TOPIC 1: DEALINGS AND REGISTRATION OF DEALING

1.0 HISTORICAL BACKGROUND

Initially, all the Federated and Unfederated Malay States and Malacca had recognized
the early Malayan Customary Landholding whereby any person who carried out the task of
clearing waste land was entitled to occupy it provided that he cultivated it and then handed
over one tenth of the produce to the state. Contrary, Penang, with the passing of the First
Charter of Justice wholly subjected to English Land Law.

a. Federated Malay State

Perak, Pahang, Selangor and N. Sembilan had become Federated Malay State. All these
4 states had enacted law by introducing the Torrens title for use in the Malayan setting.
Later, National Land Code 1965 which aims to introduce uniform system of land law was
adopted. Torrens title is a system of land registration, in which a register of land holdings
maintained by the state guarantees an indefeasible title to those included in the register.
Land ownership is transferred through registration of title instead of using deeds.

b. Unfederated Malay State

Kedah, Kelantan, Johor, Perlis and Terengganu had become Unfederated Malay State.
The land tenure in these 5 states had taken the form of early Malay customary tenure
which influence by Thai Law. Later, National Land Code 1965 which aims to introduce
uniform system of land law was adopted.

c. Penang & Melaka

Next, as for Penang, Malacca and Singapore, these states had formed the Strait
Settlement. The Charter of Justice 1826 had been extended to these 3 states which had
bring the application of English Land Law. Later, National Land Code (Penang and Malacca
Titles) Act 1963 which provided the framework for the conversion of the deed system to
the Torrens System was adopted.

d. Sarawak & Sabah

In Sarawak, it was based on Torrens System of title by registration to land under the
present Sarawak Land Code.
For Sabah, it was not based on the Torrens registration system and is governed by Sabah
Land Ordinance which have no provision conferring the indefeasibility of title to or interest
in land and allow adverse possession. The law of adverse possession gives right
of ownership to land to persons who have no formal ownership. Long possession matures
the wrong into a right. This is totally in contrary to S.48 of NLC 1965.
2.0 DEALINGS OF ALIENATED LAND
 Torrens system is a land administration system that based on registration.
Registration is a vital prerequisite of indefeasibility.
Teh Bee v. K Maruthamuthu
 In this case, it was held that the registered title which contains the appellant’s name
is the conclusiveness evidence that the appellant is the proprietor of the land even
though the payment of land revenue was delayed.
 Under the Torrens System, register is everything and it would be wrong to allow an
investigation as to the right of the person to appear upon the register when he holds
the certificate of title.

Definition of Dealings
S.5 of NLC 1965: "Dealing" means any transaction with respect to alienated land effected
under the powers conferred by Division IV, and any like transaction effected under the
provisions of any previous land law, but does not include any caveat or prohibitory order.
[Consists of three elements, any transaction, alienated land, does not include caveat and
prohibitory order]
S.5 of NLC 1965: “Alienated Land” means any land (including any parcel of a sub-divided
building) in respect of which a registered title for the time being subsists, whether final or
qualified, whether in perpetuity or for a term of years, and whether granted by the State
Authority under this Act or in the exercise of powers conferred by any previous land law,
but does not include mining land. [Alienated land does not include mining land]

S.205(1) of NLC 1965: The dealings capable of being effected under this Act with respect to
alienated lands and interests therein shall be those specified in Parts Fourteen to
Seventeen, and no others. [Only those dealings specified in Part 14-17 capable of being
effected.]

S.292(1) of NLC 1965: The following instruments may be registered under this Part, and
may be presented to the Registrar for that purpose in accordance with the provisions of
sub-section (2)- [Transfer, Lease, Charge and Easement- Registrable]
(a) any transfer under Part Fourteen of land, of an undivided share in land, or of any
lease, sub-lease or charge;
(b) any lease, sub-lease or surrender thereof under Part Fifteen;
(c) any charge, discharge or instrument of postponement under Part Sixteen:
(d) any certificate of sale under Part Sixteen; and
(e) any instrument granting or releasing any easement under Part Seventeen.
Cases on Definition of ‘Dealings’
Che Dah v Commissioner of Land titles Penang
 In this case, the Plaintiff who is the remainderman had presented instrument to
transfer the land to 2nd plaintiff on valuable consideration. However, this has been
rejected by the defendant on the ground that the plaintiff was not the registered
proprietor of the land.
 The court ruled that Registrar has no discretion to register any instrument that is
outside the scope of S.292(1). The proper remedy for the plaintiff was to appeal to
the Court by virtue of S.417 to direct the Registrar to register her as the owner of the
land upon her rights of a remainderman. This is because the court need to in
compliance with the provision of keeping trusts.

Hong Leong Bank Bhd. v. Goh Sin Khai

 The court ruled that the absolute assignment from the Defendant to Plaintiff
constituted an equitable mortgage of the property [S.4(4) of CLA]. As such, the
plaintiff had absolute rights, interest and title in the property and can dispose the
property in accordance with the agreed terms and conditions regardless of the
issuance of an individual title.

Hassan Kadir v. Mohamed Moidu

 In this case, the Federal Court ruled that the Deed of Sale in the present case did not
fall within the meaning of the word "dealing" as defined in S. 5 of NLC, and it was
also not an "instrument of dealing" within S.205 of the Code read together with
S.206 to S.211. HC was right in ruling the existence of Constructive Trust and P was
entitled to specific performance.

