Me, The All-Time Desultory

My sis is away for Bangkok trip. Asides not having dinner company, my only gripe being to look after her three 'kids'. Gal, WELCOME BACK!!!

A Mumbai teen, Jamal Malik who grew up in the slums, becomes a contestant on the Indian version of "Who Wants To Be A Millionaire?". On suspicion of how could a street boy got this far in the game, he was arrested for cheating when the game breaks for the night.

While being interrogated, events from his life eg. his childhood in the slum with his brother, vicious encounters with the local gangs and his loved one, Latika, etc. are revealed. Each chapter of his story becomes the key to the answer for the game show's questions.

Just what this young man with no apparent desire for riches really doing on the game show? I leave it to you to find out the answer.


Story that leaves you breathless. A film so upbeat that, by the time you’re relaying its infectious air of optimism to friends, you almost forget that it features poverty, orphans, organised crime, enslavement and police brutality. A f#cking good film I tellya!

I always wonder and amazed by how judges deliberate on certain issues before reaching a judgement of 72 pages just to make a simple point. You are right, I'm still in very much doubt of the very reason I signed up for law studies.

The good thing is, some of the lecture classes can be real entertaining. Lecturers play a big part to blur case like me. And this owner of college happens to be one of those who manage to attract my attention when he speaks. He stands out, with his passion in teaching, not forgetting his size.

I'm never too keen in revising what I learnt in class until and unless exam is near, where the limited timeline renders a good chance of failing if I were to keep my cool not doing my bit as a candidate.

Allright, let's see the distinct contrast of me and a judge. I never discredit my capability in summarising notes/statements/points/facts/judgement etc. 3 hours lessons into a 3 minutes worth of writing, Here goes:-

When a contract/agreement is in existence, S91 comes in handy. According to the section, no other evidence except for the document itself/secondary evidence of such contents in the agreement can be tendered to court as evidence. However, S92 laid down the exceptions where oral agreement can be admitted provided it is admitted to add, subtract, vary or contradict the terms of the original contract. Of what I remember, some of the conditions where oral evidence can be admitted being:-

(1) a collateral agreement with terms not inconsistent with the original terms provided the original terms is silent on the terms seeking to be added in-court then shall have regards to the degree of formality of the document.
(2) there is a condition precedent of what was said prior entering into the contract
(3) language in the original contract is vague
(4) it is a custom/usage usually attached to the agreement of the same description
the conditions goes on...excuse me for my limited memory space :p

For documentary evidence, the contents can only be proved via primary or secondory evidence-S61. S62 explains what primary evidence is and S63 laid down what secondary evidence includes. I noted subsection(e), for which oral accounts of the contents given by one who has himself seen/heard/perceived as secondary evidence. The application of such differs from S92 especially in answering questions given situation where one intends to provide oral evidence of the content without the intention to vary the terms. S64 says primary evidence has to be tendered but S65 provides for situations where secondary evidence are allowed. Amongst what I can recall, in case where it is impractical to bring the primary evidence to court, original was destroyed/lost or cannot be produced within reasonable time, non-production of the original by people in possession upon notice given, public document, certified copy blabla...Notice is produced is governed under S66. S104 says that the burden or proving the above is upon whoever wishes to give evidence. In a civil suit where one did not object to the mode of proof, it will operate as a waiver per Noriana Sulaiman's case. This differs in criminal suit pursuant to Lee Kok Nam's case and objection can even be taken at appellate stage.

Also, no facts of which the courts take judicial notice need be proven - S56 and S57 laid down the list of 14 categories of fact on which judicial notice must be taken. Pembangunan Maha Murni v Jururus Ladang Sdn Bhd provides that the list in the section aint exhaustive. In answering problem question, it is advisable that one looks into the aggravating factors, for example, rampancy of the offence to see whether judges may take into account of the rampancy to past a heavier sentence. Judicial notice must be taken on subject of common/general knowledge. The test being whether the fact is sufficiently notorious that it becomes proper to presume the existence without proof-Pembangunan Maha Murni's case. If yes, judicial notice must be taken.

