SESSIONS COURT 10

It is forbidden to snap photographs inside the Court room.Sessions Court is different from the Criminal Courts.The main issues dealt with here are liabilities.
Has there been a breach of Contract? Is the Defendant liable? The burden is on the the Plaintiff to prove his case.The standard is on a "Balance of Probabilities"
[Case:Miller v Minister Of Pensions] Vijay- The Midnight Owl

DROPPING BY

These are my former students dropping by to say Hello and to check whether I am teaching Law or talking "fei hua"[Nonsense] in Class.
The handsome guy on the right(top),and the handsome on the left(below) have got the biggest and best smile!! Love You All. Peace & Regards. Lawyer Vijay

IT'S EXAM TIME AGAIN!!

I teach Corporate Law,part time at this College.
Hello,Mr.Ong Kheng Mai,Phang Yung Fay,Mr.Lee,Mohan,Datuk Edwards(the man who came late for class because he "forgot to look at his watch)".
Not forgetting,of course,the rose among the thorns-Miss Loh Su Fang.Regards.
Study,Reflect,Repeat,Get Ready-Enter the Exam Hall with Confidence.Remember what I have always said-"If you are in my class,then your MUST NOT fail!!

THE MASK

The Mask.Every performer and actor on the crowded stage is wearing a Mask,the feelings and the emotions of the audience only lovingly embrace the Mask - a pleasant,loving an appealling face to show the audience.Should any actor by sheer carelessness or negligence make a Mask fall,a far less than attractice face will be revealed to the crowd- and one that few will forget even after the Mask is restored.

Vijay- The Midnight Owl

THE FINAL SURAH

AN-NAS [MEN]
IN THE NAME OF GOD,THE MOST GRACIOUS,THE DISPENSER OF GRACE.

SAY: "I seek refuge in the Sustainer of men,the Sovereign of men,the God of men,
from the evil of the evil whispering tempter,who whispers in the hearts of
men,from all invisible forces as well as men." Posted by A.VIJAYCHANDRAN at 12:15 AM

BOOK OF ZECHARIAH

When that day comes,fresh waters will flow from Jerusalem,half of it to the Dead Sea and the other half to the Mediterranean. It will flow all year long, in the dry season as well as the wet.Then the Lord will be King over all the earth; everyone will worship Him as God AND KNOW HIM BY THE SAME NAME.

Chapter 14:8/9

NO CONFLICT CLAUSES

All Company Directors are in the postion of Fiduciaries.At Common Law they are absolutely prohibited from compromising their duty of loyalty to the Company by entering into transactions with the Company which has relevance to their direct or indirect interests.

[The above principle is almost impossible at a practical level]

TIME

WHEN AS A CHILD I PLAYED AND SLEPT-TIME CREPT,
WHEN AS A YOUTH, I LAUGHED AND TALKED- TIME WALKED.
THEN WHEN I BECAME A MAN- TIME RAN
AND LATER STILL AS I OLDER GREW- TIME FLEW
AND SOON I SHALL FIND WHILE TRAVELLING ON-TIME GONE....
LOOKING BACK, WILL IT ALL BE WORTHWHILE BY THEN?[only this line is original]

LAWYER VJ

If you see this person in Court,avoid him completely.He is not the best but expensive and arrogant!!

LAWYER ELLENCHERAN

This is Litigation Lawyer Mr.Ellen.When one sees him before Court is in session,its advisable to settle out of Court than to face him inside Court.The consequences can be nasty- unless you have the brains and the tenacity to face him as the opposing lawyer!!This is the Courts canteen. Vijay

COURT COMPLEX

This is the Jalan Duta Court Complex.It is a magnificent building.Malaysia has come a very long way.This is one of the biggest Court Complex in Asia.However,parking is still a problem. Vijay.

I THOUGHT PASTOR VJ RESIGNED!!

My first degree was Theology and I became a Pastor.But over the years I became deeply disillusioned with Protestant Christianity and its Denomination.I disentangled myself.That's another story.But now and then I am still invited to speak.Love & Regards. Vijay

BIRTHDAY SURPRISE

A few days ago,a Chinese & Malay contractor sent me a gift each all wrapped up in paper.I did not think much about it,as I was already preoccupied with my reading.Yesterday at midnight,I unwrapped the gift-and this what I saw.I called the Chinese contractor the next morning saying I did not want any fake currency.He said its the real thing.And he sent me one of his men to put it up.Who said Malaysia was facing a financial crisis? Vijay

P.S.NOW I HAVE TO WORRY ABOUT THE INCOME TAX GUYS AND OTHER NEGATIVE ELEMENTS IN SOCIETY!!!

