Prem Shivani Sdn Bhd v 1. ) PARVATHY A/P SUBRAMANIAM 2. ) VASANTHI A/P RAMAN
Catchwords
Civil appeal - appeal against the decision of the Magistrate in allowing the Plaintiffs’ claim against the Defendant. Contract - the intentions of the parties are to be gathered from the language used in the agreement - unless the Defendant can prove on the balance of probabilities that she did not receive the money, the court is entitled to make an inference from the wordings in the SPA that the purchase price was fully paid by the Deceased on the date the SPA was signed. Evidence - the Defendant should not be allowed to blow hot and cold in the same breath - on the one hand she denies receiving the money and yet she avers the money was for a loan - it is trite that a party taking such approbating and reprobating position is not permitted.
Practice Areas
Judges (1)
Case Significance
Prem Shivani Sdn Bhd v 1. ) PARVATHY A/P SUBRAMANIAM 2. ) VASANTHI A/P RAMAN is a High Court (Mahkamah Tinggi) decision dated October 9, 2025 (citation: bl-11bncvc-4-03-2025). The case was decided by Shamsulbahri bin Haji Ibrahim.
Key issues: Civil appeal - appeal against the decision of the Magistrate in allowing the Plaintiffs’ claim against the Defendant..
What was the outcome of Prem Shivani Sdn Bhd v 1. ) PARVATHY A/P SUBRAMANIAM 2. ) VASANTHI A/P RAMAN?
Prem Shivani Sdn Bhd v 1. ) PARVATHY A/P SUBRAMANIAM 2. ) VASANTHI A/P RAMAN is a High Court decision dated October 9, 2025. The case was heard by Shamsulbahri bin Haji Ibrahim. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (bl-11bncvc-4-03-2025)