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HIGH COURT MALAYA SHAH ALAM
KUWAIT FINANCE HOUSE (MALAYSIA) BERHAD – Appellant
Versus
JRI RESOURCES SDN BHD & ORS – Respondent
| Table of Content |
|---|
| 1. application by the 1st defendant under federal constitution concerning shariah compliance. (Para 1 , 3 , 5) |
| 2. constitutional application challenging sections of the central bank act. (Para 2) |
| 3. background on plaintiff's islamic facilities and defendants' obligations. (Para 4 , 6) |
| 4. constitutionality of the sections under dispute and the role of the sac. (Para 7 , 9 , 10) |
| 5. defendant's challenges based on constitutionality of cba provisions. (Para 8) |
| 6. findings reaffirming sections 56 and 57's validity and their implications. (Para 11) |
[1] This is an application by the 1st Defendant pursuant to art 128(2) of the Federal Constitution and s 84 of the Courts of Judicature Act , 1964 for:
[a] An Order that the High Court state as a special case questions which have arisen as to the effect of the Federal Constitution on matters in dispute in this civil suit;
[b] An Order that this Court transmits the special case to the Federal Court for determination;
[c] An Order that pending the determination of the special case by the Federal Court all proceedings in the High Court be stayed;
[2] The grounds for the application are as follows:
[a] The questions referred in respect of
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