THE 72 SURAH

AL-JINN (THE UNSEEN BEINGS)[revealed during the last 2 years of the Prophets's sojourn in Mecca]

IN THE NAME OF GOD,THE MOST GRACIOUS,THE DISPENSER OF GRACE.(1)SAY:It has been revealed to me that some of the unseen beings gave ear to this divine message and said to their fellow beings: "Verily we have heard a wondrous discourse........"
JINNS-beings which are beyond the perception of our senses.The Quran often refers to "the realm beyond the the reach of human perception."(Al-Ghayb)
AL-FATIYAH begins 'All Praise is due to God alone, the Sustainer of ALL the worlds,...."

The use of the word in plural indicates that with this world open to our observation,there are other worlds as well,and therefore other forms of life, different from ours.In my opinion,Elahi created a barrier between the material and the spiritual world,unless you have the misfortune of stumbling on that little crack in the door and curiosity gets a hold on you...enough said... the Law of Attraction has its dark side. Vijay-The Midnight Owl

SEXUAL HARASSMENT

MALAYSIAN AIRLINE SYSTEM BERHAD V WAN SA'ADI WAN MUSTAFA[ CASE NO:9(23)/4-298/05]
The Company had employed the Claimant as a Leading Steward.He was alleged to have committed a sexual misconduct against a new flight stewardess in May 2003.The lady lodged a complaint with the Company.The Company conducted an investigation and a Domestic Inquiry(DI) was convened.Two charges were preferred against the Claimant at the DI.The Claimant was found guilty of both charges and dismissed with immediate effect.The Claimant denied the accusations and claimed that false charges had been brought against him.He further contended that his dismissal had been without just cause and excuse.

Court held:The Complainant's demeanor in the witness box whilst she had been giving her testimony was knowledgeable,steadfast,truthful and straightfoward.She had also been without pretence.There were also no inconsistencies or contradictions in her evidence.The circumstantial evidence taken cumulatively pointed towards a prima facie case.The Company was justified in dismissing the Claimant.
JUDGE:MOHD AMIN FIRDAUS ABDULLAH
(The usual case of sudah kahwin tapi masih gatal!!)

EMPLOYEE WINS THE CASE

YAP SWEE CHIANG V SISTEM PERNERBANGAN MALAYSIA[Case No:6/4-874/06]
"...The crew members of flight MH73 should also have been called to confirm the presence of the goods in the Employee's trolley bag.Again this had not been done.The Company's failure to call material witnesses and adduce vital evidence to establish its case left the Court with no choice but to invoke S114(g)of the Evidence Act 1950 and draw an adverse inference against it."

COURT HELD:Dismissal without just cause or excuse-Employee awarded backwages and compensation in lieu of re-instatement in the sum of RM230,197.50 JUDGE:SITI SALEHA ABU BAKAR

With due respects,the lawyers who represented MAS did a shoddy performance in Court.For starters,lawyers should off their bloody handphones when Court is in session.You are not above the law.
Recommended reading for Industrial Court Lawyers."The Law on Domestic Inquiries & Dismissals" By Dr. Syed Ahmad Idid.

HAPPY BIRTHDAY TO VJ!!!

Today is my Birthday.So I switched off my handphone.I am in no mood for work today. Instead I have decided to spend the day with the love of my life-my Law Books.This is only a part of my collection.It took a whole four months just to complete the reading of this section.I have spent many,many quiet and pleasant days here in my private library.Some days,after some heavy reading-I look like a psychiatric patient. Vijay- The Midnight Owl.

P.S. I hope that when I am dead- it may be said,
Though his sins were like scarlet,his books were well read!!! Posted by vijay at 7:59 PM 0 comments

THE PROPHECY

"...there will be a vicious and deceitful person in authority.He will go strong...he will cause terrible destruction and be successful in everything he does. He will even bring destruction on powerful men and the common people.Because he is cunning, he will succeed in his deceitful ways.He will be arrogant and destroy many people without warning.Then he will defy the King of Heaven, but he will he destroyed without the use of any human power.This vision........will come true.
Messages From Gabriel.Location- Present day Palestine.

