Mohd Abdul Hakim Bin Mohd Ali
About Mohd Abdul Hakim Bin Mohd Ali
Mohd Abdul Hakim Bin Mohd Ali appears as counsel of record in 3 reported Malaysia judgments (2025). These were heard before MYHC (2) and MYCOA (1).
On the court record
Mohd Abdul Hakim Bin Mohd Ali appears in the corpus in land-acquisition, forfeiture and land-administration litigation, argued in the High Court (Mahkamah Tinggi) and the Court of Appeal (Mahkamah Rayuan). One High Court matter, appearing for the defendant, was an application to set aside a High Court order in a land acquisition, on the ground that the acquisition contravened section 43 of the Land Acquisition Act 1960; the questions were whether any such contravention could be validated by section 56, whether the action offended the finality provision in section 68, whether the order was null and void and liable to be set aside ex debito justitiae, and whether the action was met by time-bar, estoppel or delay, engaging the court's inherent jurisdiction. A Court of Appeal matter, appearing for the appellant, concerned the forfeiture of land and raised the constitutional right to property under Article 13(1) of the Federal Constitution; treating forfeiture as quasi-criminal in nature and requiring strict compliance with the constitutional safeguards, the matter examined a forfeiture following an admitted mistake by the Land Office and the alleged concealment of contradictory reports, the service of a Form 6A notice on the wrong entity, the timeliness of an annulment petition, the Registrar's statutory duty to correct errors under provisions of the National Land Code 1965, and whether forfeiture had been used as an unlawful backdoor method of acquisition. A third matter, in the High Court and appearing for the respondent, concerned sections 3 and 43 of the Land Acquisition Act 1960 and the definition of interested parties, and whether the payor in whose favour land was acquired is entitled to intervene in land-reference proceedings. Across the appearances the practice is concentrated on the compulsory acquisition and forfeiture of land and the constitutional and statutory protections that constrain the State.
How many cases has Mohd Abdul Hakim Bin Mohd Ali appeared in?
Mohd Abdul Hakim Bin Mohd Ali appears as counsel of record in 3 reported Malaysia judgments (2025).
Which courts does Mohd Abdul Hakim Bin Mohd Ali appear in?
Mohd Abdul Hakim Bin Mohd Ali appears before MYHC (2) and MYCOA (1).
What constitutional question did the forfeiture appeal raise?
The right to property under Article 13(1) of the Federal Constitution — treating forfeiture of land as quasi-criminal and requiring strict compliance with constitutional safeguards, and examining a forfeiture following an admitted Land Office mistake, service of a Form 6A notice on the wrong entity, the Registrar's duty to correct errors under the National Land Code 1965, and whether forfeiture was an unlawful backdoor method of acquisition.
On what basis was the land-acquisition order challenged?
That the acquisition contravened section 43 of the Land Acquisition Act 1960, raising whether it could be validated by section 56, whether the finality provision in section 68 barred the action, whether the order was null and void and liable to be set aside ex debito justitiae, and whether time-bar, estoppel or delay applied.