Jadual Ketiga THIRD SCHEDULESupplementary
[Section 99A] ADDITIONAL POWERS OF SESSIONS COURTS AND MAGISTRATES’ COURTS Res judicata and multiplicity of proceedings 1. Power to dismiss or stay proceedings where the matter in question is res judicata between the parties, or where by reason of multiplicity of proceedings in any court the proceedings ought not to be continued. Stay of proceedings 2. (1) Power to stay proceedings unless they have been instituted in the District in which— (a) the cause of action arose; (b) the defendant resides or has his place of business; (c) one of several defendants resides or has his place of business; (d) the facts on which the proceedings are based exist or are alleged to have occurred; or (e) for other reasons it is desirable in the interests of justice that the proceedings should be had. (2) (Omitted). Transfer of proceedings 3. (1) (Deleted by Act 7 of 1964). (2) Power, on application or of its own motion, to transfer any proceedings to another court of co-ordinate jurisdiction. Service out of the jurisdiction *4. Power to allow service of its process outside Malaysia in the Republic of Singapore or Sabah, Sarawak or Brunei, or, with the leave of the High Court, elsewhere. Service 5. Power, subject to any written law, to order service of its process at any place or time and in any manner, and to order that service be deemed to have been effected at any time. Set-off 6. (1) Power to allow a defence of set-off in any case where the defence would be allowed in the High Court in England. (2) Where in any action a set-off or counterclaim is established as a defence against the planitiff’s claim the court may, if the balance is in favour of the defendant, give judgment for the defendant for the balance or may otherwise adjudge to the defendant such relief as he may be entitled to upon the merits of the case: Provided that no relief exceeding that which the court has otherwise jurisdiction to award shall be given to the defendant upon the set-off or counterclaim. Discovery and interrogatories 7. Power to order discovery of facts or documents by any party or person in such manner as may be prescribed by rules of court. *NOTE—For application in Sabah and Sarawak–see P.U. (A) 357/1980. Process to compel attendance 8. (1) Subject as hereinafter provided, power to issue process to secure the attendance of any person in court for any purpose, whether by warrant of arrest or summons, and to require any person to give security for his appearance or to meet any claim or demand, in such manner as may be prescribed by rules of court. (2) In default of compliance with any such order for security, or in order to ensure the attendance in court of any person, the court may order that the person be committed to prison for such period, not exceeding six months, and in such manner as may be prescribed by rules of court. (3) No proceedings shall issue to compel the attendance of any person who, by virtue of any written law, is exempted from personal attendance in court. (4) The court may by notice addressed to the officer in charge of the prison require any person in prison to be brought before it for any purpose. Commitment 9. (1) Power to commit to prison for such period, not exceeding six months, and in such manner as may be prescribed by rules of court, any person who wilfully disobeys of fails to comply with any order of the court, or who, with a view to defeating the ends of justice or preventing or delaying the satisfaction of a judgment or order passed, or which may be passed, against him, flees or attempts to flee the jurisdiction, or disposes or attempts to dispose of any property, or evades or attempts to evade the service on him of any process of the court. (2) No order for arrest or commitment under this paragraph or paragraph 8 shall operate to discharge or satisfy any debt. Attachment before judgment 10. Power, in such manner as may be prescribed by rules of court, to order the attachment and sale of any property of any person whom it might commit to prison under paragraph 9. Service of process *11. Power to serve the process of any court outside Peninsular Malaysia. *NOTE—For application in Sabah and Sarawak–see P.U. (A) 357/1980. Poor person 12. Power to permit any person to sue or be sued as a poor person and to withdraw the permission in such manner as may be prescribed by rules of court. 13. (Deleted by Act 7 of 1964). Office copies and certified copies 14. Power to issue and use for any purpose office copies or certified copies of any proceedings in that court, and to use and act upon any office copy or certified copy issued by another court. Costs 15. Power to award costs of any proceedings including proceedings which have been stayed and proceedings beyond its jurisdiction; all such costs to be in the discretion of the court, save as by any written law provided. Execution of documents 16. Power to execute, or direct any of its officers to execute, any transfer, conveyance, assignment, contract or other document, including an endorsement on a negotiable instrument, which any person has been ordered by the court to execute, if he has neglected or refused to execute the same or is out of the jurisdiction, and the same shall operate to all intents as if executed by that person. 17. (Deleted by Act 7 of 1964). Execution *18. (1) For the purpose of executing any judgment or order or of attaching property before judgment the court by its appropriate officer may break into any house or other enclosed premises, using such force as may be necessary, and may similarly break into any part thereof or any safe, cupboard, or other container therein. (2) Power to examine any person as to his or any other person’s property or as to any disposal thereof. *NOTE—For application in Federal Territory, Sabah and Sarawak–see P.U.