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Madhavan Nair V Public Prosecutor
Madhavan Nair & Anor. v Public Prosecutor 9752 MLJ 264 is a case in Malaysian law concerning the freedom of speech, sedition Sedition is overt conduct, such as speech and organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, estab ..., and Article 10 of the Constitution. Background The applicants had applied for and been granted a permit to speak in a public place under the terms of the Police Act, which grants the Royal Malaysian Police the power to issue such licences. The permit prohibited the applicants from speaking about particular issues, including the status of the Malay language as the national language, and policies related to education. These issues were considered "sensitive" Yatim, Rais (1995). ''Freedom Under Executive Power in Malaysia: A Study of Executive Supremacy'', p. 155. Endowment Publications. . — they ...
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Case Citation
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ...
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Kuala Lumpur
, anthem = '' Maju dan Sejahtera'' , image_map = , map_caption = , pushpin_map = Malaysia#Southeast Asia#Asia , pushpin_map_caption = , coordinates = , subdivision_type = Country , subdivision_name = , subdivision_type1 = Administrative areas , subdivision_name1 = , established_title = Establishment , established_date = 1857 , established_title2 = City status , established_date2 = 1 February 1972 , established_title3 = Transferred to federal jurisdiction , established_date3 = 1 February 1974 , government_type = Federal administrationwith local government , governing_body = Kuala Lumpur City Hall , leader_title = Mayor , leader_name = Mahadi bin Che Ngah , total_type = Federal territory , area_footnotes = , area_total_km2 = 2 ...
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1975 In Case Law
It was also declared the ''International Women's Year'' by the United Nations and the European Architectural Heritage Year by the Council of Europe. Events January * January 1 - Watergate scandal (United States): John N. Mitchell, H. R. Haldeman and John Ehrlichman are found guilty of the Watergate cover-up. * January 2 ** The Federal Rules of Evidence are approved by the United States Congress. ** Bangladesh revolutionary leader Siraj Sikder is killed by police while in custody. ** A bomb blast at Samastipur, Bihar, India, fatally wounds Lalit Narayan Mishra, Minister of Railways. * January 5 – Tasman Bridge disaster: The Tasman Bridge in Hobart, Tasmania, Australia, is struck by the bulk ore carrier , killing 12 people. * January 7 – OPEC agrees to raise crude oil prices by 10%. * January 10–February 9 – The flight of ''Soyuz 17'' with the crew of Georgy Grechko and Aleksei Gubarev aboard the ''Salyut 4'' space station. * January 15 – Alvor Agreement: Portugal a ...
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Malaysian Case Law
Malaysian may refer to: * Something from or related to Malaysia, a country in Southeast Asia * Malaysian Malay, a dialect of Malay language spoken mainly in Malaysia * Malaysian people, people who are identified with the country of Malaysia regardless of their ethnicities. Most Malaysians are of Malay, Chinese and Indian descent. ** Malaysian diaspora, Malaysian emigrants and their descendants around the world * Malaysian cuisine, the food and food culture of Malaysia * Malaysian culture, culture associated with Malaysia * The call sign and colloquial name of Malaysia Airlines See also * Malaysian names, names as used by the Malaysian people * * * Malays (other) * Malaya (other) * Malay (other) Malay may refer to: Languages * Malay language or Bahasa Melayu, a major Austronesian language spoken in Indonesia, Malaysia, Brunei and Singapore ** History of the Malay language, the Malay language from the 4th to the 14th century ** Indonesi ... {{disa ...
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Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element of many crimes. The standard common law test of criminal Legal liability, liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not Culpability, culpable unless the mind is guilty". As a general rule, someone who acted without mental Fault (law), fault is not liable in criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ....". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material eleme ...
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Ultra Vires
('beyond the powers') is a Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed "valid", and those that are termed "invalid". Legal issues relating to can arise in a variety of contexts: * Companies and other legal persons sometimes have limited legal capacity to act, and attempts to engage in activities beyond their legal capacities may be . Most countries have restricted the doctrine of in relation to companies by statute. * Similarly, statutory and governmental bodies may have limits upon the acts and activities which they legally engage in. * Subordinate legislation which is purported passed without the proper legal authority may be invalid as beyond the powers of the authority which issued it. Corporate law In corporate law, describes acts attempted by a corporation that are beyond the scope of powers ...
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Prior Restraint
Prior restraint (also referred to as prior censorship or pre-publication censorship) is censorship imposed, usually by a government or institution, on expression, that prohibits particular instances of expression. It is in contrast to censorship which establishes general subject matter restrictions and reviews a particular instance of expression only after the expression has taken place. In some countries (e.g., United States, Argentina) prior restraint by the government is forbidden, subject to exceptions (such as classifying certain matters of national security), by their respective constitutions. Prior restraint can be effected in a number of ways. For example, the exhibition of works of art or a movie may require a license from a government authority (sometimes referred to as a classification board or censorship board) before it can be published, and the failure or refusal to grant a license is a form of censorship as is the revoking of a license. It can take the form of a le ...
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Sedition Act (Malaysia)
The Sedition Act 1948 ( ms, Akta Hasutan 1948) in Malaysia is a law prohibiting discourse deemed as seditious. The act was originally enacted by the colonial authorities of British Malaya in 1948 to contain the local communist insurgence. The act criminalises speech with "seditious tendency", including that which would "bring into hatred or contempt or to excite disaffection against" the government or engender "feelings of ill-will and hostility between different races". The meaning of "seditious tendency" is defined in section 3 of thSedition Act 1948and in substance it is similar to the English common law definition of sedition, with modifications to suit local circumstances. The Malaysian definition includes the questioning of certain portions of the Constitution of Malaysia, namely those pertaining to the Malaysian social contract, such as Article 153, which deals with special rights for the bumiputra ( Malays and other indigenous peoples, who comprise over half the Malaysian ...
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Parliament Of Malaysia
The Parliament of Malaysia ( ms, Parlimen Malaysia) is the national legislature of Malaysia, based on the Westminster system. The bicameral parliament consists of the Dewan Rakyat (House of Representatives, Literal translation, lit. "People's Assembly") and the Dewan Negara (Senate, Literal translation, lit. "State Assembly"). The Yang di-Pertuan Agong (King), as the head of state, is the third component of Parliament. The Parliament assembles in the Malaysian Houses of Parliament, located in the national capital city of Kuala Lumpur. The term "Member of Parliament (MP)" usually refers to a member of the Dewan Rakyat, the lower house of the Parliament. The term "Senator" usually refers to a member of the Dewan Negara, the upper house of the Parliament. History Colonial and the Federation of Malaya Historically, none of the states forming the Federation of Malaysia had parliaments before independence, save for Sarawak which had its own Council Negeri which enabled local p ...
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Malaysia
Malaysia ( ; ) is a country in Southeast Asia. The federation, federal constitutional monarchy consists of States and federal territories of Malaysia, thirteen states and three federal territories, separated by the South China Sea into two regions: Peninsular Malaysia and Borneo's East Malaysia. Peninsular Malaysia shares a land and maritime Malaysia–Thailand border, border with Thailand and Maritime boundary, maritime borders with Singapore, Vietnam, and Indonesia. East Malaysia shares land and maritime borders with Brunei and Indonesia, and a maritime border with the Philippines and Vietnam. Kuala Lumpur is the national capital, the country's largest city, and the seat of the Parliament of Malaysia, legislative branch of the Government of Malaysia, federal government. The nearby Planned community#Planned capitals, planned capital of Putrajaya is the administrative capital, which represents the seat of both the Government of Malaysia#Executive, executive branch (the Cabine ...
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