Raswanti a/p Nagaindren
About Raswanti a/p Nagaindren
Raswanti a/p Nagaindren appears as counsel of record in 3 reported Malaysia judgments (2024–2025). These were heard before MYCOA (2) and MYHC (1).
On the court record
Engages the indefeasibility of registered title under section 340 of the National Land Code and the elements, defences and remedies of the law of defamation.
Raswanti a/p Nagaindren appears in this corpus in land law and defamation. In the Court of Appeal (Mahkamah Rayuan) she acted as counsel for the respondents in an appeal concerning the indefeasibility of registered land title under section 340 of the National Land Code (Revised 2020) (Act 828). That provision protects a registered proprietor's title or interest except in defined circumstances, and the appeal engaged the distinction between an "immediate purchaser" and a "subsequent purchaser" and the protection given to a bona fide purchaser for valuable consideration. The allegation was of a fraudulent transfer resting on a forged signature and a fake land title; the court found that the burden of proving fraud had not been discharged, there being no concrete, compelling or cogent evidence, so that the registered title stood. As respondents' counsel she defended the protected title against the challenge that it had been obtained by fraud.
Before the High Court (Mahkamah Tinggi) she appeared as counsel for defendants in a defamation action. The catchwords set out the elements of the claim in both languages — "fitnah" (defamation), covering libel and slander, and the elements of a defamatory statement and its publication ("pernyataan fitnah; penerbitan fitnah"). The defences in issue were the standard ones: justification ("pembelaan kebenaran" — the defence of truth), fair comment ("komen berpatutan") and qualified privilege ("keistimewaan bersyarat"), together with the question of malice ("niat jahat") which can defeat those defences. The remedies canvassed included general and aggravated damages ("ganti rugi am; ganti rugi teruk") and an injunction to restrain further publication, with the court assessing the harm to professional reputation and image.
Taken together, the reported matters show a practice engaging the statutory scheme of land registration and indefeasibility on the one hand, and the law of defamation — its elements, defences and remedies — on the other, across both the appellate and first-instance courts.
How many cases has Raswanti a/p Nagaindren appeared in?
Raswanti a/p Nagaindren appears as counsel of record in 3 reported Malaysia judgments (2024–2025).
Which courts does Raswanti a/p Nagaindren appear in?
Raswanti a/p Nagaindren appears before MYCOA (2) and MYHC (1).
What was the land-title question in the Court of Appeal?
Whether an allegation of fraudulent transfer, resting on a forged signature and fake title, displaced the indefeasibility of registered title under section 340 of the National Land Code — the court holding that the burden of proving fraud had not been discharged for want of concrete, compelling or cogent evidence.
What defences arose in the defamation action?
Justification ("pembelaan kebenaran" — the defence of truth), fair comment ("komen berpatutan") and qualified privilege ("keistimewaan bersyarat"), together with the question of malice ("niat jahat"), with general and aggravated damages and an injunction against further publication in issue.