Subordinate Courts Act 1948 (Act 92) and Orders & Subordinate Courts Rules Act 1955 (Act 55) [As At 1st November 2022]
Subordinate Courts Act 1948 (Act 92) And Orders
Subordinate Courts Rules Act 1955 (Act 55)
[As At 1st November 2022]
Act 92 - An Act relating to the inferior courts in Peninsular Malaysia.
Act 55 – An Act regulating and prescribing practice and procedure in proceedings in the Subordinate Courts in Malaysia.
Detailed Contents of Subordinate Courts Act :
Two significant pieces of Malaysian law that control the setup and functioning of subordinate courts are the Subordinate Courts Act 1948 (Act 92) and the Orders & Subordinate Courts Rules Act 1955 (Act 55). These laws determine the framework of the lower courts, specify the authority of the judges and magistrates, and control the activities of the courts.
Subordinate Courts Act 1948 (Act 92)
The Subordinate Courts Act 1948 (Act 92) is a parliamentary statute that establishes the subordinate courts' existence, authority, and jurisdiction in Malaysia. According to the statute, subordinate courts are those that have magistrates or judges presiding over them and are situated below the High Court in the judicial pyramid.
The following subordinate court kinds are established by the statute in Malaysia:
- Sessions Court: This court has jurisdiction over both civil and criminal cases, including those involving lawsuits with a maximum value of RM250,000 and crimes with a potential sentence of 10 years in prison, a whipping, or a fine of up to RM20,000.
- Magistrates' Court - This court has authority over both civil and criminal cases, including those involving disagreements up to RM100,000 and criminal violations that can result in up to 5 years in prison, a whipping, or a fine of RM10,000.
- Penghulu's Court: This court only has limited authority over civil issues with a maximum value of RM10,000.
Moreover, the act creates the position of Chief Registrar of the Subordinate Courts, who is in charge of managing the subordinate courts and selecting its judges and magistrates.
Orders & Subordinate Courts Rules Act 1955 (Act 55)
- Civil Process Rules - These rules set down how civil actions in lower courts are to be handled, including how to file and serve documents, conduct trials, and file appeals.
- Criminal Process Rules - These rules specify how arrests, bail releases, trials, and appeals are handled in criminal matters in lower courts.
- Minor Claims Process Rules: Under these regulations, claims up to RM5,000 in value can be resolved in subordinate courts in a streamlined and quick manner.
- Court Costs Regulations - These rules specify the costs associated with filing documents, serving process, and submitting petitions for review.
Subordinate Courts Act 1948 Contains:
- Subordinate Courts Act 1948 (Act 92)
- Federal Territory (Modification of the Subordinate Courts Act 1948) Order 1974
- Subordinate Courts Act (Extension) Order 1980
- Subordinate Courts Rules Act 1955 (Act 55)
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