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Saturday, April 21, 2012

JUDICIAL REVIEW FOR DUMMIES




Basics in judicial review;

  1. Under Order 53 ROHC, it must be made within 40 days from the date the decision was communicated.
  2. Its a public law remedy, similar to private law but under different terminology. For instance injunction v prohibition.
  3. Good reference; Administrative Law by MP Jain.
  4. Purpose to challenge decision by a public body. Who is public body? Refer case University Merdeka, must have some element of control.
  5. Who can file? A victim or aggrieved party with locus standi. (O.53 R.2 SR4)
  6. Leave to be applied first;
  • When to apply? 40 days from decision date communicated,
  • Filed in High Court,
  • 1st to be filed is form 111A,
  • 2nd is statement,
  • 3rd is affidavit.
7. If leave granted (2nd stage) must fill form 111B (14 days after leave granted) and ensure include form 111A, statement and affidavit. To serve all respondents within 14 days.
8. Prayers; prerogative orders.

Notes taken by amateur civillian in Bengkel Sivil Juham 1/2012 @ Bangi Golf Resort, 21 April 2012.

1 comment:

  1. Memang membuktikan tuan tidak tidur dalam dewan ceramah

    ReplyDelete