NAME
NAME : NUR AMIRAH BINTI ABDUL WAHAB
ID STUDENT : 2018200336
CLASS : AC2201A
LAW446 : TEST 1
i) Pak Belalang – plaintiff
Che Ta – Defendant
According to Pak Belalang and Che Ta case, their matters will mention by high court. The third-highest courts in the hierarchy of courts are The High Courts in Malaysia. Based on Article 121 of Federal Constitution of Malaysia provides that there are be two High Court of coordinate jurisdiction which is the High Court in Malaya and the High Court in Sabah and Sarawak. Both of the two High Court have their chief judges which is 60 judges in High Court Malaya and 13 judges in High Court in Sabah and Sarawak.
In the High Court Original Jurisdiction, it has unlimited criminal and civil powers. Any civil matter which cannot be determined in the subordinate courts is heard before the High Court. In this case, it fall under original civil jurisdiction on section 23, 24. The High Court has jurisdiction to try all civil matter but generally confines itself to matter on which the Magistrates and Sessions Courts have no jurisdiction. These includes among others, bankruptcy or winding-up matters, probates, administration of the estates of deceased persons, accident motor vehicle, landlord, distress and other civil generally claims where the amount in dispute exceeds RM 1 million.
With regard, to the situation given, when Che Ta goats and cattle entered in to Pak Belalang farm and destroyed all the watermelons. This can be causes suffered losing amount to RM 2 million by Pak Belalang as a result of the destruction of his farm. Pak Belalang had fulfilled one of the condition of high court under original civil jurisdiction (section 23 and section 24), which is generally the amount of civil claims is more than RM 1 million that suffered losing by Pak Belalang amount RM 2 million.
In conclusion, Pak Belalang can sue and take legal actions against Che Ta for damages farm causes by a goat and cattle’s Che Ta. Therefore, Pak Belalang also can claims for the destruction that happened to him.
ii)Pak Pandir – Plaintiff
Tanggang – Defendant
Subordinate Courts in Peninsular Malaysia, relevant to commerce, consist of Magistrates’ Courts ( First Class Magistrate and Second Class Magistrate ) and Session Court. According to Pak Pandir and Tanggang case, the court that has jurisdiction to hear is First Class Magistrate under Magistrates’ Courts.
Based on Section 78 of the Subordinate Courts Act 1948, which is to qualify as a First Class Magistrate he must be a member of the Judicial and Legal Service of the Federation.
In the First Class Magistrate, there are two types of jurisdiction which is civil and criminal. In this case, it’s classified as criminal jurisdictions because of the crime that Tanggang’s do is stole the Pak Pandir’s motorcycle. Under section 85 of the Subordinate Courts Act 1978 amended by the Subordinate Courts Act 1978, the First Class Magistrate under criminal jurisdiction to try all the offences for which the maximum term of punishment provided by law does not exceed ten years imprisonment, or all offences punishable with fine only and offences under sections 392 (punishment for robbery) and sections 457 (lurking, house-trespass or housebreaking at night) of the Penal Code.
The First Class Magistrate under criminal may pass any sentences allowed where a person is found guilty by law not exceeding five years imprisonment, fine up to RM 10,000, whipping of up to 12 strokes or combination of any mentioned.
With regard, to the situation given, Tanggang was involved with gangsters who stole motorcycles in the village and Pak Pandir’s motorcycles have been stolen by Tanggang which is Tanggang commit robbery offences as stated under section 392 in criminal jurisdiction of First Class Magistrate. Therefore, Tanggang also already been arrested and charged with theft under Panel Code. This can be causes Tanggang have to face the 5 years imprisonment or less than prison or he has to pay a fine up to RM 10,000 or both mentioned.
As a conclusion, the court that has the jurisdiction to hear Tanggang’s cas are at the First Class Magistrate because of Tanggang was arrested and charges with theft under Panel Code. Pak Pandir also will get a justice from this case happened.
