Jurisdiction of Courts PDF

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Summary

SUPERIOR COURTS FEDERAL COURTS COURT OF APPEAL HIGH COURTLIL EXPLANATION -Highest court in Malaysia and final appellate-principal registry located in Palace Of Justice, Putrajaya-established in Article 121(2) in the FC-Used to be Privy Council, then Supreme Court, then Court Of Appeal in 1994-Princi...

Description

SUPERIOR COURTS

FEDERAL COURTS

COURT OF APPEAL

HIGH COURT

LIL EXPLANATION

-Highest court in Malaysia and final appellate

-Used to be Privy Council, then Supreme Court, then Court Of Appeal in 1994

-Lowest in Superior court

-principal registry located in Palace Of Justice, Putrajaya -Principal registry in Palace Of Justice, Putrajaya -established in Article 121(2) in the FC - Second highest court in superior court COMPOSITION

Article 121(1) : - Chief Judge of Federal Court -President of Court Of appeal -2 Chief Judge of High Court -11 other judges or additional judges Every proceeding is heard n disposed by 3 judges or any greater odd number.

JURISDICTION

-ORIGINAL -APPELLATE -REFERRAL -ADVISORY

- established by Article 121(1B) of the FC

-established under Article 121(1) of the FC

- Consist of the president of Court Of Appeal and YDPA orders 32 other judges

-two types of HC: Malaya(4 but not exceeding 60 other judges) /Sabah and Sarawak(not exceeding 13 judges)

Section 38 of CJA 1964- Every proceedings shall be heard and disposed by 3 or greater odd numbers of judges.

-APPELATE

-headed by Chief Judge Every proceeding will be heard and disposed by 1 judge only. -ORIGINAL -APPELLATE -SUPERVISORY AND REVISIONARY

ORIGINAL - The power of the court to hear and decide the case in first instance

The power of the court to hear and decide the case in first instance

The power of the court to hear and decide the case in first instance

-Has an exclusive jurisdiction under Article 128(1) :-determine whether the law passed by Parliament or by legislature is invalid

-Unlimited for both (1) Criminal jurisdictions SECTION 22 of CJA 1964 -all criminal cases over citizens and permanent residents -offences under Part IV of Penal Code

-decide disputes on any question between States and Federation (vice versa)

SECTION 22(2) of CJA 1964 -may pass any sentence allowed by the law (2) Civil Jurisdiction SECTION 23 Of CJA 1964 -shall have jurisdiction to try all civil proceedings SECTION 24 Of CJA 1964 -matters involving -divorce, bankruptcy or to companies, appointment and control of guardians of infants, property of infant (custody), family, wills APPELLATE The power of the court to hear and determine appeal cases coming from lower court

The power of the court to hear and determine appeal cases coming from lower court

The power of the court to hear and determine appeal cases coming from lower court

The power of the court to hear and determine appeal cases coming from lower court

ARTICLE 128(3) -there is an appellate jurisdiction of Federal Court in both criminal and civil matters from Court of Appeal and High Court (1) Criminal appeal SECTION 87 -hear and determine any appeal from any decision of the COA (2) Civil Appeal SECTION 96 -determine appeal against the decision from the court of Appeal concerning civil cause -matter decided by the High Court -order a new trial SECTION 90 -may summarily dismiss an appeal that comes before it. -they may also confirm, reverse, or vary the decisions from the courts before -make order they seem just

-only have appellate jurisdiction over criminal and civil cases

-may hear appeal from subordinates courts(both civil and criminal)

(1)Civil Appeal -Section 67 of CJA 1964 -The court have the power to determine and hear the cases of appeals from any high courts for any civil cases(original or appellate)

(1) Civil Jurisdiction SECTION 26 Of CJA 1964 -can hear appeals from subordinate courts according to any law for the time being in force within the territorial jurisdiction of the high court

-Section 68 of CJA 1964(jurisdiction restricted by) -when the value of the subject matter of the claim is less RM250000 -judgement is made by consent of parties -judgement relates to cost only -any written law for the time being is force, the judgement of the HC is final.

