Professional Documents
Culture Documents
(BIDANGKUASA RAYUAN)
RAYUAN SIVIL NO: 01(f)-4-2008(W)
DI ANTARA
DAN
DI ANTARA
DAN
CORAM
INTRODUCTION
BACKGROUND FACTS
Salam hormat.
t.t.
Dr. Mahathir bin Mohamad
2 September 1998.”
12. As there was no dispute to the facts of the case and the
Court had made its finding on the legal effect of the said
Article, the action discloses no reasonable cause of action
and was obviously unsustainable.
THE APPEAL
18. Before us, Encik Karpal Singh, learned counsel for the
Appellant submitted that the learned Judges of the Court of
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20. Since it was the Yang di Pertuan Agong who in the first
place appointed the Appellant to the said positions pursuant
to Article 43(1) (b) of the FC on the advice of the First
Respondent it must follow that only the Yang di Pertuan
Agong, being the appointing authority, could revoke that
appointment. Section 29 of the Interpretation and General
Clauses Ordinance, 1948 was quoted in support of this
submission.
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OUR FINDINGS
61. The said Order would have been impossible without His
Majesty’s assent. His Majesty had given his assent to the
terms in the said Order which in effect revoked the
Appellant’s appointment. Once assent is given, it shows that
His Majesty had accepted the advice of the Prime Minister
and acted on such advice.
CONCLUSION
Counsel :