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Latest articles

Singapore

Ng Ngah Len @ Datin Sandra Kuah v Kuah Tian Nam @ Dato Peter Kuah [2003] SGHC 109

The court held that the multiplier for lump sum maintenance should be guided by the circumstances of the case, rather than a strict rule, and that financial contributions by a wife, even if modest, deserve recognition in the division of matrimonial assets.

Sushant Shukla· ·11 min read
UAE

Federal Decree-Law on Mediation and Conciliation in Civil and Commercial Disputes

Analysis of Federal Decree-Law on Mediation and Conciliation in Civil and Commercial Disputes (Federal Decree-Law, ) — covering scope, key definitions, obligations, penalties, and interaction with other UAE legislation.

Sushant Shukla· ·5 min read
Singapore

Public Prosecutor v Chia Moh Heng [2003] SGHC 108

Where an accused is convicted of culpable homicide not amounting to murder but does not meet the stringent requirements of s 84 of the Penal Code for insanity, the court must impose a sentence of imprisonment, and in the absence of other statutory provisions, life imprisonment ma

Sushant Shukla· ·13 min read
Singapore

ABC Co v XYZ Co Ltd [2003] SGHC 107

The court held that an application to amend an originating motion to set aside an arbitral award after the expiry of the three-month limitation period under Article 34(3) of the Model Law is governed by O 20 r 5(2) and r 5(5) of the Rules of Court, and such amendments are only pe

Sushant Shukla· ·14 min read
UAE

Federal Decree by Law Establishing and Regulating the Federal Judicial Enforcement Office

Analysis of Federal Decree by Law Establishing and Regulating the Federal Judicial Enforcement Office (Federal Decree-Law, ) — covering scope, key definitions, obligations, penalties, and interaction with other UAE legislation.

Sushant Shukla· ·5 min read
Singapore

Zhao Feng Guo v Tan Hong Soon t/a Intense Engineering Construction [2003] SGHC 106

The court held that an interlocutory judgment in default of appearance will not be set aside on the basis of alleged misrepresentation of qualifications by the plaintiff, as such misrepresentation is too remote from the causation of the tortious act.

Sushant Shukla· ·13 min read
UAE

Federal Decree Concerning the Guard of the State’s Land and Sea Borders

Analysis of Federal Decree Concerning the Guard of the State’s Land and Sea Borders (Federal Decree, ) — covering scope, key definitions, obligations, penalties, and interaction with other UAE legislation.

Sushant Shukla· ·4 min read
Singapore

Chua Chuan Heng Allan v Public Prosecutor [2003] SGHC 105

The court's power to backdate a custodial sentence is discretionary and not an entitlement. Only time spent in remand is relevant for backdating, and the onus is on the offender to bring such facts to the court's attention.

Sushant Shukla· ·13 min read
UAE

Federal Decree Law for Defining the Maritime Areas of the United Arab Emirates

Analysis of Federal Decree Law for Defining the Maritime Areas of the United Arab Emirates (Federal Decree, ) — covering scope, key definitions, obligations, penalties, and interaction with other UAE legislation.

Sushant Shukla· ·4 min read
Singapore

Chua Siew Moi v Oh Thai Nan [2003] SGHC 104

A loan simpliciter is repayable from the date it was made, and a court should not give judgment on the basis of a case or defence that has not been pleaded.

Sushant Shukla· ·13 min read
UAE

Federal Law Concerning Private Security Companies

Analysis of Federal Law Concerning Private Security Companies (Federal Law, ) — covering scope, key definitions, obligations, penalties, and interaction with other UAE legislation.

Sushant Shukla· ·5 min read
Singapore

Chen Weixiong Jerriek v Public Prosecutor [2003] SGHC 103

In Chen Weixiong Jerriek v PP [2003] SGHC 103, the High Court dismissed the appeal and enhanced the sentence to 14 years imprisonment and 24 strokes of the cane, ruling that the totality principle does not protect recidivists from sentences necessary for public safety.

