Banking Law
4 cases · March 2019 to November 2025
Case Volume by Year
1 19
3 25
2019–2025
Key Issues & Sub-Topics
Islamic banking — Commodity Murabahah Term Financing-i — Alleged Shariah non-compliance — Whether facility void — Effect of non-— Whether regulatory breach renders contract unenforceable compliance — Set-off — Fixed deposits — Acceleration upon default — Whether termination a condition precedent — Right of bank to combine accounts — Islamic Financial Services Act 2013 ss 28 & 281 — Section 24(e) Contracts Act 1950 1 Islamic finance — Bai' Bithaman Ajil (BBA) facility — Default — Ibra' (rebate) — Whether ibra' deductible in computation of debt upon default by bank — Distinction between early settlement by customer and termination upon default — Conclusive evidence clauses — Whether “manifest error” shown 1 Banker–customer relationship — Right to combine and consolidate accounts — Set-off clause operative post-liquidation — Seven-day notice requirement satisfied by contractual deeming provision — Proof of posting sufficient. 1 Banker and customer — Joint account — Bank honoured forged cheque presented by surviving joint account holder (“survivor”) — Whether survivorship clause conferred survivor beneficial ownership of the money in joint account — Whether bank absolved its liability under joint account by adhering to survivorship clause — Whether payment made pursuant to survivorship clause by way of a forged cheque and in breach of s 24 of the Bills of Exchange Act 1949 constituted a valid discharge by bank — Whether bank had contractual relationship with respondents — Whether respondents had cause of action over joint account to which they were not parties — Bills of Exchange Act 1949 ss 24 and 73A Evidence Law — Proof — Admissibility — Admissibility of oral evidence — Whether oral evidence could be admitted to contradict written term of banking contract that joint account was personal account — Whether Court of Appeal erred in admitting oral evidence 1
Islamic banking — Commodity Murabahah Term Financing-i — Alleged Shariah non-compliance — Whether facility void — Effect of non-— Whether regulatory breach renders contract unenforceable compliance — Set-off — Fixed deposits — Acceleration upon default — Whether termination a condition precedent — Right of bank to combine accounts — Islamic Financial Services Act 2013 ss 28 & 281 — Section 24(e) Contracts Act 1950 1 case
Islamic finance — Bai' Bithaman Ajil (BBA) facility — Default — Ibra' (rebate) — Whether ibra' deductible in computation of debt upon default by bank — Distinction between early settlement by customer and termination upon default — Conclusive evidence clauses — Whether “manifest error” shown 1 case
Banker–customer relationship — Right to combine and consolidate accounts — Set-off clause operative post-liquidation — Seven-day notice requirement satisfied by contractual deeming provision — Proof of posting sufficient. 1 case
Banker and customer — Joint account — Bank honoured forged cheque presented by surviving joint account holder (“survivor”) — Whether survivorship clause conferred survivor beneficial ownership of the money in joint account — Whether bank absolved its liability under joint account by adhering to survivorship clause — Whether payment made pursuant to survivorship clause by way of a forged cheque and in breach of s 24 of the Bills of Exchange Act 1949 constituted a valid discharge by bank — Whether bank had contractual relationship with respondents — Whether respondents had cause of action over joint account to which they were not parties — Bills of Exchange Act 1949 ss 24 and 73A Evidence Law — Proof — Admissibility — Admissibility of oral evidence — Whether oral evidence could be admitted to contradict written term of banking contract that joint account was personal account — Whether Court of Appeal erred in admitting oral evidence 1 case
Court Distribution
Key People & Firms
Cases
wa-22m-1024-08-2024
MAYBANK ISLAMIC BERHAD v 1. ) TRANSKON SDN. BHD. 2. ) YEE KIM MUN
25 November 2025
MYHC
wa-24mfc-657-07-2025
CIMB ISLAMIC BANK BERHAD v 1. ) ZAINUL AZIZAN BIN ZAINUL AZIZ 2. ) NOOR HANIS BINTI ZAINUL AZIZAN
5 November 2025
MYHC
wa-24ncc-68-02-2024
KELUARGA UTAMA SDN. BHD. (In Liquidation) v PUBLIC BANK BERHAD
26 October 2025
MYHC
no-02f-133-11-2017w
Public Bank v 1. New Ace Digital Print Sdn Bhd 2. Cheah Yang Kiang
13 March 2019
MYFC