On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 01/08/2012.
Statements made under special circumstances
34. Entries in books of accounts regularly kept in the course of business are relevant whenever they refer to a matter into which the court has to inquire, but such statements shall not alone be sufficient evidence to charge any person with liability.
Illustration
A sues B for $1,000 and shows entries in his account-books showing B to be indebted to him to this amount. The entries are relevant, but are not sufficient without other evidence to prove the debt.
36A.
—(1) The Rules Committee constituted under the Supreme Court of Judicature Act (Cap. 322) may make rules to provide for the filing, receiving and recording of evidence and documents in court by the use of information technology in such form, manner or method as may be prescribed.
[8/96]
(2) Without prejudice to the generality of subsection (1), such rules may —
(a)
modify such provisions of this Act as may be necessary for the purpose of facilitating the use of electronic filing of documents in court;
(b)
provide for the burden of proof and rebuttable presumptions in relation to the identity and authority of the person sending or filing the evidence or documents by the use of information technology; and
(c)
provide for the authentication of evidence and documents filed or received by the use of information technology.
[8/96]
37. An entry in any public or other official book, register or record, stating a fact in issue or relevant fact and made by a public officer in the discharge of his official duty or by any other person in performance of a duty specially enjoined by the law of the country in which such book, register or record is kept, is itself a relevant fact.
38. Statements of facts in issue or relevant facts made in published maps or charts generally offered for public sale, or in maps or plans made under the authority of Government as to matters usually represented or stated in such maps, charts or plans, are themselves relevant facts.
Relevancy of statement as to fact of public nature contained in certain Ordinances, Acts or notifications
39. When the court has to form an opinion as to the existence of any fact of a public nature, any statement of it made in a recital contained in —
(a)
any Act or Ordinance;
(b)
any legislation enacted by the Parliament of Malaysia or by the legislature of any part of the Commonwealth;
(c)
any legislation enacted by the legislature of any State of Malaysia; or
(d)
any printed paper purporting to be —
(i)
the Government Gazette;
(ii)
the London Gazette; or
(iii)
the Gazette printed under the authority of the Government of Malaysia or of any State thereof or of the government of any other part of the Commonwealth including, where such part is under both a central government and a local government, any such local government,
is a relevant fact.
40. When the court has to form an opinion as to a law of any country, any statement of the law contained in a book purporting to be printed or published under the authority of the government of the country, and to contain any such law, and any report of a ruling of the courts of the country contained in a book purporting to be a report of the rulings, is relevant.