Section 44
Section 44
A Judge may make an order requiring any specific act to be done or forborne, by any person holding a public office, whether of a permanent or a temporary nature, or by any corporation or any court subordinate to the High Court:
Provided that—
(a)
an application for such an order be made by some person whose property, franchise, or personal right would be injured by the forbearing or doing, as the case may be, of the said specific act;
Specific Relief 33
(b)
such doing or forbearing is, under any law for the time being in force, clearly incumbent on the person or court in his or its public character, or on the corporation in its corporate character;
(c)
in the opinion of the Judge the doing or forbearing is consonant to right and justice;
(d)
the applicant has no other specific and adequate legal remedy; and
(e)
the remedy given by the order applied for will be complete.
(2)
Nothing in this section shall be deemed to authorize a Judge—
(a)
to make any order binding on the Yang di-Pertuan Agong;
(b)
to make any order on any servant of any Government in
Malaysia, as such, merely to enforce the satisfaction of a claim upon that Government; or
(c)
to make any order which is otherwise expressly excluded by any law for the time being in force.