Law Chamber of P.Suriajothi

Law Chamber of P.Suriajothi This is my business page.

A law firm that provides legal services to individual and companies who have legal issues, reviewing and preparing contracts and wills along with the following work scale:cost effective, complex matter, and flexible solution.

29/09/2023

Case Review @27.9.20223 upon full trial

We are thrilled that the JB session Court allowed our client's claim i. e
("the Plaintif") against a Company and its Directors ("the Defendants") for a friendly loan amounting of RM888, 000.00 advanced by our client to the Defendants with cost .

The significance in this case is that the friendly loan entered between the parties has no written agreement and the loan amount were all transacted via cash to the Defendants by the Plaintif between the year of 2016 and year 2017.The Defendants in their Defence alleged the Defendants only received loan sum of RM600, 000.00 and that the amount inclusive of interest amounting of RM801, 000.00 was duly returned to the Plaintif. However the Defendants failed to adduce Vouchers to support the repayment for the sum of
RM 810,000.00 .

The trial Court relied on the supporting documents adduced by the Plaintif which is the 7 post dated cheques amounting of
RM 888,000.00 issued by the Company and duly authorised by the directors, in consideration of the loan advanced by the Plaintiff to the Defendants in order to determine the loan amount.Further, the post dated cheques provided by the Defendants cannot be cleared to settle the loan payment as the Company has insufficient cash flow.During the trial, the directors admitted that the cheques were issued in favour of the Plaintiff to settle the repayment of the loan sum and the Company had financial constraints.The Court also took into account the failure of the Defendants to adduce the vouchers for each transactions amounting of
RM 810,000,00 as the payment amount also reclected that the parties might have entered into other business dealings.

Again, I wish to stressed that it's always best to have a written agreement for all business dealings to avoid any pitfalls .

Anyway, it's a good week for us in Law Chamber of P. suriajothi . We believe that every case is tagged along with a lesson be it for the solicitors and even for the litigation parties.

on with other work written agreement

Self criticism and self doubt is the biggest waste of human talent and potential.It is important to remember that we are...
02/06/2023

Self criticism and self doubt is the biggest waste of human talent and potential.It is important to remember that we are all source of energy and worthy.

Sunday morning, all set to attend a part heard trial at the JB Industrial Court . people
16/04/2023

Sunday morning, all set to attend a part heard trial at the JB Industrial Court .

people

Embracing the unknown path with full of wisdom, positivity and resilience. In all situation, work hard and be the best ...
14/04/2023

Embracing the unknown path with full of wisdom, positivity and resilience. In all situation, work hard and be the best version of yourself.

Chamber of P. Suriajothi

We take pride in being our client's professional companion in every step of the way .The firm handles various litigation...
26/03/2023

We take pride in being our client's professional companion in every step of the way .The firm handles various litigation matters which includes contractual disputes , reviewing and drafting contracts /agreement and legal opinion .

We provide solution oriented advise to our client's personal and bussiness needs .Our capabilities span labour and industrial diputes and matrimonial matters.

Without a doubt ,we know we can help you .If you are interested to see whether we can assist you in your legal disputes , do let us know .We are grateful for every opportunity to help someone who is in need.

You may contact our Solicitor at 016-3970647 and /or email us at [email protected] to set an appointment to meet our Solicitor .

office #

17/03/2023

I've come across many client who still not aware the objective of signing a Sale and Purchase Agreement(SPA) when buying a house .
Do you also know what are the terms and conditions that you need to check before signing a Sale and Purchase Agreement ?

Sale and Purchase Agreement is a valid and binding agreement and it is also a legal document that outline details with regards to the sale transactions agreed by both vendor/seller and buyer .The objective of the SPA @ agreement is as follows:
1. To protect the buyer just in case the
seller change his/her mind during sale
process.
2. To protect the interest of both the buyer
and seller .
3. To avoid any fraud ,forgery ,
misrepresentation and /or cheating by
either parties .
4. To ensure the process of transfer of
ownership is executed without any
problems at the Land Registry.

The terms and condition checklist before signing the Sale and Purchase Agreement as follows :(*The Must Check clauses*)
1. Date of the SPA
2. Name and details of the contracting parties
& buyer particulars .
3. Details of the property (*note;pls check the
title to verify whether the propery is under
the vendors name to ensure smooth
process of transfer .

