NAGARAJ A/L SUBRAMANIAM v GANESH A/L AHWALY

aa-11bncvc-4-03-2024 High Court (Mahkamah Tinggi) 8 April 2025 • AA-11BNCvC-4-03/2024

Catchwords

Civil-Procedure — Appeal — Magistrate’s Court jurisdiction — IOU document — Thumbprint authenticity confirmed by expert—No rebuttal evidence from the appellant — Burden of proof under Evidence Act ss.101, 103 discharged — respondent’s explanation of funds accepted — appellant’s denial speculative, inconsistent, unsupported — Counterclaim seeking declaratory relief misconceived and barred by Subordinate Courts Act 1948 s.65 — Findings of credibility by trial court not disturbed on appeal — Principle of appellate non-interference reaffirmed where there are no error or misdirection shown.

Practice Areas

Civil-Procedure

Judges (1)

Moses Susayan Delivered

Parties (2)

Ganesh a/l Ahwaly Respondent Nagaraj a/l Subramaniam Appellant

Case Significance

NAGARAJ A/L SUBRAMANIAM v GANESH A/L AHWALY is a High Court (Mahkamah Tinggi) decision dated April 8, 2025 (citation: aa-11bncvc-4-03-2024). The case was decided by Moses Susayan.

What was the outcome of NAGARAJ A/L SUBRAMANIAM v GANESH A/L AHWALY?

NAGARAJ A/L SUBRAMANIAM v GANESH A/L AHWALY is a High Court decision dated April 8, 2025. The case was heard by Moses Susayan. See the full judgment for details.