Insurance fraud
Insurance fraud or takaful fraud is any of the unlawful and
untruthful act commited by an insurance company. It occur and
may be committed at different points in the transaction by
differnt parties such as policy owners.
The components of insurance fraud are the intention to deceive
and also desire to induce the insurance company
Examples of insurance fraud are creating a fraudulent claim
and also overstating the amount of loss and also misrepresenting
facts to receive payment.
Therefore, you should be wary of the unregistered insurance agent.
Other than that, you should also avoid paying premium in cash.
You should make sure you receive a written policy after the
payment of my first premium.
Sunday, April 25, 2010
Saturday, April 24, 2010
Joint Tenancy Term
According to an article, there is one family which has
a father, mother and a son. However, unfortunately the husband
passed away during an accident. The husband and wife
had a joint account amount to RM50,000 in a local bank.
The wife thought that she will get the money automatically
when the husband passed away.However, to her astonishment,
she could not even withdraw a single cent from the account.
For your information, a joint account holder will be able
to get the money automatically when that bank practise
"Joint Tenancy". This term tell us that when one party die,
the other party will get the money automatically.
Sad to say that, not all banks adopt this practice.
There is one lawyer that argues that there is this term
which is joint tenancy versus tenancy in common. This term
appears in the English and Common Civil Law. He argued that
even Malaysia's bank or lawyers are not able to tell you what
exactly is Joint Tenancy and Tenancy in common.We don't have
the same law as England.
According to an article, there is one family which has
a father, mother and a son. However, unfortunately the husband
passed away during an accident. The husband and wife
had a joint account amount to RM50,000 in a local bank.
The wife thought that she will get the money automatically
when the husband passed away.However, to her astonishment,
she could not even withdraw a single cent from the account.
For your information, a joint account holder will be able
to get the money automatically when that bank practise
"Joint Tenancy". This term tell us that when one party die,
the other party will get the money automatically.
Sad to say that, not all banks adopt this practice.
There is one lawyer that argues that there is this term
which is joint tenancy versus tenancy in common. This term
appears in the English and Common Civil Law. He argued that
even Malaysia's bank or lawyers are not able to tell you what
exactly is Joint Tenancy and Tenancy in common.We don't have
the same law as England.
Friday, April 23, 2010
Sexual Harassment
Survey conducted indicates that female employees who had
been subjected to sexual harassment in the officed ranged from
42% - 70% which is at an alarming rate. This survey
is conducted by the former Minister of Human Resources, Malaysia.
This means that 7 out of 10 female workers are being sexually
harassed in the work place.
There are 5 possible forms of sexual harassment, namely:
• verbal harassment :offensive or suggestive remarks, comments, jokes, jesting, kidding, sounds, questioning.
• non-verbal/gestural harassment : leering or ogling with suggestive overtones, licking lips or holding or eating food provocatively, hand signal or sign language denoting sexual activity, persistent flirting.
• visual harassment : showing pornographic materials, drawing sex-based sketches or writing sex-based letters, sexual exposure.
• psychological harassment :repeated unwanted social invitations, relentless proposals for dates or physical intimacy.
• physical harassment :inappropriate touching, patting, pinching, stroking, brushing up against the body, hugging, kissing, fondling, sexual assault.
Survey conducted indicates that female employees who had
been subjected to sexual harassment in the officed ranged from
42% - 70% which is at an alarming rate. This survey
is conducted by the former Minister of Human Resources, Malaysia.
This means that 7 out of 10 female workers are being sexually
harassed in the work place.
There are 5 possible forms of sexual harassment, namely:
• verbal harassment :offensive or suggestive remarks, comments, jokes, jesting, kidding, sounds, questioning.
• non-verbal/gestural harassment : leering or ogling with suggestive overtones, licking lips or holding or eating food provocatively, hand signal or sign language denoting sexual activity, persistent flirting.
• visual harassment : showing pornographic materials, drawing sex-based sketches or writing sex-based letters, sexual exposure.
• psychological harassment :repeated unwanted social invitations, relentless proposals for dates or physical intimacy.
• physical harassment :inappropriate touching, patting, pinching, stroking, brushing up against the body, hugging, kissing, fondling, sexual assault.
Tuesday, April 20, 2010
Psychological abuse
While surfing on the net, i found out that in the previous
years, some proposal is being proposed by The governmental
Women's Development Department. The propotion was made to
the Parliament. They propose that Malaysian men should be
put in jail when they psychologically assault their wife.