(A) 43/1974, P.U. (A) 72/1974 and P.U. (A) 357/1980. (3) Power to act in aid of another court by executing or carrying out any judgment or order thereof in like manner as it could itself have done to the extent and in manner prescribed by rules of court. (4) Power, in the course of, or in connection with, the execution of a judgment or order or the attachment of property before judgment, to make all proper orders, deal with property and award damages or compensation, arising out of the execution or attachment, notwithstanding that the value of the property or amount of the damages or compensation exceed the pecuniary limit of the jurisdiction of the court as set out in sections 65, 90 and 92. (5) (a) In this subparagraph “Islamic Religious Court” shall include Syariah Courts, Courts of Muftis, Courts of Chief Kadi, Courts of Kadi, Councils and similar bodies authorized by any written law to exercise judicial functions in relation to Islamic law or Malay customary law, and the Yang di-Pertuan Agong or a Ruler, when exercising judicial functions in relation to Islamic law or Malay customary law. (b) A Sessions Court in the State of Johore, Kedah, Kelantan, Negeri Sembilan, Pahang, Perak, Perlis, Selangor or Terengganu may execute any judgment or order of an Islamic Religious Court having jurisdiction in the State in which the Sessions Court is situate, where the amount or value of the subject matter exceeds five thousand ringgit and notwithstanding that it may exceed the pecuniary limit of the jurisdiction of that Court. (c) A Magistrates’ Court presided over by a First Class Magistrate in the Federal Territory or the State of Johore, Kedah, Kelantan, Negeri Sembilan, Pahang, Perak, Perlis, Selangor or Terengganu may in the like manner execute any such judgment or order, where the amount or value of the subject matter does not exceed five thousand ringgit. Discharge of orders 19. Power to discharge, vary or suspend the operation of any of its judgments or orders to the extent and in manner provided by rules of court. Punishment of corporation 20. Power, where any corporation is guilty of any act or omission which, if it were an individual, would render it liable to arrest or commitment, to order the arrest of or commit any officer of the corporation who caused or willfully permitted or contributed to the act or omission, and also to fine the corporation. Interest 21. Power to direct interest to be paid on debts, including judgment debts or on sums found due on taking accounts between parties, or on sums found due and unpaid by receivers or other persons liable to account to the court. Time 22. Power to enlarge or abridge the time prescribed by any written law for doing any act or taking any proceedings, although any application therefor be not made until after the expiration of the time prescribed. Enforcement of judgment 23. Power to enforce a judgment of the Court in any manner which may be prescribed in any written law. 24. (Omitted). Defence 25. Power, notwithstanding section 69, to give the like effect to every ground of defence, whether equitable or legal, as ought to be given in the like case by the High Court and in as full and ample a manner. Contempt of court 26. Power to take cognizance of any contempt of court and to award punishment for the same, not exceeding, in the case of a Sessions Court, a fine of three hundred ringgit or imprisonment for six weeks, in the case of a Magistrates’ Court presided over by a First Class Magistrate, a fine of one hundred and fifty ringgit or imprisonment for three weeks, and in the case of a Magistrates’ Court presided over by a Second Class Magistrate, a fine of fifty ringgit or imprisonment for one week, to such extent and in such manner as may be prescribed by rules of court. If the contempt of court is punishable as an offence under the Penal Code, the court may, in lieu of taking cognizance thereof, authorize a prosecution. Interim payments 26A. Power to make interim payments. Powers under other laws 27. Such other powers as are now or may hereafter be conferred upon it by any written law. *FOURTH SCHEDULE [Subsection 77(1)] EX OFFICIO FIRST CLASS MAGISTRATES For All States Deputy Chief Secretaries. Principal Assistant Secretary to Chief Secretary. Chief Registrar of the Federal Court. Deputy Registrars (in Peninsular Malaysia) of the Federal Court. Senior Assistant Registrars (in Peninsular Malaysia) of the Federal Court. Assistant Registrars (in Peninsular Malaysia) of the Federal Court. Registrar of the High Court in Malaya. Deputy Registrars of the High Court in Malaya. Senior Assistant Registrars of the High Court in Malaya. Assistant Registrars of the High Court in Malaya. Sessions Courts Judges. Registrar of the Subordinate Courts in Malaya. Registrar of the Subordinate Courts in Sabah and Sarawak. Deputy Registrars of the Subordinate Court. †Senior Assistant Registrars of the Subordinate Courts. For their respective States State Secretaries. Under Secretaries. First Assistant Secretaries to State Secretaries. *NOTE—For application in Federal Territory, Sabah and Sarawak–see P.U. (A) 43/1974 and P.U. (A) 357/1980. † NOTE—see P.U. (B) 65/2013. Directors of Lands and Mines. District Officers. District Administrative Officers. Assistant District Officers in charge of Sub-Districts. Land Administrator for the Federal Territory. **EX OFFICIO SECOND CLASS MAGISTRATES † Assistant Registrars of the Subordinate Courts **NOTE—For application in Sabah–see P.U. (A) 357/1980. † NOTE—see P.U. (B) 65/2013. *FIFTH SCHEDULE [Section 110] REPEAL Ordinances and Short title Extent of repeal Enactment F.M.S. Cap. 2 The Courts Enactment The whole Enactment, except the provisions relating to the Courts of Kadi and Assistant Kadi and appeals therefrom Johore Enactment The Courts Enactment ,, ,, No. 54 Kedah Enactment Enactment No. 25 ,, ,, No. 25 (Courts) Kelantan Enactment The Courts Enactment ,, ,, No. 31 of 1938 Perlis Enactment The Courts Enactment ,, ,, No. 4 of 1330 1330 Terengganu The Courts Enactment ,, ,, Enactment No. 4 of 1340 S.S. Cap. 10 The Courts Ordinance The whole S.S. Cap. 11 The Court of Criminal ,, Appeal Ordinance Johore Enactment The Justices of the ,, No. 7 of 1935 Peace Enactment 1935 Kedah Enactment The Justices of the ,, No. 28 of 1354 Peace Enactment S.S. Cap. 21 The Criminal Procedure Section 17 Code *NOTE—For application in Sabah and Sarawak–see P.U. (A) 357/1980. Ordinances and Short title Extent of repeal Enactment M.U. Ordinance The Courts Ordinance The whole No. 3 of 1946 LAWS OF MALAYSIA SUBORDINATE COURTS ACT 1948