Kuala Lampur, Sept. 5 -- It is settled law that committal proceedings are criminal in nature since it involves the liberty of the alleged contemnor. The fundamental principle is that no man's liberty is to be taken away unless every requirement of the law has been strictly complied with.
Accordingly, the law has provided procedural safeguards in committal proceedings which require strict compliance. The safeguards are in place even prior to the commencement of the committal proceedings.
A fundamental safeguard is the requirement for leave as embodied in Order 52 rule 3 of the Rules of Court 2012 (ROC). Order 52 rule 3(1) stipulates that no application to a Court for an order of committal against any person may be made unless leave to ma...
Click here to read full article from source
To read the full article or to get the complete feed from this publication, please
Contact Us.