jurisdiction of court PDF

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The issue is whether the Session Court has jurisdiction to decide the claim for Fizz who wants to apply for an injunction.

The civil jurisdiction of the Session Court can be seen under Section 65(1) of Subordinate Act 1948 where the session court has unlimited jurisdiction to try all cases of civil nature regarding motor vehicle accidents, landlord and tenant and distress. The Session Court can also try all other suits of civil nature where the amount in dispute or value of the subject matter does not exceed RM1 million. Other than that the Session Court may try all suits for specific performance, rescission of contracts or cancellation or rectification of instruments within the jurisdiction of Sessions Court. Under Section 65(5) of Subordinate Act 1948, the Session Court may try any suit within the jurisdiction of the Session Court where it may grant an injunction and make a declaration. Also decide on the matter whether or not any relief, redress or remedy is or could be claimed.

In this case, the Bintang Harian newspaper published defamatory articles about Fizz’s company that may have a bad impact on his business. He wanted to apply for an injunction to prohibit the Bintang Harian newspaper from further publishing the articles on his company producing contaminated food. The session court may decide whether or not the injunction could be claimed or not as provided under section 65(5) of Subordinate Court 1948. In conclusion, the Session Court is the most suitable court for Fizz to request an injunction to prohibit the Bintang Harian newspaper from publishing defamatory articles about his company....