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Latest articles

Singapore

American Express Bank Ltd v Abdul Manaff bin Ahmad and Another and Other Appeals [2003] SGHC 256

Section 13(c) of the Supreme Court of Judicature Act (Cap 322) exempts the wages and salary of a judgment debtor from garnishment.

Sushant Shukla· ·13 min read
UAE

Cabinet Resolution Concerning the Committee for Preventing Cyber Threats and Malware

Analysis of Cabinet Resolution Concerning the Committee for Preventing Cyber Threats and Malware (Cabinet Resolution, ) — covering scope, key definitions, obligations, penalties, and interaction with other UAE legislation.

Sushant Shukla· ·4 min read
Singapore

Excel Golf Pte Ltd v Allied Domecq Spirits & Wine (Singapore) Ltd [2003] SGHC 255

The court has no power in a breach of contract case to order a defendant to publish a public apology.

Sushant Shukla· ·14 min read
UAE

Federal Decree by Law Regarding the Reorganization of the UAE Space Agency

Analysis of Federal Decree by Law Regarding the Reorganization of the UAE Space Agency (Federal Decree-Law, ) — covering scope, key definitions, obligations, penalties, and interaction with other UAE legislation.

Sushant Shukla· ·4 min read
Singapore

The Melati [2003] SGHC 254

The court held that the failure to serve a Statement of Claim on time and without leave is an irregularity under Order 2 r 1, which does not nullify the proceedings, and that the court has the power to extend time for service.

Sushant Shukla· ·13 min read
UAE

Federal Decree by Law Concerning the Regulation of the Space Sector

Analysis of Federal Decree by Law Concerning the Regulation of the Space Sector (Federal Decree-Law, ) — covering scope, key definitions, obligations, penalties, and interaction with other UAE legislation.

Sushant Shukla· ·7 min read
Singapore

Velstra Pte Ltd (in liquidation) v Dexia Bank Belgium [2003] SGHC 253

The court has discretion to stay civil proceedings where there are concurrent criminal proceedings, but the burden is on the applicant to show a real danger of prejudice.

Sushant Shukla· ·13 min read
Singapore

B Subramaniam a/l Banget Raman v Public Prosecutor [2003] SGHC 252

The definition of 'harbouring' under the Immigration Act includes the act of giving a ride or lift to an immigration checkpoint to an immigration offender, even if the assistance is subtle.

Sushant Shukla· ·12 min read
UAE

Federal Decree Law on The Projects of Future Nature

Analysis of Federal Decree Law on The Projects of Future Nature (Federal Decree, ) — covering scope, key definitions, obligations, penalties, and interaction with other UAE legislation.

Sushant Shukla· ·2 min read
Singapore

MCI Worldcom Asia Pte Ltd v Chembell Technology Sdn Bhd [2003] SGHC 251

The court held that the defence of illegality failed as the defendant did not prove that the services provided by the plaintiff were in contravention of Malaysian telecommunications law.

Sushant Shukla· ·12 min read
UAE

Federal Decree by Law Concerning the Protection of Personal Data

Analysis of Federal Decree by Law Concerning the Protection of Personal Data (Federal Decree-Law, ) — covering scope, key definitions, obligations, penalties, and interaction with other UAE legislation.

Sushant Shukla· ·5 min read
Singapore

Pan-West (Pte) Ltd v Grand Bigwin Pte Ltd [2003] SGHC 250

The court held that the defendants' sale of golf clubs bearing the 'KATANA' mark infringed the plaintiffs' registered trade mark in Singapore, as the defendants lacked the plaintiffs' consent. The court also found the defendants liable for passing off.

Sushant Shukla· ·13 min read
UAE

Federal Decree-Law Regulating Telecommunications

Analysis of Federal Decree-Law Regulating Telecommunications (Federal Decree-Law, ) — covering scope, key definitions, obligations, penalties, and interaction with other UAE legislation.

Sushant Shukla· ·4 min read
Singapore

Public Prosecutor v Teng Boon Leng [2003] SGHC 25

The court held that an inference must account for all known facts and be the only reasonable inference to be drawn to be valid in criminal proceedings.

