Please enable JavaScript.
Coggle requires JavaScript to display documents.
HIGH COURT - Coggle Diagram
HIGH COURT
Established under article 121(1) of the federal Constitution
There are 2 high courts in Malaysia:-
High court (for West Malaysia)
High court (Sabah and Sarawak)
Composition
Chief judges
47 judges in High Court Malaya
10 judges in Sabah and Sarawak
Jurisdiction:
Types of jurisdiction are:
Original – vested with unlimited criminal and civil jurisdiction
Original Criminal Jurisdiction-
to try all offences committed within its local jurisdiction or on the high seas on board any ship or any aircraft registered in Malaysia or by any citizen or any permanent resident on the high seas on board any ship or on any aircraft.
Original Civil Jurisdiction
High Court has jurisdiction to try all civil proceeding where:
the cause of action arose
The D’ or one of several Defendants resides or has his place of business or
The facts on which the proceeding are based exists or are alleged to have occurred or
Any land the ownership of which is disputed is situated within the local jurisdiction of the court and in any case where all parties consent in waiting within the local Jurisdiction of the other high Court
Specific Civil Jurisdiction – matters relating to divorce, matrimonial cases, admiralty, winding up, guardianship and to grant probate and letter of administration.
Appellate Jurisdiction
To hear civil and criminal appeals from subordinate court
Appellate Criminal Jurisdiction
The hearing of appeals from the subordinate court as provided for by the law (e.g. murder case is whether the facts adduced at trial can constitute Murder or a lesser crime)
Appellate Civil Jurisdiction
The hearing of appeals from the Subordinate Court
No appeals lies to the High Court form a decision of subordinate court in any civil cause or matter where the amount in dispute or the value of the subject matter is RM 10,000 or less except on a question of law
An appeal shall however lie from any decision of a subordinate court maintenance of wives or children, irrespective of the amount involved.
Supervisory jurisdiction
General supervisory jurisdiction over all subordinate court and may call for the record and give the subordinate court such discretion as to the further conduct of any proceedings as justice may require.
Reference of constitutional question by subordinate court
In any proceeding in any subordinate court any question arises as to the effect of any provision of the Federal Constitution
Powers of revision of the HC
In respect of criminal proceedings and matters in the subordinate court in accordance with any law for the time being in force relating to criminal procedure.