Court of Appeal
Court of Appeal Malaysia
Court of Appeal was established in 1994. Jurisdiction of the Court of Appeal are: -
(A) jurisdiction to decide the appeal against the High Court or a judge thereof (except the High Court decision rendered by the registrar or other officer of the Court and can be appealed to a judge of the Court under federal law) and
(B) any other jurisdiction conferred by or under federal law. (Article 121 (1B) of the Constitution)
Starting from October 1, 2006 the number of Court of Appeal has now increased to 22 by order of the Yang di-Pertuan Agong (Article 122A (1) of the Constitution) Amendment of PU (A) 385/2006.
Composition of the Court of Appeal
Article 122A (1) of the Federal Constitution provides for the Court of Appeal shall consist of a chairman (who was called "President of the Court") and, fifteen of the other judges.
Appointment of Judges
Court of Appeal of Article 122B (2) and (4) of the Federal Constitution provides that the President of the Court of Appeal and Judges, the Court of Appeal shall be appointed by the Yang di-Pertuan Agong, acting on the advice of the Prime Minister, after consultation with the Conference of Rulers.
Before giving advice the Prime Minister shall consult the Chief Justice and President of the Court.
Composition of the Court of Appeal
Every proceeding in the Court of Appeal shall be heard and disposed of by three Judges or by any odd number greater Judges as the President in any particular case. (Section 38 Courts of Judicature Act 1964).
In Article 122A (2) of the Federal Constitution a judge of the High Court may sit as a judge of the Court of Appeal where the President of the Court of Appeal held that the interests of justice so require, and the judge shall be nominated for that purpose (as the case requires) by the President of the Court after consultation the Chief Justice of the High Court.
Court Conference
Court of Appeal sitting in the Palace of Justice, Putrajaya. However, the President of the Court of Appeal may, if considered expedient, direct that any appeal be heard at any time and any place in Australia (section 39 Courts of Judicature Act 1964).
Dikemaskini pada : Mon, 20/06/2011 - 10:27am — Webmaster
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