Litigation

Syariah Litigation

1. To provide advisory services via following processes :

  • To advice in all Syariah cases handled by the headquarters;

  • To provide legal advice verbally to all applicants on various laws in Malaysia;

  • To review the statitistics and reports on the Syariah advices given from the headquarters as well as the branches and to report them to the ICT unit and management meetings;

  • To design, supervise and organize litigation and advisory courses, training, workshops and so on to be attended by various levels of officers and staffs og Legal Aid Department.

 

2. To represent client in Court via following process:

  • To interview the applicant in order to determine the merit of the case and the financial capability of the applicant;
  • To interview the applicant who are eligible for legal aid for the purpose of drafting the relevant pleadings; 
  • To prepare the pleadings and supporting documents for the purpose of litigation in court
  • To represent client in court;
  • To provide assistance in appeal cases handled by Syariah Deputy Director General ;
  • To review the statitistics and reports on the Syariah advices given from the headquarters as well as the branches  and to report them to the  ICT unit and management meetings; 
  • To conduct research on the litigation and advisory cases;
  • To ensure the uniformity of actions taken and procedures done by all of the Legal Aid Department branches

Civil Litigation

Decsription of civil proceedings

  • Proceedings under the Married Women and Children (Maintenance) Act 1950 [Act 263].
  • Proceedings under the Maintenance Orders (Facilities for Enforcement) Act 1949 [Act 34] for a provisional order.
  • Proceedings under the Married Women and Children (Enforcement of Maintenance) Act 1968 [Act 356].
  • Rights and liabilities under the Workmen's Compensation Act 1952 [Act 273].
  • Rights and liabilities under the Padi Cultivators (Control of Rent and Security of Tenure) Act 1967 [Act 528].
  • Rights and liabilities under the Small Estates (Distribution) Act 1955 [Act 98].
  • Rights and liabilities in respect of civil action action for damages arising out of accidents involving motor vehicles within the meaning of the Road Transport Act 1987 [Act 333].
  • Rights and liabilities under the Moneylenders Act 1951 [Act 400].
  • Rights and liabilities in respect of proceedings for divorce and custody.
  • Rights and liabilities in respect of proceeding relating to tenancy.
  • Rights and liabilities under the Hire-Purchase Act 1967 [Act 212].
  • Applications for Probate and Letters of Administration.
  • Rights and liabilities under the Adoption Act 1952 [Act 257].
  • Consumer claims. 

Criminal Litigation

  • All criminal proceedings in which the accused not being represented by counsel pleads guilty to the charge or charges and wishes to make a plea in mitigation in respect thereof.
  • Criminal proceedings under the Child Act 2001 [Act 611].
  • Criminal proceedings under the Minor Offences Act 1955 [Act 336].