Najib Still An Mp Not A Bankrupt Despite Court Ruling Says Lawyer


 
Datuk Seri Najib Razak. -Bernama filepic
KUALA LUMPUR: Former prime minister Datuk Seri Najib Razak is not bankrupt despite a court ruling dismissing his application for a stay on a summary judgment that requires him to pay RM1.69bil in tax arrears to the Inland Revenue Board (LHDN).
Lawyer Mohamed Haniff Khatri Abdulla said there was a public misconception that Najib was a bankrupt because of the bankruptcy notice that was issued to him on Feb 4.
According to the lawyer, there are phases to a bankruptcy process that a person must go through before being declared bankrupt.
Until this declaration is made by the court, Najib is still the rightful Pekan MP, he added.
“The disqualification of an MP is governed by Article 48(1)(b) of the Federal Constitution for undischarged bankruptcy,” he said when contacted by The Star here on Tuesday (June 15).
Mohamed Haniff explained that a bankruptcy action begins with a bankruptcy notice.
“However, the issuance of this notice does not mean a person is bankrupt. It only means the person has to pay the amount demanded in the notice, failing which the person has committed what is called in law as an act of bankruptcy,” he added.
After the act of bankruptcy is committed, LHDN, as the creditor, will file for a petition of bankruptcy known as a creditor’s petition.
“The creditor’s petition must be filed within six months. Even at this point, the person is still not bankrupt.
“A creditor’s petition is a way of starting a hearing in court. Once a hearing date is obtained, the creditor’s petition must be heard by the court.
“Only if, after all the process of hearing the case, the court is convinced that the person is to be declared a bankrupt, will it then issue the necessary bankruptcy order,” Mohamed Haniff said.
An MP stands to lose his or her parliamentary seat after being declared bankrupt as per Article 48(1)(b) of the Constitution.
“Once an MP is declared bankrupt (by the court), only a Speaker can declare the seat vacant,” Mohamed Haniff said.
On Monday, the Kuala Lumpur High Court dismissed Najib’s application for a stay of execution on a summary judgment against him obtained by the LHDN on July 22 last year.
A summary judgment is when the court decides a particular case summarily, without calling witnesses to testify in a trial.
In his dismissal, Justice Ahmad Bache said Najib had not proven special circumstances to the court that could warrant a stay.
The judge also pointed out that Najib could still negotiate with LHDN for some payments to be made pending the disposal of his hearing at the Special Commissioner of Income Tax (SCIT), where Najib is appealing against the sum demanded from him.
On June 25, 2019, the government through LHDN filed the suit against Najib seeking payment for a total of RM1.69bil, with interest at 5% a year from the date of judgment, as well as cost and other relief deemed fit by the court.
It also said that Najib was given 60 days to pay the tax, together with the 10% increase, but had failed to do so.
Najib is appealing against the High Court's decision on the July 22 summary judgment and the appeal would be heard at the Court of Appeal on Wednesday (June 16). - Star


Artikel ini hanyalah simpanan cache dari url asal penulis yang berkebarangkalian sudah terlalu lama atau sudah dibuang :

http://malaysiansmustknowthetruth.blogspot.com/2021/06/najib-still-mp-not-bankrupt-despite.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+MalaysiansMustKnowTheTruth+%28Malaysians+Must

Kempen Promosi dan Iklan
Kami memerlukan jasa baik anda untuk menyokong kempen pengiklanan dalam website kami. Serba sedikit anda telah membantu kami untuk mengekalkan servis percuma aggregating ini kepada semua.

Anda juga boleh memberikan sumbangan anda kepada kami dengan menghubungi kami di sini
Not Enough To Gazette Tasik Chini As Forest Reserve Says Lawyer

Not Enough To Gazette Tasik Chini As Forest Reserve Says Lawyer

papar berkaitan - pada 19/6/2021 - jumlah : 244 hits
Merely gazetting Tasik Chini Pahang as a forest reserve would not provide adequate protection for the lake and its surrounding ecosystem said the lawyer Rajesh Nagarajan This is because state governments can unilaterally gazette and degazet...
Moratorium Or Not Banks Will Win Says Najib

Moratorium Or Not Banks Will Win Says Najib

papar berkaitan - pada 5/6/2021 - jumlah : 218 hits
Tengku Zafrul Aziz says the government must reimburse banks if a moratorium is ordered prompting Najib Razak to say banks benefit either way PETALING JAYA Former prime minister Najib Razak said banks will profit regardless of whether Putraj...
Court Refuses To Freeze Order For Najib To Pay Rm1 69b Taxes Says All Taxpayers Treated Equally