Sivalingam a/l Yakambaram Pillai & 29 Ors v R Tharumalingam Ponnusamy

 In this case, it was held that merely entering into an agreement with the vendor of
the land to purchase an undivided share from him does not constitute a dealing
within the meaning of the National Land Code.
1) Registration of Instrument of Dealings
 It is necessary to have dealings in alienated land or any interest in it to be registered,
for the purpose of fast, economic and certainty.
 “Interest in alienated land’ includes a lease and sublease of alienated land; a charge
of alienated land; and an easement. These interests are required to be registered by
the NLC to become effective. Once registered, the person who accepts the lease will
have a registered interest over the alienated land. [Lease only obtains interest
without transferring the ownership to lessor. This is the difference between interest in
alienated land & alienated land.]
S.5 of NLC 1965: “Alienated Land” means any land (including any parcel of a sub-divided
building) in respect of which a registered title for the time being subsists, whether final or
qualified, whether in perpetuity or for a term of years, and whether granted by the State
Authority under this Act or in the exercise of powers conferred by any previous land law,
but does not include mining land. [Alienated land does not include mining land]
S.206(1) of NLC 1965: Subject to the following provisions of this section: [No title or interest
in land will be created until the instruments affecting these dealings have been registered]
(a) every dealing under this Act shall be effected by an instrument complying with the
requirements of sections 207 to 212; and [every dealings under NLC must comply
with the requirement of S.207-S.212 , failure to register the instrument will cause the
dealing to transfer the title of alienated land/interest to be ineffective/not valid.]
(b) no instrument effecting any such dealing shall operate to transfer the title to any
alienated land or, as the case may be, to create, transfer or otherwise affect any
interest therein, until it has been registered under Part Eighteen.
S.206(2) of NLC 1965: The provisions of sub-section (1) shall not apply to- [Tenancies and
Liens are exempt from registration]
(a) the creation of, or other dealings affecting, tenancies exempt from registration
(which may be effected, instead, as mentioned in subsection (2) of section 213); or
(b) the creation of liens (which may be created, instead, as mentioned in section 281).
Palaniappa Chetty v Dupire Bros
 In this case, it was held that “lien is a right to retain something belonging to another
in his possession until certain demands by the person in possession are satisfied”.
S.206(3) of NLC 1965: Nothing in sub-section (1) shall affect the contractual operation of
any transaction relating to alienated land or any interest therein. [Failure to register does
not affect the contractual operation of any transactions as they can seek remedies under
contract.][Eg: Sale agreement not recognized as dealing, mere contractual relationship
between parties, still valid and binding even not registered with Registrar.]
2) Persons/ Bodies in Whose Favour Dealings Are Capable of Being Effected
S.205(2) of NLC 1965: The persons and bodies in whose favour such dealings are capable of
being effected shall be those, and only those, to whom, under section 43, State land is
capable of being alienated. [Consists of three elements, any transaction, alienated land,
does not include caveat and prohibitory order]
S.43 of NLC 1965: Subject to the provisions of Part Thirty-Three (A), the powers of disposal
conferred on the State Authority by section 42 may be exercised only in favour of, and
applications for their exercise may be accepted only from, the following persons and bodies
(a) the natural persons other than minors;
(b) corporations having power under their constitutions to hold land;
(c) sovereigns, governments, organisations and other persons authorised to hold land
under the provisions of the Diplomatic and Consular Privileges Ordinance, 1957;
(d) bodies expressly empowered to hold land under any other written law:
Provided that it shall not be necessary for a corporation to have power to hold land in order
for it to be able to apply for, and be issued with, a permit to extract and remove rock
material. [natural person who reached age of majority, corporations, sovereigns,
governments, organizations, bodies expressly empowered to hold land under other written
law.]
S.433B(1) of NLC 1965: Notwithstanding anything contained in this Act or in any other
written law [Non-citizens and foreign companies may acquire land with approval of SA.]
(a) a non-citizen or a foreign company may acquire land by way of a disposal under
Division II;
(b) a dealing under Division IV with respect to alienated land or an interest in alienated
land may be effected in favour of a non-citizen or a foreign company;
(c) alienated land, or any share or interest in such land, may be transferred or
transmitted to, or vested in, or created in favour of any person or body as "trustee",
or of two or more persons or bodies as "trustees", where the trustee or one of the
trustees, or where the beneficiary or one of the beneficiaries, is a non-citizen or a
foreign company;
(d) the Registrar may in respect of any land register any person or body as
"representative" or make a memorial in favour of any person or body as
"representative" if such person or body is a non-citizen or a foreign company;
(e) the Registrar may endorse any memorial of transmission on the register document
of title to any land in favour of a non-citizen or foreign company,
but only after the prior approval of the State Authority has been obtained upon an
application in writing to the State Authority by such non-citizen or foreign company:
S.205(3) of NLC 1965: Subject to sub-section (4), no dealing in respect of any alienated land
subject to the category "agriculture" or to any condition requiring its use for any
agricultural purpose shall be effected if such dealing would have the effect of creating any
undivided share of such size that, if the land is to be partitioned in proportion to the several
shares, the area of an resulting individual portion would be less than two-fifths of a hectare.
[It prohibits dealings of agricultural land less than two-fifth of a hectare in the event of
partition.]
S.205(4) of NLC 1965: The prohibition imposed by sub-section (3) shall not apply to those
cases where upon the coming into force of the said subsection, any alienated land or held
by any person or body, is less than two-fifths of a hectare, or an undivided share in any
alienated land held by any person or body represents a portion of less than two-fifths of a
hectare, and dealings shall be capable of being effected in respect of such alienated land or
undivided share therein:
Provided that:
(i) any such dealing shall be in respect of the whole of the alienated land and shall be in
favour of only one person or body; or
(ii) any such dealing shall be in respect of the whole of any undivided share in any
alienated land and shall be in favour of only one person or body, or one or more
coproprietors of the said land.;

S.205(5) of NLC 1965: Nothing contained in sub-section (3) and (4) shall render invalid any
instrument effecting any dealing in any alienated land or any undivided share therein
executed under this part before the commencement of this section. [The prohibition in
s.205(3) & (4) shall no invalid any instrument effecting any dealing prior to the
commencement of NLC 1965.]
Hassan Kadir v. Mohamed Moidu
 In this case, P had purchased certain portion of a land by Deed of Sale, the portion is
about 21,000 square feet which is contrary to S.205(3).
 COA held that the deed was executed six to seven years prior to the enactment of
S.205(3), therefore according to S.205(5) the dealing still valid and applicable.
Tan Ean Leng & Anor v Pentadbir Tanah, Daerah Kuala Muda, Sungei Petani
 In this case, P had purchased certain land and transfer was executed in respect of the
land but the registration of transfer instrument was rejected because it is a sales and
purchase agreement.
 It was held that S.205(5) validates the dealings as those contained in the present
application. Thus, in the present case, the registrar was wrong in refusing to register
the instrument of transfer as presented to him.
3) Formalities & Procedures
i) Forms for Registrable Dealing
S.207 (1) of NLC 1965: Every instrument effecting any dealing under this Act shall be in such
of the forms in the First Schedule as is specified in relation to the dealing in question in the
appropriate Part of this Division:
Provided that the form so specified for any dealing may, so long as the variation is not in a
matter of substance, be used in any particular case with such adaptations, alterations or
additions as may be rendered necessary by the character of the parties or other
circumstances of the case. [They are allowed to change the restriction so long they don’t
vary the matter of substance.][Eg: Form 14A – Transfer of land/share/lease, Form 14B –
Transfer of charge, Form 15 A – Lease of land, Form 15B – Sub-lease of land, Form 16A –
Charge…]
S.207(2) of NLC 1965: The Headings and Schedules to be inserted in instruments of dealing
as indicated by the relevant forms in the First Schedule shall, except where otherwise
indicated in any particular form, be those shown in Form 13A. [The Headings & Schedules to
be inserted in form – Form 13A.]