GABRIEL

I was trying to understand what the vision meant, when suddenly someone was standing in front of me.I heard a voice call out over the Ulai River,"Gabriel,explain to him the meaning of what he saw". Gabriel came and stood before me,and I was so terrified that I fell to the ground.He said to me,"Mortal man,understand the meaning.The vision has to do with the end of the world". While he was talking,I fell to the ground unconscious.But he took hold of me,raised me to my feet and said,"I am showing you what the result of Gods anger will be.The vision refers to the time of the end......the end will come like a flood,bringing war and destruction...

Book Of Daniel.Chapter 8:15-19

FROM THE BALCONY

This is a view from the balcony.Its rather hard to believe that there is such a quiet place hidden away,right here in Kuala Lumpur.The only noise one hears is in the mornings-when the crow gang shows up for their usual bread scraps. They make one hell of a noise until they get what they want.

Vijay- The Midnight Owl.

THE FACTS

HANDLE YOUR LIFE AND AFFAIRS WITH THE UTMOST CIRCUMSPECTION--OR PAY THE PRICE.BE PARTICULARLY ON GUARD AGAINST YOUR NON VERBAL BEHAVIOUR, LESS IT ATTRACTS THE WRONG SPECIES INTO YOUR TURF.IGNORE THIS ADVICE TO YOUR OWN PERIL. VIJAY- THE MIDNIGHT OWL

DECEIVED BY AUDITORS

In Caparo Industries PLC v Dickman (1990)the Company's accounts were audited in accordance with the Company's Act 1985.Some members decided to purchase more shares and take over the Company after seeing the accounts.The accounts turned out to be inaccurate.The members incurred a huge financial loss,which they blamed on the negligently audited accounts.They sued.The Court held that the onus was clearly on the shareholders in these circumstances to make their own independant inquiries,as it was unreasonable to rely on the auditors.Vijay- The Midnight Owl.

Advice from Uncle VJ- If the person before you seems to be overly persuasive or the documentation presented appears neat and perfect-pause.Something is wrong somewhere.

ARE YOU A FRAUD?

Section 17 of the Contracts Act 1950 defines what is fraud.It states that fraud includes any of the follwing acts committed by a party to a contract or with his connivance,or by his agent,WITH INTENT TO DECEIVE another party thereto or his agent to enter into a contract:

(a)the suggestion,as to a fact,of that which is not true
by one who does not believe it to be true

(b)the active concealment of a fact by one having knowledge
of belief of the fact.

(c) a promise made without any intention of performing it

(d)any other act fitted to deceive

(e)any such act or omission as the law specially
declares to be fraudulent

Personally I think we all are frauds to some extent but will not admit it AND WILL NEVER ADMIT IT!!!!

NO COURAGE

I have one somewhat overweight lawyer friend.Everytime I am talking,he will smile or sneeze like this,like something is stuck deep in his nose.Also some strange annoying noises come from this nose.I have often felt like telling him off,but never had the guts. Vijay- The Midnight Owl

BUSINESS MEETING.

NEVER DO THIS IN THE MIDST OF A BUSINESS MEETING,ESPECIALLY WHEN THE BOSS IS TALKING. VIJAY. THE MIDNIGHT OWL.

HAIRSTYLE

I saw a guy in Batu Ferringi, Penang recently with this hairstyle.I had a half fright.If I had seen this guy in a dimly lit stairway somewhere,probably I would have fainted or ran like hell without looking back. Vijay- The Midnight Owl

A QUIET DAY

ITS BEEN A VERY QUIET DAY FOR ME AND THIS IS THE ONLY VISITOR I HAD FOR THE WHOLE DAY. THANKS FOR DROPPING BY PAL. I FEEL MUCH BETTER ALREADY!!

I FORGOT!!!

THIS IS HOW I LOOK LIKE WHEN MY STUDENTS FORGET TO DO THEIR HOMEWORK!! VIJAY-THE MIDNIGHT OWL

ATTITUDE

PERCEPTIONS.

We live in a world today where society demands that we be civilized and ethical towards others.But to be civilized in the face of wolves who are more crafty,scheming,and who have indefinable intentions is the height of stupidity.Learn to perceive the cunning intent and subtle manipulations without being perceived.Or pay the price. Vijay- The Midnight Owl.

