Sharing the notes [2014] "There is always a room for the readers to excite themselves with 'CORRECTION' & 'CREATIVITY'". Malaysia Land Law National Land Code [NLC] CHARGE (S.241(1) NLC) ü Who can charge? - S.205 & S.43 (Indi. ; not a minor, Corp, Govt, Any authorized body) ü Concept : 1. Here, the chargor (pencagar / land owner / etc) will charged his land to the chargee (penerima cagaran / Bank) as security for the loan made, and registered as per NLC. (Registration give statutory right to the chargee). 2. Chargor’s right / remedy Ø Tender payment (Sec. 266 (1)). v Here, the chargor have right at any time before the order for sale is being made to make a full payment for the loan he indebted to, and get an order to stop such sale of land, and reinstate his right to get the land. 3. Char...
Mooting Script for Leading Appellant GROUND 1 – REVOCATION OF ENTRY PERMIT IS NOT VALID Leading Appellant: May it please Your Lordship, my name is Miss Amera Mohd Yusof and I appear as senior counsel, representing the appellant. My learned friend Miss Eisah Radiah Ramli will be junior council for the appellant. Across the way, Miss Nabilah Mohd Azmi will appear as senior counsel for the respondent and Miss Amelia Fazira Ayob will represent the respondent as junior counsel. The case before us concerns the issue of revocation of the entry permit and also demolishment of the appellant’s building. Do Your Lordship find a brief summary of the facts of the instant case helpful? If Your Lordship has no further questions on the facts of the case, I shall proceed to my submissions. My Lord, if I can refer you to the skeleton argument for the appellant, you will see that there are two ground of appeal. I will deal with the first ground and my learned junior wi...
Sharing the notes [2014] "There is always a room for the readers to excite themselves with 'CORRECTION' & 'CREATIVITY'". JUAL JANJI ü This transaction is not recognized under NLC. ü Court only recognized this transaction under the contract of sale. – S.206(3) ü CONCEPT : 1. The borrower will ‘transfer’ the land to the lender as security of loan transaction, and lender will ‘take possession’ of it. 2. Upon the ‘take possession’, the lender may make out any profits from the lands, and those profits shall belongs solely to the lender, as symbolising an interest for the loan that he had given to the borrower. 3. Remedy for the borrower Ø He can discharged the land (get back the land) after made a full payment within the period of time agreed. 4. Remedy for th...
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