Kuwait Court of Cassation principle number 18

Clarity of the wording of the provision. Its effect. It is impermissible to adopt what contradicts it or to restrict it. The reason therefor. Not introducing a rule different from the legislature’s intent. - 11 - Administrative - The three cases in which deduction or attachment of an employee’s salary or any amounts payable to the Government by the employee is permitted. What they are: court-ordered maintenance, payment of what is owed by him to the Government by reason of the performance of his duties, or recovery of what was paid to him without entitlement. The Government has the right of deduction in the first and second cases without an enforceable instrument. - The phrase “recovery of what was paid to him without entitlement” appearing in a general, unrestricted form without qualification. Its effect. It may not be restricted. The consequence thereof: deduction may be made directly from the employee’s salary even if unrelated to his employment. The judgment’s departure therefrom on the ground that the amounts were paid to the employee in his capacity as a student. An error in applying the law requiring its cassation.