High courts

In Malaysia, the High Court is a critical component of the superior courts and plays a significant role in the country’s judicial system. It comprises two branches: the High Court of Malaya, which serves Peninsular Malaysia, and the High Court of Sabah and Sarawak, which serves the Borneo states. Together, these courts are integral to the legal framework and maintain authority over lower courts. The Court of Appeal and the Federal Court also form part of the superior courts, with the Federal Court being the highest court in the country.

Each High Court is overseen by a Chief Judge, one in Peninsular Malaysia and another in Sabah and Sarawak, ensuring that the legal processes in both regions are efficiently managed.

Jurisdiction of the High Court

The jurisdiction of the High Court is broad and encompasses original, supervisory, and appellate functions, giving it the authority to hear a wide range of cases.

Original Jurisdiction : The High Court has unlimited civil and criminal power in its original jurisdiction. This means that it can hear any civil or criminal case that is brought before it, provided that the cause of action arose in Malaysia or a party has a place of business here. For instance, the High Court is the first court where serious civil disputes, such as contract issues or property disputes, and complex criminal cases, like serious crimes, may be initiated.
In criminal matters, a case cannot directly reach the High Court unless the offender has been committed for trial after a preliminary hearing in the Magistrate’s Court. This ensures that the case goes through a proper initial review before being escalated.
Appellate Jurisdiction : The High Court also has the authority to hear appeals from lower courts, including the Magistrate’s Court and the Sessions Court. This appellate function allows the High Court to review decisions made by these subordinate courts in both civil and criminal cases. For example, if a party is dissatisfied with the decision of a lower court, they can appeal to the High Court for a re-evaluation of the case.
Supervisory Jurisdiction : In addition to its original and appellate roles, the High Court exercises a supervisory jurisdiction to ensure that the lower courts adhere to proper legal procedures. The High Court may call for the records of proceedings from subordinate courts to be inspected in the interest of justice. If necessary, it can remove a case to the High Court for further hearing or provide directives to the lower courts to correct any legal or procedural errors.

Binding Nature of High Court Decisions

A key feature of the High Court’s role is that its decisions are binding on all lower courts, including the Magistrate’s and Sessions Courts. This ensures consistency in legal rulings across the country. However, the High Court is not necessarily bound by its own previous decisions. This flexibility allows the court to adapt its rulings in response to new legal developments or changing societal needs.

The subordinate courts, which include the Magistrate’s and Sessions Courts, must adhere to decisions made by superior courts such as the High Court, Court of Appeal, and Federal Court. However, the rulings of subordinate courts are not binding on any other court, including the High Court.

Commercial Division

This division handles cases related to business and commercial matters, including company law, financial disputes, and trade-related conflicts. It plays a crucial role in ensuring the smooth functioning of the business environment in Malaysia

Civil Division

The Civil Division deals with a wide array of civil cases, such as personal injury claims, family law matters, property disputes, and other non-criminal legal matters. This division ensures that civil law issues are adjudicated fairly and efficiently

Criminal Division

This division focuses on criminal cases, such as violent crimes, fraud, and other serious offenses. It is responsible for ensuring that criminal justice is served, whether in original trials or in the appeals process

Appellate Division

The Appellate Division specifically handles appeals from lower courts, reviewing cases in both civil and criminal matters. It is tasked with assessing whether the decisions made by subordinate courts were legally sound and ensuring that the correct legal principles were applied

Each division operates with its own registry, and a Senior Assistant Registrar is assigned to assist each judge. This division of responsibilities ensures that the High Court can effectively manage the significant volume of cases it handles.

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