MOHD HISHAM BIN HAJI ABD SAMAD v MAJLIS PEGUAM MALAYSIA

wa-24ncvc-3346-09-2024 High Court (Mahkamah Tinggi) 17 November 2024 • WA-24NCvC-3346-09/2024 • 4 min read

Catchwords

1. The Plaintiff applied for the certificate issued by the Defendant under section 88(1) of the Legal Profession Act 1976 (“the Act”) be set aside. Section 88(1) of the Act states as follows: “(1) The Bar Council may if it has reasonable cause to believe that an advocate and solicitor, or a clerk or servant of an advocate and solicitor, has been guilty of dishonesty in connection with that advocate and solicitor's practice as an advocate and solicitor or in connection with any trust of which that advocate and solicitor is a trustee, issue a certificate to that effect and thereupon the Schedule, except paragraph 7 thereof, shall apply in relation to that advocate and solicitor.” 2. The Plaintiff also applied for the firm of Tetuan Azam Idham Azman & Partners (“the firm”) be reinstated into the Roll of Advocate and Solicitors and the freeze on the firms account be lifted. 14. In the upshot the Court to dismissed the Plaintiff’s Originating Summons with a cost of RM3, 000.

Judges (1)

Akhtar bin Tahir Delivered

Counsel (5)

GK Ganesan Firm Lope Maizura Firm K.N. Geetha Counsel Defendant Lheela Counsel Defendant Nabilah Jasmine Counsel Plaintiff

Parties (2)

MAJLIS PEGUAM MALAYSIA Respondent Mohd Hisham bin Haji Abd Samad Applicant

Statutes Cited

Federal Constitution

Art 5

Legal Profession Act 1976 (Cap 166)

Judgment

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Source: eJudgment (wa-24ncvc-3346-09-2024)