Sushant Shukla· ·13 min read
UAE

Cabinet Resolution Regarding Excise Goods, the Tax Rates or Amounts Imposed Thereon, and the Method of Calculating the Excise Price

Analysis of Cabinet Resolution Regarding Excise Goods, the Tax Rates or Amounts Imposed Thereon, and the Method of Calculating the Excise Price (Cabinet Resolution, ) — covering scope, key definitions, obligations, penalties, and interaction with other UAE legislation.

Sushant Shukla· ·6 min read
Singapore

Poh Sai v Public Prosecutor [2003] SGHC 249

The court held that the appellant's conduct was consistent with that of a shoplifter, despite the lack of concealment, given the evidence of her suspicious behaviour and the crowd conditions.

Sushant Shukla· ·12 min read
Singapore

Public Prosecutor v Oh Hu Sung [2003] SGHC 248

A judge is generally functus officio after sentence is pronounced, and s 217(2) of the Criminal Procedure Code is an exception that must be strictly construed, requiring an obvious mistake or one admitted by all parties to be rectified before the court rises for the day.

Sushant Shukla· ·13 min read
UAE

Cabinet Resolution Regarding the Application of the Reverse Charge Mechanism to the Trade of Scrap Metal between Registrants in the State for Value Added Tax Purposes

Analysis of Cabinet Resolution Regarding the Application of the Reverse Charge Mechanism to the Trade of Scrap Metal between Registrants in the State for Value Added Tax Purposes (Cabinet Resolution, ) — covering scope, key definitions, obligations, penalties, and interaction with other UAE legis...

Sushant Shukla· ·4 min read
Singapore

Group Exklusiv Pte Ltd v Diethelm Singapore Pte Ltd [2003] SGHC 247

A purchaser is entitled to rescind a contract for the sale of land subject to planning approval if the relevant authority has provided a clear and conclusive rejection of the application, and the purchaser has taken all reasonable steps to obtain such approval.

Sushant Shukla· ·14 min read
UAE

Cabinet Resolution Regarding Unincorporated Partnership Treated as Taxable Person in their Own Right for the Purposes of Federal Decree by Law Regarding Taxation and Corporations and Businesses

Analysis of Cabinet Resolution Regarding Unincorporated Partnership Treated as Taxable Person in their Own Right for the Purposes of Federal Decree by Law Regarding Taxation and Corporations and Businesses (Federal Decree-Law, ) — covering scope, key definitions, obligations, penalties, and inter...

Sushant Shukla· ·3 min read
UAE

Cabinet Resolution Exempting Certain Persons from the Corporate Tax for the Purposes of Federal Decree by Law Regarding Taxation of Corporations and Businesses

Analysis of Cabinet Resolution Exempting Certain Persons from the Corporate Tax for the Purposes of Federal Decree by Law Regarding Taxation of Corporations and Businesses (Federal Decree-Law, ) — covering scope, key definitions, obligations, penalties, and interaction with other UAE legislation.

Sushant Shukla· ·3 min read
Singapore

United Overseas Bank Limited v Victor F A Fernandez [2003] SGHC 246

The court held that s 65(3) of the Bankruptcy Act refers to contingent liabilities, not contingent assets, and that a debtor cannot rebut the presumption of inability to pay debts under s 62 of the Act by mere assertions of future assets.

Sushant Shukla· ·12 min read
UAE

Cabinet Resolution Regarding the Determination of the Non-Resident Person's Nexus in the State for the Purpose of Federal Decree by Law Regarding Taxation of Corporations and Businesses

Analysis of Cabinet Resolution Regarding the Determination of the Non-Resident Person's Nexus in the State for the Purpose of Federal Decree by Law Regarding Taxation of Corporations and Businesses (Federal Decree-Law, ) — covering scope, key definitions, obligations, penalties, and interaction w...

Sushant Shukla· ·4 min read
Singapore

Sum Lye Heng (also known as Lim Jessie) v Management Corporation Strata Title Plan No 2285 and Others [2003] SGHC 245

The High Court has inherent jurisdiction to grant a permanent stay of criminal proceedings (including private summonses) if they are an abuse of process, such as when they are initiated for an improper collateral purpose or lack any proper foundation.

Sushant Shukla· ·12 min read