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OVERSIMPLIFIED CASE REVIEW: SURAINI KEMPE & ORS v. KERAJAAN MALAYSIA & ORS

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  CASE REVIEW ON CONSTITUTIONAL LAW SURAINI KEMPE & ORS v. KERAJAAN MALAYSIA & ORS HIGH COURT MALAYA, KUALA LUMPUR AKHTAR TAHIR J [ORIGINATING SUMMONS NO: WA-24NCVC-2356-12-2020] 27 SEPTEMBER 2021 [2021] CLJ JT(12) In Physics; Dispersion of Light by Prism In Legal Terms; Prismatic Interpretive Approach BACKGROUND FACTS  The President of the Association of Family Support & Welfare Selangor & Kuala Lumpur (Family Frontiers) is the first plaintiff, followed by mothers who are Malaysian citizens are second to the seventh plaintiff. The defendants consisted of the Government of Malaysia, the Minister of Home Affairs and the Director-General of the National Registration Department.  The case is about the plaintiff seeking a declaration on the impugned law regarding children born out of the Federation, to mothers who are Malaysian citizens, to be conferred citizenship by operation of law. Registration Department.  The said impugned law refers to art. 14...

OVERSIMPLIFIED CASE REVIEW: KETHEESWARAN KANAGARATNAM & ANOR v. PP [2021] 9 CLJ

CASE REVIEW ON CONSTITUTIONAL LAW. KETHEESWARAN KANAGARATNAM & ANOR v. PP [2021] 9 CLJ    HIGH COURT MALAYA, KLANG AZMI ABDULLAH J [NOTICE OF MOTION NO: BL-44-6-09-2020] 3 JUNE 2021   FACTS The applicants are Anmuni Maria, Yani Tri Anda and Fransisaka [Migrants]. Applicants are charged under s. 12 of Anti-Trafficking In Persons And Anti-Smuggling Of Migrants Act 2007. Offence of trafficking in persons s.12. Any person, who traffics in persons not being a child, for the purpose of exploitation, commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding fifteen years, and shall also be liable to fine. The prosecution delivered on the applicants as part of the evidence for the prosecution pursuant to s.51A Criminal Procedure Code Act 593. Delivery of certain documents 51a. (1) The prosecution shall before the commencement of the trial deliver to the accused the following documents: (c) a written statement of facts favourable to th...