Other MUTUALLY AGREED terms and condition that must be stated in the SPA are as follows :
1. Agreed Purchase Price .
2. Agreed time frame to settle the balance Purchase Price (*note, if you are unable to settle the purchase price within the time frame stated in the SPA due to external factors ,then you may ask your lawyer to write in to Vendor/vendor's lawyer requesting for an extension of time .If not, the Sale and Purchase Agreement will lapse and cannot be enforced upon the expiry date.In a standard SPA ,the time frame to settle the balance sum is between 3 to 4 months .
3. Payment method (buyer can either pay the purchase price by way of cash,bank loan etc to the vendor/vendor 's lawyer .
4. Release of the Purchase price to the seller.Issue -how the Purchase price to be paid to the respective vendor if there are more than one vendor ?.(*Just becuase if both vendors are entitled to half/equal share in the title ,does not mean the purchase price amount must be divided equally to the vendors. ).The vendor must communicate the payment arrangement with their respective lawyer and to make sure the details are inserted in the Sale and purchase Agreement ).This is to avoid any unnecessary caveats are lodged by the dissatisfied parties before /during transfer of ownership process.
4. Tranfer of ownership from seller's name to the new buyers name upon receiving all purchase price .This is also must be discussed with the both seller and buyer through their solictors before finalising it in the terms.

Hope the above tips help and all the best !

& buyer #

Happy International Women's day ❤️ and we at Law Chamber of P.Suriajothi wish to celebrate with everyone across the glo...
08/03/2023

Happy International Women's day ❤️ and we at Law Chamber of P.Suriajothi wish to celebrate with everyone across the globe.

A world where difference is valued and women's empowerment is celebrated .
The strength and resilient comes from the heart and with determination to do the greatest things for the benefit of all .

Here's a toast to being resilient ! 🥂

equity empowerment #

28/02/2023

On 24.2.2023, the Prime Minister announced that the status of an Insolvent /bankrupt in Malaysia will be automatically lifted with effect from 1.3.2023 when tabling the budget for year 2023.

We wish to share few points on the above .
1. The above announcement is only relevant
and applicable to individuals who have
fulfilled 3 condition which are as follows :
(a) An individual who is a bankrupt and the
bankruptcy status had passed 5 year
period from the date of the Bankruptcy
Order .
(b) The total debt involved and owing is
not more than RM50,000.00
(C) There are no other court proceeding or
investigation proceeding commenced
and conducted on the bankrupt .
2. If the above is satisfied , the affected
individual may then approach the nearest
DGI branch office , where they are required
to attend an interview session with the
relevant officer and also required to fill up
the Discharge form .
(*borang Permohonan pelepasan *)

Based on the limited information
available ,the DGI will still adopt the
discharge process and procedure as
stipulated under section 33A of the
Insolvency Act .The section says that the
DGI may in his discreation ,subject to
section 33B , issue a Certificate
discharging a bankrupt from bankruptcy
after 5 years from the date of
the Bankruptcy Order .A notice of
intention to issue the Certificate will be
issued to the creditors who have filed the
Proof of Debt and the creditor will have a
chance to reply within 21 days .(section 33
B of the Act ).

DGI has a discreationary power to decide
by considering other external factors and
no reason for him to state his decision
under section 33A of the Insolvency
Act .Nonetheless, It is hopeful to state that
the discharge process will not be applied
in a strict manner since the announcement
is made by the Prime minister and further
amendments will be made to the
Insolvency Act in the nearest time.

We hope the limited information above
is helpful to you .


office

16/02/2023

Case review #

We had a client who is a successful bussinesman .He had several employees working for his company in various related fields.To save time and cost,the client drafted his own employment agreement for his current employees .

One day ,the client received a complaint letter from the Labour Court lodged by one of his employee.One of the breach stated in the letter was that the employment contract is vague and contravenes the law and inconsistent with the Employment Act .The agreement also does not state any dispute /mitigation clauses to assist the parties to reach an amicable solution .

Somehow ,we manage to mediate the matter without further legal proceeding and prepared a new employment agreement .

In a nutshell ,drafting a contract is good but at times the contract drafted might not meet the needs of the law .its better to seek professional advise to avoid any bussiness pitfalls.

A gentle reminder on this day of love ,' never forget to love yourself first and never put yourself last because you ar...
14/02/2023

A gentle reminder on this day of love ,' never forget to love yourself first and never put yourself last because you are worth the love that you give others '.

The most important part in my life is ...ME and loving myself 💖

Valentinesday forward

Starting off of our legal works in the High Court of johor Bahru on day 4 /365 in year 2023. year
04/01/2023

Starting off of our legal works in the High Court of johor Bahru on day 4 /365 in year 2023.

year

Happy New Year 2023 !
01/01/2023

Happy New Year 2023 !

Address

No 36 E , Jalan Kolam Air, Taman Kolam Air
Johor Bahru
80100

Opening Hours

Monday 09:00 - 16:00
Tuesday 09:00 - 16:00
Wednesday 09:00 - 16:00
Thursday 09:00 - 16:00
Friday 09:00 - 16:00

Telephone

+60163970647

Website

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