ABU BAKAR BIN JA'AFAR v Pendakwa Raya
6 cases cited
(0 SG, 6 foreign)
Catchwords
Supervisionary and Revisionary power of High Court - Revision on application by the deceased father - Notice of Motion for an inquest to be held - The purpose of the application was for this Court to grant an order of inquest (ínquest) to be held and further investigation on the cause of death of the deceased - Whether this Court has jurisdiction to allow the application by refering to CJA and CPC as a fundamental guidance. Application of inherent jurisdiction based on the provisions of s. 31 and s. 35 of CJA - This power excluding proceeding and matters that has not begins yet. The phrase 'at any stage in any matter or proceeding, whether civil or criminal, in any subordinate court' clearly referring to an ongoing proceeding that has taken place at any stage in the subordinate Court. Laws - Court of Judicature Act 1964 - s. 31 - s. 35 Laws - Criminal Procedure Code - s. 335 - s. 337 - Power to initiate proceeding under s. 339 - Federal Constitution - Art. 145(3) - Alter ego of Public Prosecutor under s. 376(3) CPC
Judges (1)
Counsel (1)
Statutes Cited
Criminal Procedure Code (Cap 593)
Federal Constitution
Art 145(3)
Cases Cited (6)
MY (6)
[1991] 2 MLJ 544 [2007] 2 MLJ 101 [2013] 4 CLJ 901 [2013] 4 MLJ 35 [2021] 9 MLJ 409 [2023] 4 MLJ 1
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ja-44-57-10-2024)