Rules Of The Court Of Appeal 1994 Malaysia Pdf 20

Rules Of The Court Of Appeal 1994 Malaysia Pdf 20

Rules Of The Court Of Appeal 1994 Malaysia Pdf 20 ->>->>->> https://geags.com/2ttVie

Rules of the Court of Appeal 1994 Malaysia PDF: A Guide for Lawyers and Litigants

The Rules of the Court of Appeal 1994 Malaysia (P.U.(A) 524/1994) are a set of rules that govern the procedure and practice of the Court of Appeal, which is the second highest court in Malaysia. The rules were made by the Chief Justice under section 17 of the Courts of Judicature Act 1964 and came into force on 1 January 1995.

The rules cover various aspects of civil appeals, such as:

How to file and serve a notice of appeal and a memorandum of appeal

How to apply for leave to appeal or review a court order

How to enter and withdraw an appeal

How to amend an appeal

How to deal with urgent appeals

How to present evidence and affidavits

How to make motions and other applications

How to obtain a stay of proceedings or interest on appeal

How to proceed as a pauper or change parties by death or otherwise

How to obtain a certificate of final decision or grounds of judgment

The rules also provide for the powers and duties of the Court of Appeal, such as:

To hear and determine appeals by way of re-hearing on notice

To amend, admit further evidence, or draw inferences of fact on appeal

To dismiss or allow an appeal with or without costs

To make any order that the High Court could have made

To remit any matter to the High Court for further consideration

To give any direction or make any order as may be necessary for doing justice on appeal

The rules are essential for lawyers and litigants who wish to pursue or defend an appeal in the Court of Appeal. They provide clear and comprehensive guidance on how to comply with the requirements and formalities of the appellate process. They also ensure that the appeals are heard and disposed of efficiently and fairly by the Court of Appeal.

The rules are available in PDF format from the official website of the Judiciary of Malaysia at https://www.kehakiman.gov.my/sites/default/files/2020-05/RULES%20OF%20THE%20COURT%20OF%20APPEAL%201994%20%28P.U.%28A%29%20524_1994.PDF. Alternatively, they can be accessed from other online sources such as http://webopac.miti.gov.my/neuseal/Record/0000008134.

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Why Appeal to the Court of Appeal?

The Court of Appeal is the intermediate appellate court in Malaysia. It hears appeals from the High Court in both civil and criminal matters. The Court of Appeal also hears appeals from the Industrial Court and the Syariah Court in certain cases.

An appeal to the Court of Appeal is not a matter of right, but a matter of leave or permission. This means that a party who wishes to appeal must first obtain leave from either the High Court or the Court of Appeal, unless the appeal falls within certain categories that do not require leave.

The grounds for obtaining leave to appeal are generally based on whether there is a question of law or fact that merits consideration by the Court of Appeal, or whether there is any other sufficient reason to grant leave. The party applying for leave must also show that there is a reasonable prospect of success on appeal.

An appeal to the Court of Appeal is usually based on the record of proceedings and evidence in the High Court, unless the Court of Appeal allows further evidence to be adduced. The appeal is by way of re-hearing on notice, which means that the Court of Appeal will review and re-evaluate the findings and decisions of the High Court, and may affirm, reverse or vary them, or make any other order as it deems fit.

An appeal to the Court of Appeal is important for parties who are dissatisfied with the outcome of their cases in the High Court, and who believe that there are errors or injustices that need to be corrected by a higher court. An appeal to the Court of Appeal may also have an impact on the development and interpretation of the law in Malaysia.

How to Appeal to the Court of Appeal?

The procedure and practice for appealing to the Court of Appeal are governed by the Rules of the Court of Appeal 1994 Malaysia (P.U.(A) 524/1994). The rules provide clear and comprehensive guidance on how to comply with the requirements and formalities of the appellate process. The rules also ensure that the appeals are heard and disposed of efficiently and fairly by the Court of Appeal.

The rules cover various aspects of civil appeals, such as:

Filing and serving a notice of appeal within 14 days from the date of decision or order appealed against, or within 14 days from obtaining leave to appeal

Filing and serving a memorandum of appeal within 8 weeks from filing a notice of appeal

Entering an appeal by paying a prescribed fee within 8 weeks from filing a notice of appeal

Preparing and filing a record of appeal within 8 weeks from filing a memorandum of appeal

Fixing a hearing date for an appeal within 6 months from filing a record of appeal

Presenting oral arguments or written submissions at the hearing

Receiving a judgment or order from the Court of Appeal

The rules also provide for various applications that can be made before or during an appeal, such as:

Applying for leave to appeal where required

Applying for stay of proceedings or interest pending appeal

Applying for amendment or withdrawal of an appeal

Applying for urgent or expedited hearing of an appeal

Applying for review or rehearing of a court order

Applying for certificate of final decision or grounds of judgment

The rules also prescribe various forms and fees that must be used and paid for an appeal. The rules also stipulate various time limits and consequences for non-compliance with the rules.

The rules are essential for lawyers and litigants who wish to pursue or defend an appeal in the Court of Appeal. They provide clear and comprehensive guidance on how to comply with the requirements and formalities of the appellate process. They also ensure that the appeals are heard and disposed of efficiently and fairly by the Court of Appeal. 248dff8e21