Page 43 - PRINCIPLE OF LAW- FINAL (eISBN) pdf

Politeknik Kota Bharu

b. Magistrate Court

✓ Magistrates are divided into First Class and Second-Class

Magistrates, the former being legally qualified and having

greater powers. Second Class Magistrates are now not

normally appointed.

i. Civil matter:

- The civil case where amount in claim is less

RM25,000.

- Unlimited jurisdiction to try all actions of a civil

matter concerning motor vehicle accident, landlord

and tenant and distress.

- Small claim “RM5000.00 – conduct case yourself.

ii. Criminal matter:

- Try all offences other than those punishable with

death.

- First Class Magistrates' Courts generally have

power to try all offences of which the maximum

term of imprisonment does not exceed 10 years, or

which are punishable with fine only, but may pass

sentences of not more than five years

imprisonment, a fine of up to RM10,000, and/or up

to twelve strokes of the cane under section 87 (1)

Subordinate Court Act 1948.

- The Magistrates Courts hear all civil matters with

less than RM100,000 in dispute. The Magistrates'

Courts also hear appeals from the Penghulu's

Courts.

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