Court Refuses To Freeze Order For Najib To Pay Rm1 69b Taxes Says All Taxpayers Treated Equally

papar berkaitan - pada 15/6/2021 - jumlah : 207 hits
The High Court today dismissed Datuk Seri Najib Razak s application to temporarily suspend a 2020 court order for him to pay RM1 69 billion in taxes and late payment penalties claimed by the government In a judgement delivered online today ...
Umno Not Interested In No Confidence Motion Against Pm Says Tajuddin

Umno Not Interested In No Confidence Motion Against Pm Says Tajuddin

papar berkaitan - pada 20/6/2021 - jumlah : 552 hits
Umno has no interest in raising a motion of no confidence against Prime Minister Muhyiddin Yassin at the next parliamentary sitting says Tajuddin Abdul Rahman According to Berita Harian the party s elections director said Umno only wished t...
King S Asap Does Not Mean In A Few Months Says Zahid

King S Asap Does Not Mean In A Few Months Says Zahid

papar berkaitan - pada 19/6/2021 - jumlah : 235 hits
The repost by Istana Negara today which included the King s statement that he wanted Parliament to reconvene as soon as possible PETALING JAYA The King s call for Parliament to reconvene as soon as possible does not mean in a few months tim...
Penang Speaker Nsc Says State Assembly Can T Meet As Emergency Still In Effect

Penang Speaker Nsc Says State Assembly Can T Meet As Emergency Still In Effect

papar berkaitan - pada 12/6/2021 - jumlah : 194 hits
The Penang state legislative assembly s application to convene a meeting in June was rejected by the National Security Council said Datuk Law Choo Kiang The Penang Speaker said the NSC stated that the Emergency Ordinance is still in force s...
Anwar Hits Out At Low Testing Numbers Says Positivity Rate Still High

Anwar Hits Out At Low Testing Numbers Says Positivity Rate Still High

papar berkaitan - pada 22/6/2021 - jumlah : 188 hits
If 138 000 tests were conducted as prescribed by WHO we would likely be having more than 9 000 new cases daily says Anwar Ibrahim PETALING JAYA Opposition leader Anwar Ibrahim has hit out at the government over the low number of Covid 19 te...
Take More From Kwan To Help M40 B40 Groups Says Najib

Take More From Kwan To Help M40 B40 Groups Says Najib

papar berkaitan - pada 2/6/2021 - jumlah : 349 hits
Najib Razak also asks if the RM100 for singles and RM500 for B40 households are sufficient PETALING JAYA Former prime minister Najib Razak has urged the government to take another RM4 2 billion from the National Trust Fund to assist the B40...
With Malaysia S Covid 19 Cases Still At Worrying Levels Govt Should Utilise Private Labs For Testing Says Ex Minister

With Malaysia S Covid 19 Cases Still At Worrying Levels Govt Should Utilise Private Labs For Testing Says Ex Minister

papar berkaitan - pada 22/6/2021 - jumlah : 309 hits
Yeo s cited Health director general Tan Sri Dr Noor Hisham Abdullah s recent remarks that private laboratories are now only running at 30 per cent of capacity for Covid 19 testing Picture by Ahmad ZamzahuriKUALA LUMPUR June 22 Bakri MP Yeo ...
Fungi Wechat Yang Ramai Tak Tahu

Ziana Zain Duta Rasmi Csa Academy

Asan Lembu The Movie

Di Masjid Muhammadiyah Nurul Yakin Paus Quran Dan Sains By Dr Hm Raki

Hospital Kuala Pilah

Ramadan Bazaars 2024 Exploring The Culinary Delights Of Selangor S Ramadan Bazaars

Saya Dan Rafizi Tiada Isu Peribadi Kata Puad

Hallway Wall Art Mockup For A Sophisticated Look



Koleksi 15 Lagu Hari Raya Terbaru Yang Meriahkan Aidilfitri 2024 Bakal Evergreen Bak Lagu Lama

6 Pantang Larang Penting Kalau Nak Selamat di Sekolah Asrama

Info Dan Sinopsis Filem 19 Puasa Playboys Of Plastik Hitam Astro First

Casimir Zeglen Paderi Yang Mencipta Jaket Kalis Peluru

Biodata Mohammad Rifdean Masdor Atlet Muay Thai Malaysia Yang Gegarkan One Championship Seangkatan Johan Ghazali Jojo


Lelaki Lihat Lembaga Besar Semasa Solat Berjemaah

Tawarkan Lebih Pilihan Pembiayaan Kepada Mahasiswa

Hari Ini 2 Al Hamdulillah Padi Dalam Pasu

Menu Sahur

Terkejut Jumpa Segenggam Paku Dalam Lemang

Pemain Newcastle Tonali Dituduh Melanggar Peraturan Pertaruhan Bahasa Inggeris