Case Review

Malaysia Law Journal Reports/2012/Volume 1/Dewan Pemuda Masjid Malaysia v SIS Forum (Malaysia) – [2012] 1 MLJ 126

Name of the parties that involve in this case are between Dewan Pemuda Masjid Malaysia v SIS Forum (Malaysia). The plaintiff in this case is SIS Forum (Malaysia) while the defendant is Dewan Pemuda Masjid Malaysia. This case has been in heard in High Court (Kuala Lumpur). While, the judge that heard this case is Zabariah Mohd Yusof. Date of judgement of this case is 14 January 2011.
FACTS:
There are lot of facts that can be found in this case. First and foremost, both applicant and the respondent were registered under Companies Act 1965. Both parties are created with their own aim and objective. The aims of applicant are to uphold and maintain the holiness of Islam while the objective of respondent is to uphold the women right. The respondent registered as SIS Forum (Malaysia) with Companies Commission on 10 June 1993. There are 3 originating summons that filed by the applicant to seek order from the court. Firstly, ‘Sister in Islam’ is not the valid and legal organisation name for the respondent. Second, respondent is prohibited from using the name of ‘Sister in Islam’ in any pamphlet, publication or any statement made by respondent via media or internet that can show the identity of respondent until it is permitted by the law and lastly, respondent have to remove the name ‘Sister in Islam’ in any materials until the respondent was legally authorise to do so. Furthermore, the applicant assume that respondent has disobey section 22 and section 121 of Companies Act 1965 by using unregistered name ‘Sister in Islam’ and a controlled word ‘Islam’ where it is limited by the Companies Act 1965 as their organisation’s name and identity in their many activities such as article writing, publication and many more. Moreover, the applicant also submit that, the act of the respondent using the name of ‘Sister in Islam’ is breach the teaching, basic, principle...



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