S.207(3) of NLC 1965: The provisions of section 211 shall have effect with respect to the
inclusion of attestation clauses in instruments of dealing, and the form of such clauses. [The
form must be attested as required under s.211.]

ii) Description
S.208(1) of NLC 1965: Every instrument effecting any dealing under this Act shall specify-
(a) the full name and address, and (where appropriate) the occupation or conjugal
status, of every person or body claiming thereunder;
(b) in the case of any person or body whose address specified therein pursuant to
paragraph (a) is outside the Federation, an address within the Federation for the
service of notices under this Act; and
(c) where the effect of the instrument is to transfer any land to two or more persons or
bodies as co-proprietors, the shares in which the land is to be held. [The instrument
shall specify the full name, address, occupation or conjugal status [single or married.
The portion of the shares to be held in transfer of land to 2/more person.]
S.209(1) of NLC 1965: Subject to sub-section (2), every instrument effecting any dealing
under this Act shall describe the land to which, or to any share or interest in which, it
relates by reference to
(a) the administrative area in which the land is situated. [administrative land = town,
village/mukim]
(b) the lot number of the land or, in the case of land held under qualified title, its Land
Office number; and
(c) the title number of the land.

S.209(2) of NLC 1965: Where the land referred to in sub-section (1) consists of a parcel of a
building held under subsidiary title, the instrument shall describe the parcel by reference to
the administrative area of the lot of which it forms part and the parcel number and the title
number of the parcel. [Land consist of parcel of building, parcel must describe parcel
number & title number of parcel.

iii) Execution of Instrument of Dealings

S.210(1) of NLC 1965: Every instrument effecting any dealing under this Act shall be
executed in accordance with the following provisions of this section by each of the parties
and the parties consenting thereto or, in the case of any particular party, by a person acting
on his behalf under a valid power of attorney or on the authority of any written law
(including this Act) or the order of any court.

S.210(2) of NLC 1965: The execution of any such instrument by a natural person shall
consist of his signing it or affixing his thumbprint thereto. [Execution by natural person:
signature/affixing thumbprint.]

S.210(3) of NLC 1965: The execution of any such instrument by a corporation (whether
aggregate or sole) shall be effected in such manner as is authorised by its constitution, or
by any law for the time being in force:
Provided that, without prejudice to the power of corporations aggregate to adopt any
other manner of execution authorised as aforesaid, any such instrument bearing
(i) the seal of such corporation, and
(ii) a statement, signed by the secretary or other permanent officer thereof, or his
deputy, and by a member of the board of directors, council or other governing
body, to the effect that the seal was affixed thereto in their presence,
shall, in favour of any purchaser, be deemed conclusively to have been duly executed by
that corporation. [Execution by corporation: execute in the manner authorized by
constitution (in practice, execution by affixing the seal & signed by 2 authorised officers.]

S.210(4) of NLC 1965: In this section "signing" does not include making a mark. [mark=
seal/chop.]
iv) Attestation of Instrument of Registrable Dealings
S.211(1) of NLC 1965: Every execution by a natural person of any instrument effecting any
dealing under this Act shall be attested in accordance with the following provisions of this
section by one of the officers or other persons specified in that behalf in the Fifth Schedule.
Provided that this requirement shall not apply to the execution of any such instrument by
(i) the State Director,
(ii) the Registrar,
(iii) any Land Administrator,
(iv) any officer of the Court, or
(v) the Official Administrator
Para 1 of Fifth Schedule of NLC 1965: Every execution by a natural person of any
instrument effecting any dealing under this Act, other than an instrument in respect of any
land referred to in paragraph 3, shall be attested by any of the following officers or other
persons: [Refer (1)-(10).]

Para 3 of Fifth Schedule of NLC 1965: Subject to paragraph 4, every execution by a natural
person of any instrument effecting any dealing under this Act in respect of any of the
following lands shall be attested by a Land Administrator:
(1) a Malay holding under the Malay Reservations Enactment of the Federated Malay
States, the Malay Reservations Enactment of Johore, or the Malay Reservations
Enactment of Terengganu;
(2) reservation land held by a Malay under Enactment No. 63 (Malay Reservations) of
Kedah, the Malay Reservations Enactment of Kelantan, or the Malay Reservations
Enactment of Perlis;
(3) reservation land held by a Siamese under Enactment No. 63 (Malay Reservations) of
Kedah, or the Malay Reservations Enactment of Perlis;
(4) Land that is subject to Part VIII of the National Land Code (Penang and Malacca Titles)
Act 1963. [Dealing executed by natural person which involve Malay Holding/
Reservation land shall be attested only by Land Administrator.]

Para 4 of Fifth Schedule of NLC 1965: The requirement for attestation by a Land
Administrator under paragraph 3 shall not be applicable to:
(1) any instrument of charge in respect of any land referred to in that paragraph
executed by a person under a power of attorney on behalf of a body corporate or a
company, provided that such body corporate or company is allowed to be a chargee
under the appropriate Malay Reservations Enactment [Dealing executed by person
under power of attorney on behalf of a company is exempted from attestation.]
S.211(2) of NLC 1965: The attestation clause to be used in any case shall be that shown in
Form 13B; and the position thereof in the instrument shall be immediately after the
execution to which it relates. [The attestation clause shall be that shown in Form 13B and it
shall be done immediately after execution.]

S.211(3) of NLC 1965: The officer or other person attesting any execution pursuant to this
section shall sign the attestation clause and, if he has a seal of office, authenticate his
signature with that seal. [The officer attesting any execution shall sign the execution clause
with seal.]

S.212 of NLC 1965: No instrument shall be capable of effecting dealings under this Act with
respect to more lands than one unless
(a) the dealings in question are all of the like nature, and are all effected by the same
person or body in favour of the same person or body; and
(b) the register documents of title to the lands in question are all kept in the same
Registry or Land Office. [No instrument shall be capable of effecting dealings with
respect to more than one lands unless dealings are all alike in nature, effected by
same person in favour of same person, RDT kept in same Registry/ Land Office.]