Sushant Shukla· ·8 min read
UAE

Federal Decree by Concerning Law Accountability of Ministers and Senior Federal Officials

Analysis of Federal Decree by Concerning Law Accountability of Ministers and Senior Federal Officials (Federal Decree, ) — covering scope, key definitions, obligations, penalties, and interaction with other UAE legislation.

Sushant Shukla· ·4 min read
Singapore

Toh Lam Seng v Public Prosecutor [2003] SGHC 102

A plea of guilt is not qualified by statements in mitigation unless they contradict material admissions of fact or indicate the lack of an essential ingredient of the offence. The court must investigate if the accused intends to plead guilty unreservedly.

Sushant Shukla· ·13 min read
UAE

Federal Law on the Creation and Regulation of Owners Association

Analysis of Federal Law on the Creation and Regulation of Owners Association (Federal Law, ) — covering scope, key definitions, obligations, penalties, and interaction with other UAE legislation.

Sushant Shukla· ·5 min read
Singapore

Manik Thanwardas Binwani v Tulsidas Udharam Binwani and Another [2003] SGHC 100

A partner's claim for a share of compensation for compulsory acquisition of partnership property was dismissed due to evidence that the partner had divested his interest in the property prior to acquisition and due to laches.

Sushant Shukla· ·12 min read
UAE

Federal Law Concerning Martial Laws

Analysis of Federal Law Concerning Martial Laws (Federal Law, ) — covering scope, key definitions, obligations, penalties, and interaction with other UAE legislation.

Sushant Shukla· ·4 min read
UAE

Cabinet Resolution Extending the Period for Status Regulation for those Subjected to the Provisions of Federal Decree by Law Concerning Electronic Transactions and Trust Services

Analysis of Cabinet Resolution Extending the Period for Status Regulation for those Subjected to the Provisions of Federal Decree by Law Concerning Electronic Transactions and Trust Services (Federal Decree-Law, ) — covering scope, key definitions, obligations, penalties, and interaction with oth...

Sushant Shukla· ·2 min read
Singapore

Public Prosecutor v Ng Beng Siang and Others [2003] SGHC 10

The court held that investigation statements are voluntary and admissible, and that the accused persons failed to rebut the presumption of knowledge of the drugs in their possession.

Sushant Shukla· ·13 min read
UAE

Federal Law Regarding Rehabilitation

Analysis of Federal Law Regarding Rehabilitation (Federal Law, ) — covering scope, key definitions, obligations, penalties, and interaction with other UAE legislation.

Sushant Shukla· ·5 min read
Singapore

Elis Tjoa v United Overseas Bank [2003] SGHC 1

A bank's standard terms and conditions, including clauses requiring a customer to verify statements and notify the bank of discrepancies within a specified period, are binding and can exclude the bank's liability for forged instructions if the customer fails to comply with the no

Sushant Shukla· ·13 min read
UAE

Federal Decree by Law Promulgating Law of Evidence in Civil and Commercial Transactions

Analysis of Federal Decree by Law Promulgating Law of Evidence in Civil and Commercial Transactions (Federal Decree-Law, ) — covering scope, key definitions, obligations, penalties, and interaction with other UAE legislation.

Sushant Shukla· ·3 min read
Singapore

Karuppiah Nirmala v Singapore Bus Services Ltd [2002] SGHC 99

The court held that an award for loss of earning capacity is more appropriate than loss of future earnings when the plaintiff's main skills remain intact despite the accident, and that future medical expenses must be based on probabilities rather than possibilities.

Sushant Shukla· ·12 min read
UAE

Federal Decree by Law Promulgating the Criminal Procedures Law

Analysis of Federal Decree by Law Promulgating the Criminal Procedures Law (Federal Decree-Law, ) — covering scope, key definitions, obligations, penalties, and interaction with other UAE legislation.

Sushant Shukla· ·5 min read