As before this, the Malaysian law only give protection to
women from physical violence, which the women's development
department think it is clearly not enough.
This proposal is made due to the statistics showing that about
90% out of the 800 women who called to the Women Aid Organizatin
for help last year reported being psychologically abused.
Of course, there are some who are physically assaulted as well.
However it is very hard to determine whether the woman is being
psychologically abused by the husband. In this case, we wil
start to wonder what is the level to define the words being
used is abusive. At the same time, how many times the abusive
words are to be repeated only we consider it as an offend?
Emotional damage is therefore very difficult to be proved.
At the same time, the issue of causation is important as well.
While surfing on the net, i found out that in the previous
years, some proposal is being proposed by The governmental
Women's Development Department. The propotion was made to
the Parliament. They propose that Malaysian men should be
put in jail when they psychologically assault their wife.
As before this, the Malaysian law only give protection to
women from physical violence, which the women's development
department think it is clearly not enough.
This proposal is made due to the statistics showing that about
90% out of the 800 women who called to the Women Aid Organizatin
for help last year reported being psychologically abused.
Of course, there are some who are physically assaulted as well.
However it is very hard to determine whether the woman is being
psychologically abused by the husband. In this case, we wil
start to wonder what is the level to define the words being
used is abusive. At the same time, how many times the abusive
words are to be repeated only we consider it as an offend?
Emotional damage is therefore very difficult to be proved.
At the same time, the issue of causation is important as well.
Tuesday, April 13, 2010
Defamation Law
One of the risk that bloggers facing is
the defamation law. There is one example where
the famous Malaysia blogger Jeff Ooi is sued by
NST during July 2007. Defamation to be exact
means the way of expressing your words which
may insult the other party in the public.Other than
that Mca Public Service and Complaints Department
head Datuk Michael Chong also filed a defamation
suit againts t Guang Ming Daily for publishing a report which allegedly referred him as"Ah Long King". The report also carried a meaning that he could not be trusted, a criminal, a liar and a dishonest person and not fit to head the MCA Public Service and Complaints Department, he said.
This happened during September 2007.
There are two types of defamation in Malaysia: libel and slander.
Libel is when such words are expressed in a permanent form which is usually visible to the eye, like in a book, e-mail or picture.
Slander is when such words are expressed in a temporary form, usually when spoken or made by body movements.
In civil cases of defamation, when a private person sues another private person for defamation, the Defamation Act 1957 is applicable.
In criminal cases of defamation, when the state prosecutes a private person for defamation, Section 499 to Section 502 of the Penal Code is applicable.
One of the risk that bloggers facing is
the defamation law. There is one example where
the famous Malaysia blogger Jeff Ooi is sued by
NST during July 2007. Defamation to be exact
means the way of expressing your words which
may insult the other party in the public.Other than
that Mca Public Service and Complaints Department
head Datuk Michael Chong also filed a defamation
suit againts t Guang Ming Daily for publishing a report which allegedly referred him as"Ah Long King". The report also carried a meaning that he could not be trusted, a criminal, a liar and a dishonest person and not fit to head the MCA Public Service and Complaints Department, he said.
This happened during September 2007.
There are two types of defamation in Malaysia: libel and slander.
Libel is when such words are expressed in a permanent form which is usually visible to the eye, like in a book, e-mail or picture.
Slander is when such words are expressed in a temporary form, usually when spoken or made by body movements.
In civil cases of defamation, when a private person sues another private person for defamation, the Defamation Act 1957 is applicable.
In criminal cases of defamation, when the state prosecutes a private person for defamation, Section 499 to Section 502 of the Penal Code is applicable.
Sunday, April 11, 2010
McDonald vs McCurry back in 2006
In 2006, McDonald's won a five year legal battle in Malaysia against a small restaurant named "McCurry". The defendant claimed that McCurry stood for Malaysian Chicken Curry, but a High Court judge ruled that the prefix Mc and the use of colors distinctive of the McDonald's brand could confuse and deceive customers
In April 2009 however, McCurry won the case again after a retrial. Again in September 2009, McDonald’s lost an eight-year trademark battle in a precedent-setting judgment by Malaysia’s highest court. The Federal Court ruled that McDonald’s cannot appeal against another court’s verdict that had allowed McCurry to use ‘Mc’ in its name. The ruling by a three-member panel of the Federal Court ends all legal avenues for McDonald’s to protect its name from what it said was a trademark infringement. “On the basis of unanimous decision, our view is that McDonald’s plea to carry the case forward has no merit," said chief judge Arifin Zakaria. “It is unfortunate that we have to dismiss the application with costs,” he said. McDonald’s will have to pay RM10,000 to McCurry, a popular eatery in Jalan Ipoh on the edge of Kuala Lumpur’s downtown.
