COURTS OF JUDICATURE ACT 1964

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 91 COURTS OF JUDICATURE ACT 1964 As at 1 November 2024 This text is ONLY AN UPDATED TEXT of the Courts of Judicature Act 1964 by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT. 2 COURTS OF JUDICATURE ACT 1964 First enacted … … … 1964 (Act No. 7 of 1964) Revised … … … 1972 (Act 91 w.e.f 1 November 1972) Latest amendment made Act A1661 which came into operation on … … … 1 October 2022 PREVIOUS REPRINTS First Reprint … … … 1988 Second Reprint … … … 1994 Third Reprint … … … 1999 Fourth Reprint … … … 2006 Fifth Reprint … … … 2018 3 LAWS OF MALAYSIA Act 91 COURTS OF JUDICATURE ACT 1964 ARRANGEMENT OF SECTIONS PART I PRELIMINARY AND GENERAL Preliminary Section 1. Citation 2. (Omitted) 3. Interpretation 4. Provision to prevent conflict of laws 5. (Deleted) General 6. Seals of Courts 7. Process of Courts 8. Precedence of Judges 9. Exercise of powers during incapacity or absence 10. Registrars 11. Commissioners for Oaths 12. Sheriffs 13. Contempt 14. Protection of Judges and other judicial officers 15. Courts to be open and public 4 Laws of Malaysia ACT 91 Section 15A. Court may conduct proceedings through remote communication technology 16. Rules of court 17. Making of rules of court 17A. Council of Judges 17B. Practice directions PART II THE HIGH COURT General 18. Proceedings in High Court to be disposed of by single Judge 19. Sittings of the High Court 20. Distribution of business 21. Vacations Original Jurisdiction 22. Criminal jurisdiction 23. Civil jurisdiction—general 24. Civil jurisdiction—specific 24A. Reference under order of court 25. Powers of the High Court 25A. Orders for interim payment Appellate Jurisdiction 26. Appellate criminal jurisdiction 27. Appellate civil jurisdiction 28. Civil appeals from subordinate courts 29. Civil appeals to be by way of rehearing 30. Reference of constitutional question by subordinate court Courts of Judicature Revision Section 31. Revision of criminal proceedings of subordinate courts 32. Power of High Court to call for records of civil proceedings in subordinate courts 33. Powers of High Court on revision of civil proceedings 34. No revision at instance of party who could have appealed 35. General supervisory and revisionary jurisdiction of High Court 36. Discretion of Court as to hearing parties 37. Special provision as to States of Malaya PART III THE COURT OF APPEAL General 38. Composition of the Court of Appeal 39. Sittings of the Court 40. Vacations 41. Proceedings how decided 42. Continuation of proceedings notwithstanding absence of Judge 43. Applications 44. Incidental directions and interim orders Original Jurisdiction 45-49. (Deleted) Appellate Jurisdiction—Criminal Appeals 50. Jurisdiction to hear and determine criminal appeals 51. Notice of appeal 52. Record of proceedings 52A. Notice or document etc., sent by electronic means 5 6 Laws of Malaysia Section 53. Petition of appeal 54. Procedure where appellant in prison 55. Transmission of papers to Court of Appeal 56. Appeals out of time and formal defects 56A. On appeal against acquittal, accused may be arrested 57. Appeal not to operate as stay of execution 58. Summary rejection of appeal 59. Notice and time of hearing 60. Powers of Court of Appeal 61. Additional evidence 62. Judgment 63. Certification of judgment 64. (Repealed) 65-66. (Deleted) Appellate Jurisdiction—Civil Appeals 67. Jurisdiction to hear and determine civil appeals 68. Non-appealable matters 69. Hearing of appeals 70. Costs of appeal 71. New trial 72. Immaterial errors 73. Appeal not to operate as stay of execution PART IV THE FEDERAL COURT General 74. Composition of the Federal Court 75. Sittings of the Court 76. Vacations ACT 91 Courts of Judicature Section 77. Proceedings how decided 78. Continuation of proceedings notwithstanding absence of Judge 79. Applications 80. Incidental directions and interim orders Original Jurisdiction 81. Jurisdiction and powers 82. Judgment to be declaratory 83. Costs 84. Reference of constitutional question by High Court 85. Proceedings in Federal Court Appellate Jurisdiction—Criminal Appeals 86. Jurisdiction and powers 87. Jurisdiction to hear and determine criminal appeals 88. On appeal against acquittal, accused may be arrested 89. Appeal not to operate as stay of execution 90. Summary rejection of appeal 91. Notice and time of hearing 92. Powers of Federal Court 93. Additional evidence 94. Judgment 95. Certification of judgment Appellate Jurisdiction—Civil Appeals 96. Conditions of appeal 97. Leave to appeal 98. Procedure to enforce order of the Federal Court 99. Costs 100. New trial 7 8 Laws of Malaysia Section 101. Immaterial errors 102. Appeal not to operate as stay of execution SCHEDULE ACT 91 9 LAWS OF MALAYSIA Act 91 COURTS OF JUDICATURE ACT 1964 An Act relating to the Superior Courts of Judicature. [Throughout Malaysia─16 March 1964, L.N. 85/1964] PART I PRELIMINARY AND GENERAL Preliminary Citation 1. This Act may be cited as the Courts of Judicature Act 1964. 