Syed Faisal bin Syed Amir

On the judicial record

A cross-section of a High Court's civil and criminal work in Bahasa Malaysia, spanning rehabilitation habeas corpus, drug trafficking under the Dangerous Drugs Act 1952, indefeasibility under section 340 of the National Land Code, and association-membership disputes.

Syed Faisal bin Syed Amir sits in the High Court, and this collection is a civil and criminal list heard largely in Bahasa Malaysia. Public-law and liberty matters feature through a habeas corpus application engaging the drug-dependants treatment and rehabilitation regime and whether the absence of a start and end date for rehabilitation on the prescribed Form 3 was fatal to the detention. Association law appears through a dispute over the expulsion of a life member and whether it was carried out in accordance with the association's constitution. Drug prosecutions under seksyen 39B Akta Dadah Berbahaya 1952 (section 39B of the Dangerous Drugs Act 1952) recur, including charges amended to alternative charges under section 39A(2) with the sentence adjusted accordingly, and housebreaking under section 457 of the Penal Code read with section 17 of the Prevention of Crime Act 1959. Land features through whether title was protected against fraud under section 340 of the National Land Code and through possession proceedings under Order 89 of the Rules of Court 2012 where a joint-venture agreement had been declared void. Company and contract matters include a winding-up petition and whether it should be stayed pending related suits, and a dispute over an indemnity and guarantee evidenced in part by a voice message. Civil procedure recurs through the late service of a record of appeal under Order 55 and whether the word shall is mandatory. The judgments state the issue, often as a direct question, and resolve it against the governing provision, glossing the Malay as it appears. Private individuals and accused persons are referred to by role; corporate, governmental and statutory parties are named. A recurring theme is the court's attention to statutory and constitutional compliance in detention and procedure. The collection is a useful cross-section of a High Court's civil and criminal work.