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Created with Fabric.js 1.4.5 Citations 1) Federal Court is bound to follow decisions on criminal matters only. ---> Tan Boon Kean v PP [1995] 3 MLJ 514 Federal Court is not bound to follow decisions on civil matters. ---> Malaysian National Insurance Sdn Bhd v Lim Tiok [1997] 2 MLJ 165 2) Court Of Appeal is bound to follow the decisions of Federal Court. In the case of two conflicting decisions of the Federal Court, all courts below must choose to follow the later decisions (the later decisions represents the existing state of the law and prevails over the earlier decisions). ---> Dalip Bhagwan Singh v PP [1998] 1 MLJ 1 and Datuk Tan Leng Teck v Sarjana Sdn Bhd & Ors [1997] 4 MLJ 329 4) Court Of Appeal is bound to follow the decisions of Supreme Court in certain circumstances. -Exceptions: i) Personal injury ii) Dependency claim on motor accident cases. 5) High Court is not bound to follow the decisions of predecessor High Courts. ---> Sundralingam v Ramanathan Chettiar [1967] 2 MLJ 211 6) Federal Court is not bound to follow its own decisions on civil and criminal matters, however they are normally binding. ---> Koperasi Rakyat Sdn Bhd v Harta Empat Sdn Bhd [2006] 2 AMR 2311 7) Court Of Appeal is bound to follow its own decisions on civil and criminal matters. ---> Henry v De Cruz (1949) 15 MLJ Supp 25 -Exceptions: i)The court is entitled and bound to decide which of two conflicting decisions of its own it will follow; ii)The court is bound to refuse to follow a decision of its own which, though not expressly overruled, cannot, in its opinion, stand with a decision of the House of Lords; iii)The court is not bound to follow a decision of its own if it is satisfied that the decision was given per incuriam, 8) High Court is not bound to follow its own decisions on civil and criminal matters. ---> Sundralingam v Ramanathan Chettiar [1967] 2 MLJ 183 9) Court Of Appeal is not bound to follow the decisions of Defunct Federal Court. 3) High Court is bound to follow the decision of the Court Of Appeal. In the case of two conflicting decisions of the Court of Appeal, courts lower in hierarchy may choose to follow either earlier or later decision (the date does not matter in Court Of Appeal itself). copyright 2014 harveyspecterwannabe
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