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PERSATUAN HAINAN SELANGOR DAN WILAYAH PERSEKUTUAN

Organisation 2 cases

About PERSATUAN HAINAN SELANGOR DAN WILAYAH PERSEKUTUAN

PERSATUAN HAINAN SELANGOR DAN WILAYAH PERSEKUTUAN appears as a party in 2 judgments in the MY Case Law database, spanning June 2025 to January 2026. PERSATUAN HAINAN SELANGOR DAN WILAYAH PERSEKUTUAN appeared as respondent in 2 cases. Cases span the Court of Appeal (1), High Court (1).

How many court cases involve PERSATUAN HAINAN SELANGOR DAN WILAYAH PERSEKUTUAN?

PERSATUAN HAINAN SELANGOR DAN WILAYAH PERSEKUTUAN appears in 2 published judgments from June 2025 to January 2026. Most commonly as respondent (2 cases).

Practice Areas

The Court of Appeal allowed the appeal and set aside the High Court’s decision. Section 40 of the Societies Act 1966 does not mandate prior reference to the Registrar of Societies absent an express constitutional requirement or parties’ consent. The General Council and Executive Committee acted ultra vires the Association’s Constitution by rejecting the Disciplinary Committee’s findings, imposing suspension, and expelling the appellant without proper recommendation or procedure. The appellant was denied natural justice, particularly the right to be heard on appeal and at the extraordinary general meeting. 1 the relationship that governs an association and its members is contractual in nature-as long as the 2nd EGM Notice complies with the requirements as set out in the Constitution, the Association must convene the EGM as the right of members to requisition for an EGM is entrenched in the Constitution-Order 18 rule 12 (1) of the Rules of Court 2012 the particulars of the alleged fraud or misrepresentation must be specifically pleaded-it is trite law that where a constitution confers power to appoint, it is a necessarily implied term that the appointing authority should also have the power to remove, to suspend, to-reappoint or reinstate-the doctrine of agents of necessity-An interim General Council can be elected as an agent of necessity to ensure that the Association continues to operate and function normally until the next AGM-There is no law that requires a Court to scrutinize the motives, benevolent or otherwise of members of an association or society, if the members so wish to remove the office bearers. Each member has the absolute right to vote for or against any resolution. It may be a member does not like the face of an office bearer and thus vote against him. That is his prerogative as a member-an application to convert an Originating Summon to a writ will not be allowed if the Originating Summon can be decided based on affidavit evidence-an application to transfer an Originating Summon and consolidate the Originating Summon with a writ action will not be allowed if it will delay a fair hearing of the Originating Summon. 1

Respondent (2)