S.309(1)(a) of NLC 1965: Where any instrument presented for registration under this Part
has been executed on behalf of any person or body under a power of attorney, it shall be
accompanied by
(a) an office copy thereof within the meaning of section 10 of the Powers of Attorney
Ordinance, 64 of 1949, or, in the case of a power to which sub-section (4) of section
of that Ordinance applies; the original thereof; and [Power of attorney: Stamping of
an instrument of dealing; if necessary, adjudication (Transfer).]

v) Presentation of Instrument & Endorsement on Presentation Book

 An instrument of dealing can be accepted & entered in Presentation Book by
Registrar / LA if it fulfills the following provisions.
S.292(2) of NLC 1965: Any such instrument may be so presented either by lodging it at the
Registry or, as the case may be, Land Office, or by despatching it to the Registrar by pre-
paid post; and the time of presentation shall, in the case of any instrument presented by
post, be taken as the time at which it is withdrawn from its cover in the Registry or Land
Office.

S.292(3) of NLC 1965: The Registrar shall note the time of presentation on any such
instrument forthwith.
S.292(4) of NLC 1965: The death of any person by or on behalf of whom any instrument of
dealing has been executed shall not affect the validity thereof, and any such instrument
may, accordingly, be presented for registration under this Part as if the death had not
occurred. [The death of any person will not affect the presentation or instrument for
registration.]

S.293(1) of NLC 1965: Every instrument presented for registration under this Part shall be
accompanied by
(a) the prescribed registration fee, and
(b) if it is presented more than three months after the date thereof, a delayed
registration fee calculated in accordance with the provisions of sub-section (2);
and, subject to paragraph (b) of sub-section (3), any instrument which is not so
accompanied shall, instead of being entered in the Presentation Book pursuant to section
295, be returned forthwith to the person or body by whom it was presented. [Presentation
of instrument must accompany with relevant fees. Penalty will be imposed for the delay in
presentation more than 3 months.]

S.293(2) of NLC 1965: The amount of the delayed registration fee payable in respect of any
instrument shall be the amount of the prescribed registration fee multiplied by the number
of completed periods of three months which have elapsed since the date thereof:
Provided that the said fee shall not in any case exceed five times the amount of the
prescribed registration fee.

S.293(3) of NLC 1965: The Registrar may, if he is satisfied that good grounds exist for the
delayed presentation of any instrument, or that it would for any other reason be just to do
so
(a) refund, in whole or in part, any delayed registration fee tendered to him pursuant to
this section, or
(b) direct the entry of the instrument in the Presentation Book notwithstanding that it is
not accompanied by any such fee, or by the full amount thereof;
and the giving of any direction under paragraph (b) shall constitute a waiver of the fee in
question or, as the case may be, of the amount underpaid in respect thereof. [If there was
good ground for the delay, refund will be given and instruments will entry into the
Presentation Book.

S.294(1)(a) of NLC 1965: Every instrument presented for registration under this Part(a) shall
consist of a single original duly stamped in accordance with the provisions of the Stamp
Ordinance, 1949, [every instrument presented for registration must be stamped in
accordance with Stamp Act 1949.]
S.294(1)(b) of NLC 1965: Every instrument presented for registration under this Part(a)
where it is a lease, sub-lease or charge, shall, subject to sub-section (4), be accompanied by
a duplicate thereof, plainly marked as such, certified as a true copy of the original by one of
the officers or other persons specified in the Fifth Schedule, and duly stamped in
accordance with the said provisions. [Lease/sub-lease and charge must accompanied with
certified duplicate by one of the officers stated in 5th Schedule and is duly stamped.]

 If not duly stamped, may refer to impounding an instrument of dealing under Stamp
Act 1949.
S.51(1) of Stamp Act 1949: Every person having by law or consent of parties authority to
receive evidence, and every person in charge of a public office, except an officer of police,
before whom any instrument, chargeable, in his opinion, with duty, is produced or comes in
the performance of his functions, shall, if it appears to him that such instrument is not duly
stamped, impound the same. [扣押 instrument in the event not duly stamped.]

S.52(1) of Stamp Act 1949: No instrument chargeable with duty shall be admitted in
evidence for any purpose by any person having by law or consent of parties authority to
receive evidence, or shall be acted upon, registered, or authenticated by any such person
or by any public officer, unless such instrument is duly stamped: Provided that—
(a) any such instrument shall, subject to all just exceptions, be admitted in evidence on
payment of the duty and the penalty, if any, chargeable in respect thereof under
section 43 or 47A;
(b) nothing herein contained shall prevent the admission of any instrument in evidence
in any criminal court;

nothing herein contained shall prevent the admission of any instrument in evidence in any
court when such instrument has been executed by or on behalf of the Government of
Malaysia or of any State or of the Government of any other country or where it bears the
certificate of the Collector as provided by this Act. [instrument not duly stamped
inadmissible in evidence.]

S.53(2) of Stamp Act 1949: In every other case in which an instrument is impounded under
section 51, the person impounding the same shall send it forthwith to the Collector; and
the Collector, on payment of the duty and penalty, if any, chargeable in respect thereof
under section 43 or 47A, shall stamp such instrument and shall return it to the person who
sent it to him, but if such duty and penalty, if any, be not paid, he shall retain such
instrument.
  Then, continue refer to NLC 1965
S.294(2) of NLC 1965: Subject to sub-section (4), every such instrument, in addition to
being accompanied by any duplicate which may be required under paragraph (b) of sub-
section (1), shall be accompanied by such of the documents required in connection with its
registration as are specified in the following paragraphs
(a) the document or documents on which, under section 306, a copy of the memorial of
registration is required to be made;
(b) in the case of a surrender of any lease or sub-lease, or a discharge of any charge, the
duplicate of that lease, sub-lease or charge; and
(c) in the case of any certificate of sale given under sub-section (3) of section 259, the
duplicate of the charge for the breach of which the sale was effected. [It shall
accompanied with any other documents relevant with registration.]

S.294(3)(a) of NLC 1965: Subject to sub-section (4)- any instrument so presented which has
been executed on behalf of any person or body under a power of attorney shall be
accompanied by the supporting document or documents required by section 309; [It shall
be accompanied with supporting document if the instrument is executed on behalf of person
/ body under power of attorney.]

S.294(3)(b) of NLC 1965: Subject to sub-section (4)- any instrument so presented which has
been executed by a management corporation under the powers conferred by section 47 of
the Strata Titles, Act 1985 shall be accompanied by the certificate required by paragraph (c)
of sub-section (3) of that section. [It shall be accompanied with certificate if the instrument
is executed by management corporation.]

S.294(4) of NLC 1965: The fact that any instrument is not accompanied by the documents
required by this section shall not be a bar to its entry in the Presentation Book, but, as
provided in Chapter 2, the instrument shall not be registered until the missing documents
have been produced or, in the case of any of the documents specified in sub-section (2),
their production has been dispensed with. [any instrument not accompanied by relevant
documents shall not be a bar to its entry in Presentation Book.]

