CASE SUMMARY: PART 16

Low Pui Heng vs. Tham Kok Cheong [1965] 31 MLJ 212
●Law of Partnership●
“Majority partner’s decision to convert the partnership into a limited company will prevail notwithstanding the dissent of a minority”


LPTB vs. Upson [1949] AC 155
●Law of Torts●
“A claim for damages for breach of a statutory duty intended to protect a person in the position of the particular plaintiff, is a specific common law right which is not be confused in essence with a claim of negligence”


M & J Frozen Food Sdn Bhd vs. Siland Sdn Bhd [1994] 1 MLJ 294
●Land Law●
“The right of discharge of a charge is available at the instance of a charger and no other”


Maclaine Watson vs. Dept of Trade and Industry [1989] 3 All ER 523
●Public International Law●
“Treaty is a contract between the governments of two or more sovereign states”


Mahadevan vs. Manilal & Sons [1984] 1 MLJ 266
●EQUITY●
“The Code is silence as to the effect of securities which do not conform to the Code’s charge or lien. Therefore equitable charge and liens are permissible under Malaysian Land Law”


Majlis Perbandaran Pulau Pinang vs. Boey Siew Than & Ors [1978] 2 MLJ 156
●Law of Torts●
“It is clear that a nuisance is a public nuisance if within its sphere which is the neighborhood, it materially affects the reasonable comfort and convenience of a class of the subjects of the State”


Manchester Diocesan Council for Education vs. Commercial and General Investment Ltd. [1969] 3 All ER 1593
●Contract Law●
“I am opinion that the acceptance communicated to the offeror by any other mode which is no less advantageous to him will conclude the contract”


Mansell vs. Griffin [1908] 1 KB 160
●Criminal Law●
“It seems to me that the authority to administer moderate and reasonable corporal punishment, which any parent who sends a child to school is presumed to give the authorities, extends to the mistress occupying the position which the defendant occupied in his school”


Malayan United Finance Berhad vs. Tay Lay Soon [1991] 1 MLJ 504
●Land Law●
“English principle such as the “equitable mortgage” is unacceptable in this country. This is because the English law principle in this perspective is prohibited from being used”


Margreat Chua vs. Ho Siew Kiew [1961] MLJ 173
●Land Law●
“Court ordered specific performance for a lease which indirectly amounted to enforcing an unregistered lease. Here, court gave effect to the intention of parties notwithstanding the absence of legal requirements.”