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Articles of Law by Bhag Singh
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The right to be heard depends on the circumstances of each case
08/01/2008 The Star Articles of Law By Bhag Singh
THE right to be heard is a principle of natural justice. If action is to
be taken against a person and he will face punishment or be deprived of
his rights, then he must be given an opportunity to defend himself.
Justice must not only be done but it must be seen to be done. As such, a
person who is presiding over a tribunal that hears a complaint must not
have an interest in the outcome or be biased. The rule on bias is
interpreted very liberally so that if it can be shown that there is
likely to be bias, this rule will be considered to be breached. One does
not have to show actual bias.
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Misleading ads
19/02/2008 The Star Articles of
Law By Bhag Singh
A buyer’s rights are governed by the contract entered into, and rarely by
the claims made in an advertisement.
ADVERTISEMENTS of products and services often catch our attention. Just as
often, the expectations created by the advertisements fall short of what is
offered or available.
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Auction caution
11/03/2008 The Star Articles of Law by BHAG SINGH
Properties sold at an auction may appear to be cheap. But buyers need to
understand the various aspects that could indirectly hike up the price.
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No turning back
18/03/2008 The
Star Articles of Law by BHAG SINGH
A BUYER, having placed an order with one party that is able and willing
to perform its obligations may then meet a supplier who can supply the
same at a cheaper price. Can the buyer just decide not to go ahead with
the transaction? Very often, a transaction is entered into by merely
asking for a quotation and accepting it. |
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Non-delivery
01/04/2008 The
Star Articles of Law by BHAG SINGH
NEWSPAPER reports often carry stories of people being short-changed in
one way or another. There was the story of a woman whose dream to run a
daycare centre, turned into a nightmare when the contractor collected
the entire sum for the renovation and disappeared after completing only
60% of the work. |
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No protection for property
buyers
08/04/2008 The Star Articles of
Law By Bhag Singh
The Housing Developers Act 1966 only provides protection where housing
accommodation is involved.
THERE is a general perception that a buyer of landed property is protected
by laws which are specifically enacted to safeguard him. Hence a reader was
surprised that as a buyer of a unit in a shopping complex, he was not so
protected. He asked whether he could claim compensation if the project was
abandoned. |
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Caution required
03/06/2008 The
Star Articles of Law by BHAG SINGH
Things to look out for when buying a plot of land in a foreign country.
VARIOUS organisations are involved in selling plots of land in foreign
countries and many people are excited about buying such land. The
advertisements are well displayed and the advantages of the purchases are
highlighted. |
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‘Fighting’ a will
10/06/2008 The
Star Articles of Law by BHAG SINGH
The will of a non-Muslim effectively disposes of his property. The only
possibility of some modification is where there are dependents with
disability or acute need. ONCE the grieving is over following the death of a
family member or relative, the attention of those left behind invariably
turns to the material aspects of what has been left for them. |
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Empty promises
24/06/2008 The
Star Articles of Law by BHAG SINGH
Promises made by government officers may have little or no value when it
comes to the issue of land.
A PROMISE made by one person to another that is acted upon often leads to a
binding arrangement. It is an arrangement that not only creates rights but
can also be pursued and enforced. |
Know your limits
01/07/2008 The Star Articles of Law by BHAG SINGH
It is possible to make provisions for compensation payable if breaches can
be foreseen, otherwise the relief obtained may be inadequate. ALL may appear
to be well when the buyer of a house meets the seller and the terms and
conditions, including the price of say, RM100,000 are agreed to. A Sale and
Purchase Agreement is then prepared after which it is signed and duly
attested and stamped, and a copy handed to the seller and buyer. |
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Articles of Law by Bhag Singh
Pages > 01 |
02 | 03 |
04 | 05 |
06 | 07 | 08
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