 S.295 refers to the effect of entry of presentation book.

S.295(1) of NLC 1965: The Registrar shall maintain a book, to be called the "Presentation
Book", in which, subject to the provisions of section 293, there shall be entered a short
description of every instrument presented for registration under this Part, together with
the name and address of the person or body by whom it was presented and the time of
presentation, as noted thereon pursuant to subsection (3) of section 292. [any instrument
not accompanied by relevant documents shall not be a bar to its entry in Presentation Book.]
S.295(2) of NLC 1965: The Presentation Book shall constitute conclusive evidence as to the
time of presentation of any instrument entered therein. [The entry of instrument in
Presentation Book shall constitute conclusive evidence BUT it does not mean registration.]

S.296(1) of NLC 1965: Any instrument presented for registration under this Part may, at any
time before its registration, be withdrawn by a notice served on the Registrar by the person
or body by whom it was presented. [Withdrawal of instrument may done by giving a notice
served on Registrar.]

S.437 of NLC 1965: The Presentation Book maintained by the Registrar in pursuance of
subsection (1) of section 295 shall be in Form 34A.

vi) Determination of Qualification of Registrable Instrument

S.297 of NLC 1965: Except in the case of any such instrument which is subsequently
withdrawn under section 296, it shall be the duty of the Registrar to determine in
accordance with the provisions of Chapter 3 the fitness for registration of every instrument
entered in the Presentation Book, and
(a) subject to Part Nineteen, if the instrument is fit for registration, and accompanied by
the documents required by section 294, to register it in the manner provided in
Chapter 4; [If the instrument presented is fit for registration, Registrar will proceed
with registration.]
(b) if the instrument is not fit, or is not accompanied by the necessary documents, to
proceed in accordance with the provisions of section 298 or 299, as appropriate. [If
the instrument presented is unfit for registration, Registrar will proceed with s.298 &
s.299.]

S.298(1) of NLC 1965: Where any instrument is not fit for registration, the registrar shall
reject it forthwith unless the unfitness consists solely of some formal defect or clerical error.

S.298(2) of NLC 1965: Where any instrument

(a) is unfit for registration solely by reason of a formal defect or clerical error, or
(b) being a lease, sub-lease or charge, is not accompanied by a duplicate thereof as
required by paragraph (b) of sub-section (1) of section 294, or
(c) being an instrument to which paragraph (a) or (b) of sub-section (3) of that section
applies, is not accompanied by the document or documents required by that
paragraph,
the Registrar shall suspend the registration thereof for such period, not exceeding fourteen
days, as he may consider necessary for enabling the defect or error to be rectified or, as the
case may be, the document or documents in question to be produced, and, at the expiry of
that period, shall register or reject the instrument as appropriate. [Registrar can reject the
unfit instrument, Registrar shall suspend the registration if there is only formal defect or
clerical error in some documents/ lease not accompanied by document. Suspension not
more than 14 days to allow party to rectify it.]

S.298(3) of NLC 1965: On suspending the registration of any instrument pursuant to sub-
section (2), the Registrar shall give notice thereof to the person or body by whom the
instrument was presented, specifying therein the period of the suspension and the reasons
therefor.

S.298(4) of NLC 1965: On rejecting any instrument pursuant to sub-section (1) or (2), the
Registrar shall mark it with the word "Rejected", return it to the person or body by whom it
was presented together with a note of the reasons therefor, and cause a note of the
rejection to be made in the Presentation Book.

S.299(1) of NLC 1965: Where any instrument is fit for registration, but is not accompanied
by any document required to be submitted therewith by sub-section (2) of section 294, the
Registrar shall make such enquiries with respect to the missing document, and take such
action for securing its production, as he may consider appropriate in the circumstances of
the case, and thereafter
(a) if the document is produced, or he is satisfied that its production ought to be
dispensed with, register the instrument;
(b) in any other case, reject it [It is a duty of Registrar to make enquires to the missing
documents & take action to secure its production.]

vii) Registration
S.300(1) of NLC 1965: The Registrar shall not register, reject or suspend any instrument
until
(a) every instrument presented prior thereto, and affecting the same land or interest,
has been either registered, rejected or withdrawn; and
(b) he has given effect to, or rejected, any prior application under Chapter 7 for the
endorsement on the same register document of title of any tenancy exempt from
registration. [The Registrar cannot continue with 2nd registration, until he has
settled/cancelled/registered/rejected the earlier one’s instrument.]

Mohamad bin Buyong v. Pemungut Hasil Tanah, Gombak

 When Respondent transferred a land to Appellant, he did not present the original
issue document of title, claiming it was lost.
 The court held that the word ‘shall not register’ under s.300 indicates that failure of
Registrar to comply with s.300 is merely directory but not mandatory. Thus, it does
not invalidate the registration. This case shows how importance of signing Register
Document of Title (RDT).
S.300(2) of NLC 1965: Where, by virtue of sub-section (2) of section 292, two or more
instruments affecting the same land or interest are to be taken as having been presented at
the same moment of time, they shall be treated for the purposes of this section as having
been presented in such order as the Registrar may determine, being the order which, in his
opinion, will best give effect to the intention of the parties. [Instrument is treated according
to the sequence of presentation.]

S.304(1) of NLC 1965: The registration of any instrument under this Part shall be effected
by the Registrar in accordance with the following provisions of this section, and the time
and date thereof shall be taken for all the purposes of this Act as the time and date of its
presentation under Chapter 1. [The time of registration shall be same with the time of
presentation.]

 However, according to textbook “Land Law in Malaysia Third Edition” written by Teo
& Khaw, the current principle which followed by us is that every instrument of
dealing and requirement under s.300(1) is mandatory and not directory.
S.304(2) of NLC 1965: The Registrar shall register any instrument by
(a) making on the register document of title to the land to which, or a share or interest
in which, it relates a memorial under his hand and seal in the terms set out in
subsection (3); and
(b) on the instrument itself, completing under his hand and seal that part of the Heading
included therein pursuant to sub-section (2) of section 207 which is shown as
reserved for Registry use.; [The instrument is completely registered if it was signed
and seal on the RDT, same goes for the instrument itself.]

S.304(3) of NLC 1965: The memorial required by paragraph (a) of sub-section (2) shall
consist of a short description of the nature and effect of the instrument (naming the parties
thereto), together with a statement of its number in the Presentation Book, the reference
under which it is to be filed, and the time and date from which the registration is effective.
[The memorial shall consist of 5 things as mentioned above.]

