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Sathya Kumardas

Shearn Delamore & Co. Shearne Delamore Called to the Bar in 2003 6 appearances

About Sathya Kumardas

Sathya Kumardas appears as counsel of record in 6 reported Malaysia judgments (2024–2026). These were heard before MYHC (6).

On the court record

Sathya Kumardas appears in the reported corpus as a commercial, banking and civil litigator, with evidence, jurisdiction and corporate-capacity questions among the reported matters at the High Court. His evidence work is visible in a dispute over the admissibility of without-prejudice communications under section 23 of the Evidence Act 1950, where the court considered whether any exception applied — the high threshold requiring that any unambiguous impropriety be clear on the face of the communication, a non-response being insufficient. A more unusual matter concerns the overlap between the civil and Shariah jurisdictions over a joint fixed-deposit account with a survivorship clause, where the issues included the right of survivorship, hibah (a gift), the concept of pemberian ikhlas and alang semasa hidup (a sincere gift made during one's lifetime), faraid (Islamic inheritance) and the risk of double proceedings under the Shariah Courts (Kedah Darul Aman) Enactment 2008.

His banking and company work rounds out the picture. In a negligence claim he was engaged where a bank was alleged to have breached its duty of care by releasing an original property title to third parties on the strength of a forged letter of authorisation, raising whether a concurrent duty in tort can override or circumscribe the contractual banker-and-customer relationship. In a company matter he was engaged on the ultra vires doctrine and corporate capacity, where the validity of financing and security agreements was challenged on the footing that the company's objects clause did not permit pharmaceutical business activities, engaging section 20(1) of the Companies Act 1965. He was also engaged in a judicial-review matter turning on whether a decision existed when the application was filed, whether it was time-barred, and whether a power to investigate was a discretionary power amenable to review. Across these reported decisions his work moves between evidence, banking, company capacity and administrative law, marking Sathya Kumardas as a versatile commercial and civil litigator.

6
Appearances
2003
Year of Call
2
Firms
No
Senior Counsel

How many cases has Sathya Kumardas appeared in?

Sathya Kumardas appears as counsel of record in 6 reported Malaysia judgments (2024–2026).

Which courts does Sathya Kumardas appear in?

Sathya Kumardas appears before MYHC (6).

What areas does Sathya Kumardas's reported work cover?

Commercial, banking and civil litigation — the admissibility of without-prejudice communications under section 23 of the Evidence Act 1950, civil-Shariah jurisdictional overlap over a joint account, a banker's duty of care over a forged authorisation, corporate capacity and the ultra vires doctrine, and judicial review.

What jurisdictional overlap featured in his reported work?

The overlap between the civil and Shariah courts over a joint fixed-deposit account with a survivorship clause — engaging the right of survivorship, hibah (a gift), faraid (Islamic inheritance) and the risk of double proceedings under the Shariah Courts (Kedah Darul Aman) Enactment 2008.

Practice Areas (from case appearances)

Counsel Defendant (4)

Counsel Respondent (1)

Counsel Plaintiff (1)