Jurisdiction Of High Court In Malaysia

Mahkamah tinggi di malaya and the high court in sabah and sarawak malay. Determine law made by parliament legislature of a state is valid invalid. The high courts in malaysia are the third highest courts in the hierarchy of courts after the federal court and the court of appeal article 121 of the constitution of malaysia provides that there shall be two high courts of co ordinate jurisdiction the high court in malaya and the high court in sabah and sarawak before 1994 the high court in borneo.

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The article 121 of the constitution presents two high courts of equivalent jurisdiction the malaysian high court and the high court in sarawak and sabah.

Jurisdiction of high court in malaysia. The jurisdiction of the courts in civil or criminal matters are contained in the subordinate courts act 1948 and the courts of judicature act 1964. The federal court of malaysia in the highest court of the land. There are two 2 high courts having coordinate jurisdiction in malaysia namely the high court in malaya malay.

Decide on disputes on any other question between states between federation any other states in malaysia. Jurisdiction chief justice. The high court may act as a court of first instance and appellate court.

Mahkamah tinggi di sabah dan sarawak. Jurisdiction of court in malaysia by anis shuib 1. The hierarchy of courts begins from the magistrates court sessions court high court court of appeal and finally the federal court.

The magistrates court the court for children and the sessions court are subordinate courts. There are generally two types of trials criminal and civil. This court also hears criminal appeals but only on those cases when first the high court has exercised its original jurisdiction in the matter.

The high court held that the application of the defendants using section 25 2 and paragraph 12 of the schedule of the courts of judicature act 1964 is defective on the basis that the provision only grants the powers but not the jurisdiction to the court to transfer proceedings. This is the highest court in malaysia and hears appeals of civil decisions of the court of appeal where the federal court gives the permission. The high court in malaya consists of a chief judge and forty seven judges whilst high court in sabah and sarawak consists of a chief judge and ten judges.

Hence this forms two different local jurisdictions of courts for the peninsular malaysia and also for the east malaysia. The malaysian legal system hierarchy is explained below. In malaysia there are two high courts having coordinate jurisdiction and status that is the high court in malaya and the high court in sabah and sarawak.

Location of high court in malaysia subordinate court background historical background hierarchy jurisdiction the registrar s office of the. The hierarchy of courts of malaysia starts with the magistrates court as the first level followed by the sessions court high court court of appeal and the federal court of malaysia. Federal court of malaysia istana kehakiman precint 3 62506.