S.304(4) of NLC 1965: Every memorial of registration made pursuant to this section shall be
conclusive evidence of the registration to which it refers and the effective time and date
thereof. [The memorial of registration shall be conclusive evidence.]

Mohamad bin Buyong v. Pemungut Hasil Tanah, Gombak

 In this case, Registrar refused the registration for unfitness. The court ruled that
although A instrument had been presented and recorded in the Presentation Book,
however the registration is only complete when the memorial of the instruments
was signed and seal by Registrar. Since it was not signed by Registrar, the entry could
be cancel or delete by the Registrar.
  Duty of Registrar After Registration
S.305(1) of NLC 1965: Subject to sub-section (3), the Registrar shall, on completing the
registration of any instrument in accordance with the provisions of section 304-
(a) file the instrument;
(b) make a copy of the memorial of registration on the document or documents
specified in section 306 in relation to instruments of the class in question;
(c) cancel
(i) any memorial relating to a dealing which, by virtue of the registration, has ceased
to be effective; and
(iii) if he is able to secure its production, any copy of the memorial on the document
or documents referred to in paragraph (b);
(ca) record the total amount of undivided shares of a coproprietor;

(d) if the instrument is one to which the provisions of section 307 apply, make any
additional endorsements or other entries required by those provisions; and
(e) return to the person or body from whom it was obtained every issue document of
title and duplicate lease, sub-lease or charge presented or produced lease, sub-lease
or charge presented or produced in connection with the registration.

S.305(2) of NLC 1965: The Registrar shall sign and seal every copy memorial and
endorsement made by him pursuant to paragraph (b) or (d) of sub-section (1). [The
Registrar shall sign and seal every copy of memorial.]

S.306 of NLC 1965: The document or documents on which a copy of any memorial of
registration is to be made pursuant to paragraph (b) of sub-section (1) of section 305 shall
be as follows
(a) in the case of
(i) a transfer of any land or undivided share therein,
(ii) any lease or surrender of a lease,
(iii) any charge of land or discharge of such a charge, and
(iv) a certificate of sale of any land
the issue document of title to the land in question;
(b) in the case of a grant or release of any easement, the issue documents of title to
both the dominant land and the servient land,
(c) in the case of any of the following dealings, the appropriate duplicate instrument or
instruments, that is to say
(i) in the case of a transfer or charge of any lease, a discharge of such a charge, or a
certificate of sale of any lease, the duplicate lease;
(ii) in the case of any sub-lease or surrender thereof, the duplicate of the superior
lease or sub-lease;
 (iii) in the case of a transfer or charge of any sub-lease, a discharge of such a charge,
or a certificate of sale of any sub-lease, the duplicate sub-lease; and
(iv) in the case of a transfer of any charge, or its postponement to any other charge,
the duplicate charge or, as the case may be, charges; and
(d) in the case of a charge of an undivided share in land effected by virtue of sub-section
(6) of section 343, or a discharge of such charge, the copy of the issue document of
title issued to the co-proprietor under sub-section (3) of section 343 (in addition to
the issue document of title to the land in question under paragraph (a)). [Documents
on which copy memorials to be made pursuant to section 305.]

S.307 of NLC 1965:

(1) The additional endorsements and other entries referred to in paragraph (d) of
subsection (1) of section 305 are those specified in the following provisions of this
section.
(2) In the case of any lease, sub-lease or charge, the Registrar shall complete the
duplicate thereof in the like manner as that required in respect of the original by
paragraph (b) of subsection (2) of section 304.
(3) In the case of a surrender of any lease or sub-lease, the Registrar shall
(a) endorse the original lease or sub-lease and its duplicate with the word
"Cancelled", together with a note of the reference under which the instrument of
surrender is filed; and
(b) where the interest surrendered was itself subject to a sub-lease, endorse a
reference to the sub-lease against the copy of the memorial of surrender,
together with a statement to the effect that the sublease is preserved by virtue of
sub-section (5) of section 239.
(4) In the case of a discharge of any charge, the Registrar shall endorse the original
charge and its duplicate with a statement that the land or interest to which the
charge relates has been discharged, together with a note of the reference under
which the instrument of discharge is filed.
(5) In the case of a certificate of sale, the Registrar shall endorse the original and
duplicate of the charge for the breach of which the sale was effected with a
statement that the land or interest to which the charge relates has been discharged,
together with a note of the reference under which the certificate of sale is filed.
[Additional endorsements to be made pursuant to section 305.]

S.308 of NLC 1965: Where, by virtue of sub-section (1) of section 267, the effect of
registering any certificate of sale is to extinguish not only the charge for breach of which
the sale was effected but also one or more charges subsequent thereto, the Registrar shall,
in the case of each such subsequent charge (and in addition to cancelling the memorial and
copy memorial thereof, as required by paragraph (c) of sub-section (1) of section 305)
endorse the original and, if able to secure its production, the duplicate thereof in the like
manner as that provided by sub-section (5) of section 307 with respect to the original and
duplicate of the first mentioned charge.

Duties of Registrar When Effecting Registration

(a) Fitness of an Instrument of Dealing
S.301 of NLC 1965: An instrument shall be fit for registration under this Part if, but only if,
the following conditions are satisfied

(a) that it is one of the classes of instrument set out in sub-section (1) of section 292 as
authorised to be so registered; [S.292: Easement, charge, lease, certificate of sale &
transfer.]
(b) that it complies with
(i) the provisions of Part Thirteen as to the form, content, execution and attestation
of instruments of dealing generally, and the persons and bodies capable of taking
thereunder, and[Registrar will look at provision in Part 13 (ie: how to get the form,
what are the form, how to execute the form.]
(ii) the provisions of Parts Fourteen to Seventeen with respect to instruments of the
particular class in question; [comply with provision under part 14-17.]
(c) that the dealing which it effects is not contrary to any prohibition or limitation
imposed by this Act or any other written law for the time being in force, or to any
restriction in interest to which the land in question is for the time being subject;
[Restriction = (Eg: cannot charge the land/cannot transfer the land without approval
of authority.) Prohibition= (Eg: Malay reserved land, cannot transfer to Non-Malay]
(d) that it does not declare or, except as permitted by section 344, disclose the existence
of any trust; and[The existence of trust related to dealing must be disclosed.]
(e) that it is duly stamped in accordance with the provisions of the Stamp Act, 1949; [the
instrument must be properly stamped.]
Provided that where a certificate of sale has been given to a purchaser in respect of any
charged land or lease under sub-section (3) of section 259 or sub-section (4) of section 265,
any requirement to obtain the consent of the State Authority relating to the restriction in
interest to such land or lease in question shall not be applicable.

