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Singapore

Tay Kah Tiang v Public Prosecutor

The court held that the appellant had physical possession of the drugs and failed to rebut the presumption of trafficking under s 17 of the Misuse of Drugs Act. The court also affirmed that additional evidence will only be admitted on appeal in extraordinary circumstances where t

Sushant Shukla· ·12 min read
Singapore

Thiruselvam s/o Nagaratnam v Public Prosecutor

The Court of Appeal dismissed the appeal, affirming that the prosecution holds the discretion to charge abettors with either capital or non-capital offences. This exercise of power does not violate the constitutional right to equality before the law.

Sushant Shukla· ·13 min read
Singapore

Syed Yasser Arafat bin Shaik Mohamed v Public Prosecutor

The court held that the appellant's physical possession of the haversack containing drugs was proven beyond reasonable doubt, and his silence at trial justified an adverse inference under s 196(2) CPC.

Sushant Shukla· ·12 min read
Singapore

Tan Boon San v Public Prosecutor

The case affirms that an accused person's claim of ignorance regarding the nature of drugs must be scrutinized against all surrounding circumstances to rebut the statutory presumption of knowledge.

Sushant Shukla· ·14 min read
Singapore

Tribune Investment Trust Inc v Soosan Trading Co Ltd

The court held that the appellants failed to prove the existence of a valid contract between themselves and the Russian seller, and failed to prove that the respondents had knowledge of any such contract or intended to induce a breach.

Sushant Shukla· ·13 min read
Singapore

Tiessen Trading Pte Ltd v Collector of Land Revenue

The Court of Appeal held that the proper method of land valuation is a question of fact, not a question of law, and therefore an appeal against the Land Acquisition Appeals Board's decision on valuation is not permitted under s 29(2) of the Land Acquisition Act.

Sushant Shukla· ·14 min read
Singapore

Rainforest Coffee Products Pte Ltd v Rainforest Cafe, Inc

The court held that the registered user provisions of the Trade Marks Act (Cap 332, 1992 Ed) are permissive rather than mandatory, and that a proprietor's intention to use a trade mark through a franchisee is sufficient to satisfy the requirement of 'proposed to be used' under s

Sushant Shukla· ·13 min read
Singapore

Lum Chang Building Contractors Pte Ltd v Anderson Land Pte Ltd

An arbitral award rendered pursuant to a court-ordered reference under s 22 of the Arbitration Act (Cap 10, 1985 Rev Ed) does not require adoption by the court to be effective, and an appeal against such an award lies directly to the Court of Appeal.

Sushant Shukla· ·13 min read
Singapore

Lau Lee Peng v Public Prosecutor

The defence of grave and sudden provocation requires both a subjective loss of self-control and an objective test of whether a reasonable man would have been so provoked. The appellant failed both tests.

Sushant Shukla· ·12 min read
Singapore

Ching Mun Fong (executrix of the estate of Tan Geok Tee, deceased) v Liu Cho Chit and Another Appeal

The court held that the failure to join a party in earlier proceedings does not necessarily constitute an abuse of process under the doctrine of res judicata in the wider sense, unless there is an additional element of harassment or collateral attack.

Sushant Shukla· ·13 min read
Singapore

The "Epic"

A lien clause in a head time charter is not incorporated into a bill of lading where the terms of the time charter are inapposite to the voyage, and the bill of lading is governed by the terms of a spot charter.

Sushant Shukla· ·13 min read
Singapore

Moad Fadzir bin Mustaffa v Public Prosecutor [2024] SGCA 20

A second application for permission to review a decision of the Court of Appeal is prohibited by s 394K(1) of the CPC, and the court's inherent power to review should only be invoked in exceptional cases where credible evidence surfaces that renders the facts irrefutable.

