Equity Jurisdiction of courts: with reference to Civil Courts and the Industrial Court

Ali Mohamed, Ashgar Ali and Kasi, Arun (2022) Equity Jurisdiction of courts: with reference to Civil Courts and the Industrial Court. In: Equity & trusts in Malaysia: law & practice. Thomson Reuters Asia Sdn. Bhd., Kuala Lumpur, Malaysia., pp. 273-283. ISBN 978-967-2723-16-5

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Abstract

The Malaysia legal system is largely based on the English legal system, particularly in relation to administration of common law and equity. The Rules of Court 2012, currently in force in Malaysia, is based on the English Rules of the Supreme Court (Revision) 1965, now repealed and replaced in England and Wales with the Civil Procedure Rules of 1998. The structure of judiciary, their operation and appeal systems are significantly different. Alongside this, in Malaysia, the Islamic legal system - particularly on personal matters involving family law - is applicable only to those professing the religion of Islam, and it is enforceable by the Syariah Courts. Apart from the enactment of written laws by the Federal Parliament and the State Legislative Assemblies in accordance with the provisions of the Ninth Schedule of the Federal Constitution, the English common law and rules of equity also forms part of laws in Malaysia pursuant to sections 3 and 5 of the Civil Law Act 1956. Further, the word ‘law’ in Article 160 of the Federal Constitution includes “the common law in so far as it is in operation in the Federation or any part thereof” which is in fact is in relation to the application of English common law and equity pursuant to the Civil Law Act 1956. The general reception of English law in Malaysia is however subject to three statutory limitations namely, the absence of local legislation, the cut-off dates in some cases, and the local circumstances and local inhabitants. On matters relating to tenure or conveyance or assurance of or succession to any immovable property, the application of ‘law of England’ has been excluded pursuant to section 6 of the Civil Law Act 1956. Having said the above, this chapter discusses the jurisdiction of the Malaysian courts that are empowered to award the equitable remedies such as specific performance, injunctions, declarations, rectification, rescission and adjudicating disputes relating to trusts, among others. It is worthwhile noting that such remedies are partly codified and regulated by the Specific Relief Act 1950 and are subject to the provisions in the Act and the court’s discretion. References will also be made to the jurisdiction and powers of the Industrial Court pursuant to the Industrial Relations Act 1967 which in its true sense is a ‘court of equity and good conscience’.

Item Type:	Book Chapter
Uncontrolled Keywords:	Equity, Jurisdiction, Civil Courts, Industrial Courts,
Subjects:	K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Dr. Muhamad Hassan Ahmad
Date Deposited:	10 Mar 2023 17:14
Last Modified:	10 Mar 2023 17:14
URI:	http://irep.iium.edu.my/id/eprint/103934

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