And to hell with the standard and burden of proof topics! String of cases with long-winded arguments and constant switch of test to establish whether there is a prima facie case.It all started of with the pre-amendment position in Arulpragasan and post amendment position of Haw Tua Tau, followed by the later cases of Balachandran, Dato Seri Anwar Ibrahim and Looi Kow Chai. First stage, the maximum evaluation test coupled with actual beyond reasonable doubt test. Then minimal evaluation leading to a presumption being true unless the evidence is inherently incredible. Finally they settle with an in-between position where maximum evaluation still holds but the next step being to ask, if the judge decides to call upon defendent to enter his defence and defendent elects to remain silent, is the judge prepared him in the totality of evidence as contained in the Prosecution's case. No worries, no ordinary men need to comprehend whatever test mentioned above. We all have many better things to do in life, aren't we?

Gosh...what went wrong in my head? I'm doing this after attending class? I think I need a good rest, chao!

Thanks to endless reminder from Mr Y, I start re-organising my thoughts and look at the priorities in life. And this has got totally nothing to do with what I’m about to write in the next 2 minutes :p

“Bib” carries the meaning of napkin worn by babies yet all this while, the term has been casually used to address the band a practising laywyer wears around his neck in Courts. I wiki-ed for the right term; barrister’s jabot is called “bands”. However, they are called “collarettes” when worn by ladies over their blouses without collars.

A young lawyer, who appeared before a panel of judges without a collarettes got the firm she works for and her pupilage Master, alas, into trouble (apart from her case being ordered to be taken over by another lawyer) on the ground of not-suitably attired in Malaysia. Situation varied to a self-claimed rookie Malaysian lawyer, who by chance, ended up a good friend of a judge in NZ court for wearing brown shoes when appearing before this High Court judge. How so? The said judge liberally made his point and the lawyer took it by courtesy.

How can not wearing a band be a bar to one’s duty and right to appear before the judge. I seriously see no logic in penalising one for the above ommission. Just why should it be made compulsory and worse still, the said matter was turned into a media event - an overnight bad publicity for the young lady and her firm. What miserable experience that was! Maybe, lessons to learn and all of you young chap out there, please be reminded of the court etiquette/attire the next round you pay judge a visit in Courts.

I wonder how chambering life is gota be like…

My life hasn't been a peaceful one..at least that is what my family perceives. People asked about my new year resolution, I was like...what and why the heck I bother? Then again, I think I do have.

Mental arithmetics rep when i was young, so in love with the healthy competition among the peers and of course the rewards plus honour that came after the winning; switched to badminton for life when I was a tad older, then I crazily involved in giving crap excuses for things I hate doing but developed a keen interest in physics at the later stage of my high school year. Oddly, I obtained all distinctions in my academics whilst skipping the most classes one can ever imagine!

College year wasn't so interesting apart from waking up late for exam due to 'strenuous' shopping sessions, caught my roomate did it LIVE with her boyfriend, and...wore skirts and started keeping long hair after god knows how long I have my hair so short (blame it on the sports and my laziness). Bless it aint too traumatising picking up law as my undergraduate program. Midway doing my degree, I become a fulltime body combat instructor and I stil am...on freelance basis. That gives me sufficient 'justification' to skip CLP after the degree.

Pa said: "Continue with your studies or get a job in corporate world". I picked the latter. He was shocked but hasn't much say. Partly, I believe, he knows how stubborn a kid I am. Hence the new chapter of my life begins.

I worked as an Exec Trainee in a conglomerate in town. First time of my life in corporate world...Lucky me, kind and friendly colleagues around, not to forget the Superman-boss, my best pointer plus the good food in town. Enjoying every bit of it until I get the offer from Bank Negara, things changed not to my like. For certains reasons after due consideration, I turned down the offer and were transferred to another department where I met this 'lou goo poh'. Man....little did i realise how evil people in this world could be, especially woman and Es-especially woman boss. Loathe recollecting how much trouble I got into whilst working for her. Well, life goes on. I got another better offer from one of the big four hence off I go to where I am.

Guess what, I'm resigning. For...? the last thing any close buddy will believe, Certificate of Legal Practice (CLP). The saying of one always end up doing something they loudly and proudly pronounce "I will never do that!" is so true and happened once again to make my life more colourful, to the better I hope.

Between getting a fix salary monthly and focus on my studies the next couple of months to get my CLP papers done, I sacrifice the earlier. Another "lou dao" of mine influences my thought a tiny bit. He is the coolest, most sporting partimer I ever encounter; weirdo in other words but I cherish this friendship as much I cherish my cheese and chocolate:) Though whether I can get through the exam is stil an unknown, I would like to thank both my real pa, and "lou dao", you guys rock!

By the way, to some of the colleagues and friends, I have a confession to make. Yes, I did work for awhile after leaving Corporate Finance. Life is too short to sit around haa!