in the matters relating to land, specific performance or recession of contracts, injunction, probate and administration of estates, divorce, bankruptcy, trusts, and accounts. In general, civil matters that settled in the Session Courts have more than the cases of criminal.
According to Chief Justice Arifin Zakaria (2016), he said that about 80 per cent of civil and criminal cases have managed to clear in the lower courts in several states before them up to May in this year. The Magistrate and Sessions courts in Kuala Lumpur, Malaysia and several other states recorded a high level of setting civil and criminal cases while penang, Perlis, Kelantan, Terengganu and Pahang were …show more content…

(Karim, 2016). One of the two directors, named Tay May Chean, 62 was at United Eastern Resourses Sdn Bhd, claimed trial before judge for Mohamad Kamil Nizam. She was accused of committing the offence by transferring RM100, 000 on April 3, 2009 and RM242, 500 on June 12, the same year from the company’s account to her personal account via two cheques. The offence was allegedly committed at 8 Avenue PJ, Jalan Sungai Jernih 8/1 here. Her Mother, Datin Ng Pik Lan, who was the other director in the company, lodged a complaint against her on September 9 last year. Tai faces a jail term of up to 20 years, whipping and a fine if convicted under Section 409 of the Penal Code. Mohamad Kamil set RM20, 000 bail nd ordered for the accused to report to the police station once in two months. Her case will be up for mention August 10. Deputy public prosecutor N. Sivashangar prosecuted while Tai was represented by Counsel S.

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