McDonald’s lawyers refused to comment, except to say the company will abide by the judgment. A three-member Appeal Court panel had ruled in favour of McCurry Restaurant in April, 2009 when it overturned a 2006 High Court ruling that had upheld McDonald’s contention. Arifin said McDonald’s lawyers were unable to point out faults in the Appeal Court judgment, which had said there was no evidence to show that McCurry was passing off McDonald’s business as its own. The Appeals Court also said McDonald’s cannot claim an exclusive right to the ‘Mc’ prefix in the country.
In 2006, McDonald's won a five year legal battle in Malaysia against a small restaurant named "McCurry". The defendant claimed that McCurry stood for Malaysian Chicken Curry, but a High Court judge ruled that the prefix Mc and the use of colors distinctive of the McDonald's brand could confuse and deceive customers
In April 2009 however, McCurry won the case again after a retrial. Again in September 2009, McDonald’s lost an eight-year trademark battle in a precedent-setting judgment by Malaysia’s highest court. The Federal Court ruled that McDonald’s cannot appeal against another court’s verdict that had allowed McCurry to use ‘Mc’ in its name. The ruling by a three-member panel of the Federal Court ends all legal avenues for McDonald’s to protect its name from what it said was a trademark infringement. “On the basis of unanimous decision, our view is that McDonald’s plea to carry the case forward has no merit," said chief judge Arifin Zakaria. “It is unfortunate that we have to dismiss the application with costs,” he said. McDonald’s will have to pay RM10,000 to McCurry, a popular eatery in Jalan Ipoh on the edge of Kuala Lumpur’s downtown.
McDonald’s lawyers refused to comment, except to say the company will abide by the judgment. A three-member Appeal Court panel had ruled in favour of McCurry Restaurant in April, 2009 when it overturned a 2006 High Court ruling that had upheld McDonald’s contention. Arifin said McDonald’s lawyers were unable to point out faults in the Appeal Court judgment, which had said there was no evidence to show that McCurry was passing off McDonald’s business as its own. The Appeals Court also said McDonald’s cannot claim an exclusive right to the ‘Mc’ prefix in the country.
Saturday, April 10, 2010
An article from India
The government of India had asked the accountants,
cost accountants and company secretaries to directly
report to the home ministry cases of suspicious fund
movements in an out of companies, as it looks to crack
down on money laundering and terror funding
“If any suspicious fund movements come to the notice of
the professionals, details of it along with full particulars
of its clients should be reported within 24 hours,” said
a senior government official.
The government of India had asked the accountants,
cost accountants and company secretaries to directly
report to the home ministry cases of suspicious fund
movements in an out of companies, as it looks to crack
down on money laundering and terror funding
“If any suspicious fund movements come to the notice of
the professionals, details of it along with full particulars
of its clients should be reported within 24 hours,” said
a senior government official.
The move is aimed at sensitising professionals of
their responsibilities under Section 51A of the
Unlawful Activities (Prevention) Act, which aims at preventing
routing of terror funds through domestic firms.
The move assumes significance at a time when India Inc
passes through the annual audit season, which
involves professionals such as CAs and company
secretaries to audit the financials of companies
and vet their management affairs. The government
wants that the professionals act in a more responsible
manner to report cases of corporate malafides as soon
as they come to their notice, the official said.
their responsibilities under Section 51A of the
Unlawful Activities (Prevention) Act, which aims at preventing
routing of terror funds through domestic firms.
The move assumes significance at a time when India Inc
passes through the annual audit season, which
involves professionals such as CAs and company
secretaries to audit the financials of companies
and vet their management affairs. The government
wants that the professionals act in a more responsible
manner to report cases of corporate malafides as soon
as they come to their notice, the official said.
India is preparing to join FATF, an inter-government body founded by the G-7 countries in 1989 for developing and promoting national and international policies to combat money laundering and terrorist financing. FATF is currently evaluating India’s preparedness for its membership, which will allow the country to gain access to real-time exchange of information on money laundering and terror financing.
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