2. (Omitted). Interpretation 3. In this Act, unless the context otherwise requires— “action” means a civil proceeding commenced by writ or in such other manner as is prescribed by rules of court, but does not include a criminal proceeding; “cause” includes any action, suit or other original proceeding between a plaintiff and defendant, and any criminal proceeding; 10 Laws of Malaysia ACT 91 “Chief Judge” means the Chief Judge of the High Court in Malaya or of the High Court in Sabah and Sarawak, as the case may require; “Constitution” means the Constitution of Malaysia; “Court” means the Federal Court, the Court of Appeal or the High Court, as the case may require; “decision” means judgment, sentence or order, but does not include any ruling made in the course of a trial or hearing of any cause or matter which does not finally dispose of the rights of the parties; “High Court” means the High Court in Malaya and the High Court in Sabah and Sarawak or either of them, as the case may require; “Judge” means a Judge of the Federal Court, of the Court of Appeal or of the High Court, and includes the Chief Justice, the President and a Chief Judge; “local jurisdiction” means— (a) in the case of the High Court in Malaya, the territory comprised in the States of Malaya, namely, Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Selangor, Terengganu, the *Federal Territory of Kuala Lumpur and the **Federal Territory of Putrajaya; and (b) in the case of the High Court in Sabah and Sarawak, the territory comprised in the States of Sabah, Sarawak and the ***Federal Territory of Labuan, including, in either case, the territorial waters and the air space above those States and the territorial waters; *NOTE—This Act is also applicable to Federal Territory of Kuala Lumpur–see section 6 of Constitution (Amendment) (No.2) Act 1973 [Act A206]. **NOTE—This Act is also applicable to Federal Territory of Putrajaya–see section 6 of Constitution (Amendment) Act 2001 [Act A1095]. ***NOTE—This Act is also applicable to Federal Territory of Labuan–see section 6 of Constitution (Amendment) (No.2) Act 1984 [Act A585]. Courts of Judicature 11 “Malaysia Day” means 16 September 1963; “matter” includes every proceeding in court not in a cause; “permanent resident” means a person who has permission granted without limit of time under any federal law to reside in Malaysia, and includes a person treated as such under any written law relating to immigration; “President” means the President of the Court of Appeal; “proceeding” means any proceeding whatsoever of a civil or criminal nature and includes an application at any stage of a proceeding; “Registrar” means the Chief Registrar and any Registrar, Deputy Registrar, Senior Assistant Registrar or Assistant Registrar appointed under section 10; “remote communication technology” means a live video link, a live television link or any other electronic means of communication; “subordinate court” means any inferior court from the decisions of which by reason of any written law there is a right of appeal to the High Court and means in relation to the High Court any such court as by any written law has jurisdiction within the local jurisdiction of the High Court. Provision to prevent conflict of laws 4. In the event of inconsistency or conflict between this Act and any other written law other than the Constitution in force at the commencement of this Act, the provisions of this Act shall prevail. 5. (Deleted by Act A606). 12 Laws of Malaysia ACT 91 General Seals of Courts 6. (1) The Federal Court shall have and use as occasion may require a seal or stamp of such nature and pattern as the Chief Justice may, by notification in the Gazette, prescribe. (1A) The Court of Appeal shall have and use as occasion may require a seal or stamp of such nature and pattern as the President may, by notification in the Gazette, prescribe. (2) The High Court shall have and use as occasion may require a seal or stamp of such nature and pattern as the Chief Judge may, by notification in the Gazette, prescribe. Process of Courts 7. (1) All writs, summonses, warrants, orders, rules, notices and mandatory processes whatsoever, whether civil or criminal, shall be issued and shall be expressed to be issued by the Chief Justice, President or Chief Judge, as the case may be, in the name of the Yang di-Pertuan Agong and shall be signed by the Registrar and sealed or stamped with the seal or stamp of the Court issuing or making the same. (2) All writs, summonses, warrants, orders, rules, notices, and other processes whatsoever, whether civil or criminal, issued or made by or by the authority of the Court respecting any cause or matter within its jurisdiction shall have full force and effect and may be served or executed anywhere within Malaysia. Precedence of Judges 8. The Judges shall take precedence in the following order: (a) the Chief Justice; Courts of Judicature 13 (b) the President; (ba) the Chief Judge of the High Court in Malaya; (bb) the Chief Judge of the High Court in Sabah and Sarawak; (c) the Judges of the Federal Court according to the priority of their respective appointments as Judges of the Federal Court and where they are appointed on the same date, in such order as may be assigned to them by the Yang di-Pertuan Agong; (ca) the Judges of the Court of Appeal according to the priority of their respective appointments as Judges of the Court of Appeal, and where they are appointed on the same date, in such order as may be assigned to them by the Yang di-Pertuan Agong; and (d) the other Judges according to the priority of their respective appointments as Judges and where they are appointed on the same date, in such order as may be assigned to them by the Yang di-Pertuan Agong. Exercise of powers during incapacity or absence 9. (1) Whenever during any period, owing to illness or absence from Malaysia or any other cause, the Chief Justice is unable to exercise the powers or perform the duties of his office (including his functions under the Constitution), or in the event of a vacancy in the office, the powers shall be had and may be exercised and the duties shall be performed— (a) by the President; or (b) where the President is absent from Malaysia or unable to act, or in the event of a vacancy in the office, by the Chief Judge of the High Court in Malaya; or 14 Laws of Malaysia ACT 91 (c) where the President and the Chief Judge of the High Court in