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Cases

NIVESH NAIR MOHAN v. DATO' ABDUL RAZAK MUSA & ORS
Federal Court, Putrajaya
Tengku Maimun Tuan Mat CJ, Mohd Zawawi Salleh, Zaleha Yusof, Harmindar Singh Dhaliwal, Rhodzariah Bujang FCJJ
[Criminal Application No: 05(RJ)-2-03-2021(W)]
30 July 2021
[2021] 6 MLRA 128

JUDGMENT

Tengku Maimun Tuan Mat CJ:

Introduction

[1] Enclosure 1 is an application pursuant to r 137 of the Rules of the Federal Court 1995 to review and set aside the order of this court dated 19 February 2021.

[2] The applicant is one Nivesh Nair Mohan ('detenu') whose case stems from an application for habeas corpus which was dismissed by the High Court. On appeal to this court, the order of the High Court was upheld on 19 February 2021 by a majority of 4-1. This court delivered two written judgments - one on behalf of the majority ('majority judgment') and the other the dissenting judgment ('minority judgment').

[3] After carefully considering parties' written submissions and upon hearing their oral submissions, we were satisfied that the high threshold of review was made out and as such, we unanimously allowed encl 1.

[4] We now provide our reasons for the said decision.

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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