Sushant Shukla· ·14 min read
Singapore

Abdoll Mutaleb bin Raffik v Public Prosecutor and another appeal [2023] SGCA 12

The court held that a conspiracy charge requires proof of an agreement, and where evidence of such agreement is inconsistent or insufficient, the charge cannot be sustained. The court may exercise its powers under s 390(4) of the CPC to alter a charge on appeal if there is suffic

Sushant Shukla· ·12 min read
Singapore

TANGARAJU S/O SUPPIAH v PUBLIC PROSECUTOR

An application for permission to review a concluded appeal under s 394H of the CPC requires the applicant to show sufficient material capable of showing almost conclusively that there has been a miscarriage of justice, which is not satisfied by a mere change in the law.

Sushant Shukla· ·14 min read
Singapore

OK TEDI FLY RIVER DEVELOPMENT FOUNDATION LTD & 8 Ors v PNG SUSTAINABLE DEVELOPMENT PROGRAM LIMITED

A fiduciary relationship cannot be established where the parties have entered into a comprehensive suite of written contracts that do not identify the claimants as beneficiaries, and where the respondent has no voluntary undertaking to act in the claimants' interests.

Sushant Shukla· ·13 min read
Singapore

CJA v CIZ

The court held that an arbitral tribunal does not exceed its jurisdiction by interpreting contractual provisions in a manner that differs from the parties' submissions, provided the issues were live and the tribunal's reasoning is based on evidence before it.

Sushant Shukla· ·13 min read
Singapore

PANCHALAI A/P SUPERMANIAM & Anor v PUBLIC PROSECUTOR

The court dismissed a criminal motion seeking a stay of execution based on an allegation of reasonable apprehension of bias against the Chief Justice, finding the motion to be an abuse of process and devoid of merit.

Sushant Shukla· ·15 min read
Singapore

TAN SENG KEE v ATTORNEY GENERAL

The court held that s 377A is unenforceable in its entirety based on the doctrine of substantive legitimate expectations arising from the Government's and the Attorney-General's representations regarding non-enforcement.

Sushant Shukla· ·16 min read
Singapore

ANDREW LOH DER MING v KOH TIEN HUA

A solicitor must communicate frankly and candidly with their client when instructions conflict with the duty to the court; if the client insists on an untenable position, the solicitor should discharge themselves rather than act against instructions or conceal actions from the cl

Sushant Shukla· ·17 min read
Singapore

VKC v VJZ & Anor

An anti-suit injunction may be granted on the ground that foreign proceedings are vexatious or oppressive, even if the foreign proceedings do not breach an exclusive jurisdiction clause, provided Singapore is the natural forum and the foreign proceedings are unconscionable.

Sushant Shukla· ·13 min read
Singapore

CREST CAPITAL ASIA PTE LTD & 4 Ors v INTERNATIONAL HEALTHWAY CORPORATION LTD & Anor

The court held that where a judgment debt is paid by one of several jointly and severally liable judgment debtors on behalf of all, the restitutionary rule does not entitle the paying debtor to a refund from the judgment creditor upon a successful appeal by that debtor alone; ins

Sushant Shukla· ·13 min read
Singapore

CDM & Anor v CDP

The jurisdiction of an arbitral tribunal is defined by the pleadings, and an issue is within the tribunal's jurisdiction if it is raised in the pleadings, even if not in the initial Notice of Arbitration or Statement of Claim.

Sushant Shukla· ·13 min read
Singapore

CHANDER KUMAR A/L JAYAGARAN v PUBLIC PROSECUTOR

An application for leave to review a criminal decision must satisfy the stringent requirements of s 394J of the Criminal Procedure Code, including the requirement that the material relied upon is new and compelling.

Sushant Shukla· ·13 min read
Singapore

Abdul Karim Bin Mohamed Kuppai Khan v PUBLIC PROSECUTOR

The Dual Charging Practice, where the Prosecution prefers concurrent charges for cannabis and cannabis mixture arising from a single compressed block of cannabis-related material, is impermissible.

Sushant Shukla· ·13 min read