S.302(1) of NLC 1965: Subject to sub-section (2), the Registrar may make such enquiries,
and require the production of such evidence, oral or documentary, as he may consider
necessary or desirable for the purpose of determining the fitness of any instrument for
registration under this Part. [Registrar has power to make enquiry & require extra evidence
to determine whether the instrument is fit for registration.]
Island & Peninsular Development Bhd. v. Legal Adviser
 In this case, there were mistakes in numbering lots in the instruments presented for
registration. Applicant applied under S.380 for the correction of the mistakes in the
title that had been registered.
 The court ruled that S.380 only limited to the error or omission made by the
Registrar, not extended to parties of the dealing. The memorial of registration was
conclusive evidence under S.304(4). Thus, based on the reason above, it clearly
shows that it is unfit to make correction and Registrar was right in refusing the
rectification.
(b) Limitation on Registrar’s Powers
S.303 of NLC 1965: The powers of the Registrar under section 302 shall be subject to the
following limitations-
(a) he shall not be concerned to enquire whether any transfer of a lease, or grant or
transfer of a sub-lease, constitutes a breach of any agreement against assignment or
sub-letting; [Registrar never look on the original agreement of the lease. Registrar
will not bother whether the lease will validate the original agreement so long the
instrument is fit for registration, they will register.]
(b) in the case of any lease, sub-lease or surrender granted or accepted under section
275 by a chargee in possession of any land, he shall not be concerned to enquire
whether the chargee was rightfully in possession; [Registrar will not bother whether
the charge is in possession of land or not.]
(c) he shall not enquire into the validity of any certificate of sale issued by an officer of
the Court under sub-section (3) of section 259; and[Registrar will not bother the
validity of certificate of sale, they will only see whether it is fit for registration.]
(d) in the case of any dealing effected by a person or body who is registered as trustee
or representative, or by the Official Assignee in his capacity as such, he shall not be
concerned to enquire whether the dealing is consistent with the trusts by which the
land or interest in question is affected or contrary to any prohibition or limitation in
the instrument creating the trusts. [Registrar will not bother whether dealing is
consistent with the trust or not.]

Templeton v The Leviathan Proprietory Ltd

 In this case, the court ruled that Registrar had duties to prevent instruments
presented from being registered if the registration will lead to breach of trust/the
lack of capacity of parties to the dealing. [S.303 put limit on Registrar shall not
enquire to such matters, fitted instrument must be registered.]

 However, Registrar only has administrative power with regards to his duty, not
discretionary power. It means that Registrar cannot act beyond the limit.
(c) Rejection or suspension
S.298(1) of NLC 1965: Where any instrument is not fit for registration, the registrar shall
reject it forthwith unless the unfitness consists solely of some formal defect or clerical error.

S.298(2) of NLC 1965: Where any instrument

(a) is unfit for registration solely by reason of a formal defect or clerical error, or
(b) being a lease, sub-lease or charge, is not accompanied by a duplicate thereof as
required by paragraph (b) of sub-section (1) of section 294, or
(c) being an instrument to which paragraph (a) or (b) of sub-section (3) of that section
applies, is not accompanied by the document or documents required by that
paragraph,
the Registrar shall suspend the registration thereof for such period, not exceeding fourteen
days, as he may consider necessary for enabling the defect or error to be rectified or, as the
case may be, the document or documents in question to be produced, and, at the expiry of
that period, shall register or reject the instrument as appropriate. [Registrar can reject the
unfit instrument, Registrar shall suspend the registration if there is only formal defect or
clerical error in some documents/ lease not accompanied by document. Suspension not
more than 14 days to allow party to rectify it.]

S.298(3) of NLC 1965: On suspending the registration of any instrument pursuant to sub-
section (2), the Registrar shall give notice thereof to the person or body by whom the
instrument was presented, specifying therein the period of the suspension and the reasons
therefor.

S.298(4) of NLC 1965: On rejecting any instrument pursuant to sub-section (1) or (2), the
Registrar shall mark it with the word "Rejected", return it to the person or body by whom it
was presented together with a note of the reasons therefor, and cause a note of the
rejection to be made in the Presentation Book.

S.299(1) of NLC 1965: Where any instrument is fit for registration, but is not accompanied
by any document required to be submitted therewith by sub-section (2) of section 294, the
Registrar shall make such enquiries with respect to the missing document, and take such
action for securing its production, as he may consider appropriate in the circumstances of
the case, and thereafter
(a) if the document is produced, or he is satisfied that its production ought to be
dispensed with, register the instrument;
(b) in any other case, reject it [It is a duty of Registrar to make enquires to the missing
documents & take action to secure its production.]
Registrar’s Power to Correct Errors in Entries Made on Register
S.380(1) of NLC 1965: Where the Registrar is satisfied[The Registrar has the power to make
corrections on document of titles when it is satisfied that:]
(a) that any document of title has been registered or issued in the wrong name, or
contains any misdescription of land or boundaries, or other error or omission, or
(b) that any memorial or other entry has been made in error on any document of title
or other instrument relating to land, or
(c) that any memorial or other entry made on any such document of title or instrument
itself contains any error or omission, he may, subject to sub-sections (2) and (3),
make such correction on the document or interest in question as may be
appropriate in the circumstances of the case.

S.380(2) of NLC 1965: The State Director may if he thinks fit direct that, in such cases or
class or classes of case as may be specified in the direction, the powers conferred by sub-
section (1) shall not be exercisable in respect of land held under Land Office title, or the
corresponding form of qualified title, except with his prior approval. [If the State Director
thinks fit, then the power to correct errors cannot be exercise except obtain his prior
approval.]

S.382(1) of NLC 1965: On making any correction, deletion or cancellation pursuant to

section 380 or 381, the Registrar shall endorse on the instrument in question a note under
his hand and seal of the reason therefor and the date on which it was effected.

S.382(2) of NLC 1965: No amendment, correction, deletion or cancellation made as

aforesaid, or pursuant to any other provision of this Act, shall be made by erasing any
words or figures or otherwise rendering them illegible. [It can only amend/correct/delete
any clerical error, it cannot delete its figures.]

