by GK Ganesan June 7, 2025
Blog , English , For Lawyers , Home Featured Articles , Industries

Is the ‘Commonality Principle’ in Iskandar Nuli a Jurisprudential Aberration?

The Court of Appeal's 'commonality principle' in Iskandar Nuli represents judicial legislation without statutory foundation. It contradicts RTA's legislative intent and established doctrines of estoppel. It erects artificial barriers favouring insurers over motor accident victims that Parliament itself did not do. Is it not time to jettison it?

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by GK Ganesan June 3, 2025
Blog , BM , English , For Lawyers , Home Featured Articles

What Happened During the Malaysian Judicial Crisis in 1988?

In 1988, a tremor rent Malaysia’s halls of justice: an institutional earthquake that cleaved its very bedrock. Constitutional pillars crumbled; and the Beacon that once burned bright for Justice flickered, and then, died. Sacred robes, woven with centuries of honour, lay torn in the rubble. The Unthinkable carved its wound into the very beating heart of the Constitution. Here sleep the lasting memories of those who fell, shields raised against the ...

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by GK Ganesan May 31, 2025
Blog , Constitutional Law , English , For Lawyers , Government , Home Featured Articles

Can you trust your land title? The hidden dangers you must know, before you lose everything…

“The earth does not belong to us; we belong to the earth.” [Ted Perry, 1971]. Land scams multiply at the speed of a virus. It has many faces. It spreads silently. It strikes without warning. And by the time you realise it, it has destroyed lives. How can you protect yourself? What red flags point to scams?

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by GK Ganesan May 30, 2025
Blog , Constitutional Law , English , For Lawyers , Government , Home Featured Articles , Politics

Is a prime minister immune from civil suits?

Do you remember an essay I wrote in 2018? The one that argued that a former PM enjoyed no immunity from criminal prosecution? Stand that principle on its head. Is a prime minister immune from a civil suit, [e.g. a suit for breach of contract to buy a property]? What if she did enjoy such an immunity? What would happen?

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by GK Ganesan May 27, 2025
Blog , English , For Lawyers , Home Featured Articles

The Promise and the Perils of Artificial Intelligence in Court Work

Artificial Intelligence flows through the hallowed halls of justice as the morning mist—pervasive, transformative, and unstoppable. Courts and lawyers alike should embrace AI — with wisdom, not fear. Frost reminds us, “The best way out is always through.” No machine can ever match the human soul's eternal quest for justice. That fire burns beyond all programming.

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by GK Ganesan May 26, 2025
Blog , English , For Lawyers , Home Featured Articles

The Jurisprudential Revolution: How the Ten Principles in Mohamed Fayadh transformed sec.96(2)(a) RTA 1987

For the first time in 90 years, we are asking the right questions in the right order, especially in personal injury cases. Under s.96(2)(a) RTA 1987, must accident victims themselves notify insurers before commencing proceedings, or does this duty lie elsewhere? This article asks 10 more such questions.

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by GK Ganesan March 9, 2025
Blog , Constitutional Law , English , Government , Home Featured Articles

Can the Home Minister declare a 7-star hotel as a prison?

"Don't be ridiculous!", is what you would say. Why not? This is because on March 6, 2025, it was reported that Malaysia’s Home Minister could declare any place (including a house) as a 'prison' under sec.3 of the Prisons Act 1995 (the Act). This was meant to – and did spark – a heated debate: could the Home Minister use his discretion to incarcerate a prisoner at a luxurious residence? ...

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