RM20,000

One day I took a holiday in Pulau Langkawi.Then I took a private boat and went island hopping all my self.Then I visited a strange lonely island and went for a walk on the beach.Again all by myself.My heart jolted when I saw this creature.I quickly took out my digital camera and snapped this photo.The creature jumped into the sea and disappeared with a big splash.I jumped into my boat and fled in the opposite direction.I swear that I am telling the truth,the whole truth and nothing but the truth. Vijay- The Midnight Owl.

P.S. Now I want to sue the Langkawi Tourism Board for RM20,000 compensation for causing "NERVOUS SHOCK" .

PANDUAN

This is true but certainly there are exceptions.All ladies who are reading this,if you come across a man who is a drunkard,gambler or a plain lazy Jackass- avoid him. Dont try to help,dont pass them on to your friends,dont try to play the Saviour.Flee or you will be unhinged. Their long line of broken relationships and bitterness is enough to tell you something.Of course,there are people who need love and compassion.But this group is not one of them.You can spend a whole lifetime studying the pathology of these people,but dont waste your time.Just move on. Vijay- The Midnight Owl

MENTAL BALANCE

To suceed to keep our mental balance,you have to self controlled to a certain degree.But even if you succeed in gaining such self control,you can never hope to control the temperamental dispositions of those around you.And therein lies the great danger.Most people operate in a whirpool of emotions,constantly
reacting,churning up squabbles and conflicts.If you give in to their emotional entreaties,little by little you will find your time and mind preoccupied by their problems.Do not allow whatever pity and compassion you have to suck you in.It just isnt worth your time. Vijay
Posted by vijay at 2:17 AM 0 comments

RARE

THIS STATEMENT IS TRUE.I HAVE LOST A FEW FRIENDS TOO,BUT AT HINDSIGHT SOME OF THEM WERE JUST GOOD RIDDANCE.ITS BETTER TO CUT TIES THAN TO STAY AROUND AND START NIBBLING AT EACH OTHER. THE MIDNIGHT OWL

FITTING IN

If any group makes you feel unwelcome,do not condescend yourself and try to fit in.To fit in you have to be courteous and kind when others are not.To try to be part of the group when your presence is not even acknowledged-that is stupidity.The truth is-you dont need to please these Jackasses for acceptance or to affirm your worth and dignity.If you try,they will leave you mentally and emotionally exhausted.Turn and walk before they ruffle your feathers.There will always be other doors open.May you have the courage and move on. Vijay- The Midnight Owl

THE US ECONOMY

Dr.Marc Faber,the investment guru,concluded his monthly bulletin(Jan 2009)with the following comments.Dr.Marc Faber tells it how it is "The Federal Government is sending each of us a $600 rebate.If we spend that money at Wal-Mart,the money goes to China.If we spend it on gasoline it goes to the Arabs.If we buy a computer,it will go to India.If we purchase fruits and vegetables it will go to Mexico,Honduras and Guatemala.If we purchase a good car,it will go to Germany and Japan.If we purchase useless crap,it will go to Taiwan.In short,none of it will help the American economy.The only way to keep that money here at home is to spend it on prostitutes and beer,since these are the only products still produced in the US.I've been doing my part.Dr.Marc Faber.

FOOLS

THIS MAY COME FROM A SINCERE HEART BUT DEFINITELY FROM THE MIND OF FOOLS.THE PEOPLE WHO HAVE THE ABOVE KIND OF HEART MUST BE LIVING SOMEWHERE ON MARS OR IN SOME DISTANT GALAXY WHICH HAS ESCAPED THE POWERFUL TELESCOPE OF ASTRONAUTS. VIJAY- THE MIDNIGHT OWL.

KUNG FU

It is much more preferable to walk away from little quarrels than to give a response like this-whether in the office of in the homefront.In the end,our lifetime here on earth is brief and the journey riddled with thorns of every sort.Let them win the little and petty arguments but you are advised to walk away and keep the Peace. Vijay- The Midnight Owl.

NEW SIGNBOARD.

As a lecturer who handles many students,I believe that the time has come to put up a signboard like this in every classroom.I dont know about offices, but this signboard is definitely recommended in all Courtrooms- especially when the trial lawyer is nothing short of an endless talking windbag!! . Vijay- The Midnight owl

UNFORTUNATE