Island & Peninsular Development Bhd. v Legal Adviser

 In this case, there were mistakes in numbering lots in the instruments presented for
registration. Applicant applied under S.380 for the correction of the mistakes in the
title that had been registered.
 The court ruled that S.380 only limited to the error or omission made by the
Registrar, not extended to parties of the dealing. Thus, Registrar was right in refusing
the rectification.
Hassan bin Seman v Jusoh bin Awang
 Land Office had by mistake recorded on register of title the transfer of whole land
instead of half-share of land.
 It was held that it was a genuine mistake which could be corrected by Registrar
under s.380(1)(c). In exercising power under s.380, the Registrar must ensure that
the mistake was a mere error & not something else such as fraud.
Powers of The Court = Remedies for Proprietor
S.417(1) of NLC 1965: The Court or a Judge may by order direct the Registrar or any Land
Administrator to do all such things as may be necessary to give effect to any judgement or
order given or made in any proceedings relating to land, and it shall be the duty of the
Registrar or Land Administrator to comply with the order forthwith. [The court may by
order direct the Registrar/Land Administrator to do all things as may be necessary. It is the
duty of Registrar/Land Administrator to comply with the order.]

S.417(2) of NLC 1965: Where, pursuant to any order made by virtue of this section, the
Registrar or any Land Administrator
(a) cancels any instrument relating to land, or any memorial or other entry on any such
instrument, or
(b) makes any other amendment of, or addition, to, any such instrument, he shall note
thereon the reason for the cancellation, amendment or addition, and the date
thereof, and shall authenticate the same by his signature and seal.
[The order may include cancels any instrument, make any amendment or addition,
authenticate by Registrar/Land Administrator’s signature & seal.]

S.417(3) of NLC 1965: Where the Registrar or Land Administrator takes action under this
section in respect of any land or any share or interest therein, he shall cause notice of his
action to be served upon any person or body having a claim protected by caveat affecting
the land, share or interest. [The notice shall be served to any person/body having
share/interest/caveat in land.]

Che Dah & Anor v Commissioner of Land Titles

 The court reaffirmed that the general powers of court or a judge are contained in
s.417 and it must be very careful in deciding this type of application which can only
use in original and appellate jurisdiction.
 It was held that the title of a proper claimant was perfected by an order of court.

Sungai Biak Tin Mines Ltd v Saw Choo Theng

 It was held that the court has power under s.417 of NLC 1965 to order a rectification
of the register.
Hassan bin Seman v Jusoh bin Awang
 It was held that the court has power to order correction of error provided that the
error must be falls within the definition of error under s.380(1) of NLC 1965.
Seet Soh Ngoh v Venkateswara Sdn Bhd
 It was held that although the Registrar has discretion to decide whether or not to
enter a Registrar’s caveat, the court may under s.417 of the NLC order the Registrar
to enter such caveat on the application of any interested party.

T Damondaran v Choe Kuan Him

 It was held that S.417 of NLC 1965 gives wide power to the court to do correction to
the title itself, but the court need to confine to what is consistent with NLC 1965.

Woon Kim Poh v Sa’amah bte Haji Kasim

 It was held that s.417 of NLC does not authorize the courts to direct the
Registrar/Land Administrator to make on the register entries of a kind which are
inconsistent with the whole scheme of the NLC.

Mosbert Bhd v Stella D’Cruz

 It was held that NLC does not empower the High Court to make an order to allow
void private caveat to be amended. The court may reject the application or extend
the caveat under s.326(2) but there is no provision for it to make any other orders.

Boonsom Boonyanit v Adorna Properties Sdn Bhd

 It was held that the court has an unfettered discretionary power under s.417 of NLC
to order the Registrar to enter a Registrar’s caveat for the prevention of fraud or
improper dealings whether or not the Registrar is a party to the proceedings.

Appeals to the Court

S.418(1) of NLC 1965: Any person or body aggrieved by any decision under this Act of the
State Director, the Registrar or any Land Administrator may, at any time within the period
of three months beginning with the date on which it was communicated to him, appeal
therefrom to the Court. [Any person/body aggrieved by any decision of Registrar/Land
Administrator may within 3 months from the date which was communicated to him appeal
to court.]

S.418(2) of NLC 1965: Any such appeal shall be made in accordance with the provisions of
any written law for the time being in force relating to civil procedure; and the Court shall
make such order thereon as it considers just.
S.418(3) of NLC 1965: In this section "decision" includes any act, omission, refusal, direction
or order. [Any person/body aggrieved by any decision of Registrar/Land Administrator may
within 3 months from the date which was communicated to him appeal to court.]

Public Bank Bhd v Pengarah Tanah dan Galian, Johor Bahru & Anor
 It was held that the decision against which a registered charge may appeal was the
decision of the Registrar to enter a Registrar caveat and not his refusal to cancel it.

Woon Kim Poh v Sa’amah bte Haji Kasim

 Respondent entered into an agreement with development company for joint venture
on a piece of land belonging to her. However, the company failed to honor its
obligation and respondent sought to transfer back the land to her. She lodged a
caveat against the land but the company still capable transferred the land and the
transfer was registered. The Registrar claimed that he was acting under an order of
High Court.
 It was held that the Registrar had misconstrued the order of court. The court order is
to remove the other 3 caveats not including the caveat lodged by respondent. Thus,
the Registrar is obliged to refuse registration by virtue of s.322(2) of NLC which
prohibits registration on the Register Document of Title as long as caveat is in force.

Pengarah Tanah dan Galian, Wilayah Persekutuan v Sri Lempah Enterprise

 It was held that it is important to note that it is the appeal which must be filed in the
High Court within three months of a decision and not whether service of the
originating motion is effected within the said three months.

Ong Chat Pang v Valiappa Chettiar

 It was held that under s.418(2), the court may on any appeal make such order ‘as it
considers just’. The power of the court in this respect includes the power to order a
rectification of the register.

Ismail bin Mohamad v Haji Yahya (CONTRAST TO Ong Chat Pang’s case)
 Plaintiff requested the court to set aside the indefeasibility of land title based on the
mistake on the part of an officer in registering the transfers. The request was more
on seeking a declaration under S.418. Thus, court rejected Plaintiff’s claim on the
ground that the Registered Document of Title shall be conclusive evidence. The
correction of an error under S.417 can never be a violation of the indefeasibility
principle, Plaintiff only entitle for damages for breach of contract.
 It was held that s.418(2) cannot be read so as to empower the court to order a
rectification of the register in circumstances which do not fall within the ambit of
section 340(2).
UMBC Bhd. & Anor v Pemungut Hasil Tanah, Kota Tinggi
 It was held that section 418(2) of the NLC cannot be taken to mean that in every
appeal the court has jurisdiction to grant equitable relief in respect of the matter
appealed against. It needs to examine the relevant substantive law to determine
whether or not in admits of the equitable jurisdiction sought for.