MOHAMAD AZMIR BIN MOHD TAJUDDIN v 1. ) MAJLIS PERBANDARAN SEBERANG PERAI 2. ) Pihak Berkuasa Tatatertib Majlis Bandaraya Seberang Perai
Catchwords
The Law / General Principles of JR Judicial review (“JR”) is not an appeal against the decision itself, but rather a supervisory jurisdiction concerned with the legality of the decision-making process. It does not examine the merits or correctness of the decision, but instead scrutinises whether the decision was made in accordance with established legal principles. In contrast, an appeal is concerned with the merits of the decision, whereby the appellate court is entitled to review the substance of the case and, where appropriate, substitute the decision of the original decision-maker with its own. In JR proceedings, the Applicant must strictly confine their arguments to the pleaded grounds outlined in their statement. They cannot introduce new issues or rely on matters that were not initially raised.
Judges (1)
Judgment
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Read on eJudgmentSource: eJudgment (pa-25-50-10-2021)