Courts of Judicature Act 1964 (Act 91) [As At 5th November 2022]

The Courts of Judicature Act 1964 (Act 91) is a Malaysian law that regulates the administration of justice in the country. The Act establishes the Supreme Court and the High Court, which are the two highest courts in the country. It also provides for the establishment of subordinate courts, such as the Sessions Court and Magistrates' Court.

The Act is divided into several parts, each of which deals with a different aspect of the administration of justice in Malaysia. The following is a brief overview of the key provisions of the Act:

Part I - Preliminary This part contains definitions of key terms used in the Act.

Part II - The Supreme Court This part establishes the Supreme Court, which is the highest court in the country. It sets out the composition of the court, which consists of the Chief Justice and not more than six other judges. It also provides for the appointment and removal of judges, as well as their powers and jurisdiction.

Part III - The High Court This part establishes the High Court, which is the second highest court in the country. It sets out the composition of the court, which consists of a Chief Judge and not more than 29 other judges. It also provides for the appointment and removal of judges, as well as their powers and jurisdiction.

Part IV - The Subordinate Courts This part provides for the establishment of subordinate courts, such as the Sessions Court and Magistrates' Court. It sets out their jurisdiction and powers, as well as the appointment and removal of judges.

Part V - Procedure in Civil Courts This part deals with the procedure to be followed in civil cases in the courts established under the Act. It covers matters such as pleadings, discovery, evidence, and judgments.

Part VI - Procedure in Criminal Courts This part deals with the procedure to be followed in criminal cases in the courts established under the Act. It covers matters such as bail, arraignment, trial, and appeal.

Part VII - Appeals This part provides for the right of appeal from the subordinate courts to the High Court and from the High Court to the Supreme Court. It also sets out the grounds on which such appeals may be made.

Part VIII - General Provisions This part contains miscellaneous provisions relating to the administration of justice in Malaysia. It covers matters such as the power of the courts to punish for contempt, the powers of the Attorney General, and the enforcement of judgments.

In conclusion, the Courts of Judicature Act 1964 (Act 91) is a crucial piece of legislation that establishes the framework for the administration of justice in Malaysia. It sets out the powers and jurisdiction of the Supreme Court, the High Court, and subordinate courts, as well as the procedures to be followed in civil and criminal cases.