(2) Criminal Jurisdiction SECTION 27- may hear appeal from subordinate courts SECTION28(1) - no appeal if the amount of disputes less than 10K SECTION 28(2)- monetary limits does not apply to decisions of subordinate courts, concerning maintenance

(2)Criminal Appeal -Section 50 of CJA 1964 -may hear and determine the case of any criminal appeal in the exercise of its :-original j -appellate or revisionary j(criminal matters from session court) Court Of Appeal must hear the

appellant and his lawyer(may confirm, reverse or vary the decision) ( may also dismiss the case) REFERRAL The power of the court to confirm and interpret the application of the law or effect of any provision of the FC

-has the power to decide a question which has arisen in another court concerning the interpretation or effect of any provision of the FC -when they have decided, the trial court must disposed following that decision. -if pending, the trial court may stay proceedings

ADVISORY - The power of the court to advise and give their opinion to the YDPA regarding the effects of provision of FC (Article 130) SUPERVISORY AND REVISIONARY

Article 130 :-YDPA may refer to Federal Court for its opinion if there’s any question of the provision in the FC

-over criminal and civil proceedings in the subordinate courts (1) Criminal SECTION 31 Has power to revise criminal proceedings in subordinate courts (2) Civil SECTION 32 Has power to call for examine the

record of any civil proceedings before any subordinate courts to satisfy itself as to the correctness, legality or propriety of any decisions passed. SECTION 35(1) The high curt has been conferred the general supervisory and revisionary jurisdiction over ALL SUBORDINATE COURTS

SUBORDINATE COURTS

SESSION COURT

MAGISTRATE COURT

LIL EXPLANATION

-Highest Subordinate Court

-Lowest in subordinate courts

COMPOSITION

-established under SECTION 59 of SCA 1948

-established under SECTION 76 of SCA 1948

-Session court judge sitting alone

SECTION 81 -Seating by one magistrate appointed by Judicial Legal Service

SECTION 59 -the YDPA may order as many Session Courts as he may think fit and to assign local limits of jurisdictions. SECTION 60 -No person shall be Session Court judge unless he is a member of the judicial and legal service of the Federation

First class magistrate - appointed by YDPA(recommended by respective Chief Judge for Federal Territories) -State level: appointed by State Authorities swith recommendation of Chief Judge

SECTION 63 -have criminal jurisdiction to try ALL offences except death -Familiar to most urban people

penalty SECTION 64 -may pass any sentence allowed by law except sentence of death JURISDICTION

-ORIGINAL -SUPERVISORY

-ORIGINAL

ORIGINAL The power of the court to hear and decide the case in first instance

The power of the court to hear and decide the case in first instance

FIRST CLASS MAGISTRATE

(1) CRIMINAL JURISDICTION SECTION 63- may try all offences other than those punishable by death SECTION 64- may any sentence by the law except sentence of death (2) CIVIL JURISDICTION SECTION 65(1) (a)unlimited jurisdiction- motor vehicle accidents, landlord and tenants and distress (b) try other suits of civil nature where the value of the subject matter does not exceed 1M. (c) suits for specific performance, rescission of contract, cancellation within the j of session court SECTION 65(5) -may grant an injuction -make a declaration

(1) CRIMINAL JURISDICTION SECTION 85 -try all offences punishable with up to 10 years imprisonment/fine only -offences such as robbery, lurking, house trespass, housebreaking by night SECTION 87(1) -may pass any sentence allowed by law NOT EXCEEDING (a) 5 years imprisonment (b) fine of RM10,000 (c) whipping up to 12 strokes

(2) CIVIL JURISDICTION SECTION 90 -value of subject matter does not exceed RM100,000

SECOND CLASS MAGISTRATE (1) CRIMINAL JURISDICTION SECTION 88 -try offences for which the max term of imprisonment does NOT EXCEED 12 month SECTION 89 -pass any sentence allowed by the law (a) NOT EXCEEDING 6 month imprisonment (b)fine NOT EXCEEDING RM1000 (2) CIVIL JURISDICTION SECTION 92 -civil cases where the plaintiff seeks to recover a debt or liquidated demand, NOT EXCEEDING RM10,000 SUPERVISORY The power of the court to control activity of the lower court or tribunal

SECTION 54 OF SCA 1948 -May call and examine record of any civil proceedings before the Magistrate’s Court (correctness, legality or propriety of the decision recorded and passed)(regularity of then proceedings of the court) -if they view that any decision is illegal, improper, or any proceeding is irregular…send it to High Court...