المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Administrative Law

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 1,339 available principles

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  1. القرار الإداري في شأن نزع الملكية والتخصيص والانتفاع

    Principle 555Acts emanating from public authorities and administrative decisions resulting in depriving the lessee of enjoyment of the leased property or impairing its enjoyment. Constitute force majeure. The lessor bears their conseAdministrative Law · Source page 145
  2. Principle 556Expropriation for public benefit. An in rem procedure. Its effect. Removal of the property from the sphere of dealings upon issuance of the expropriation decision and notification of its issuance to the real estate regisAdministrative Law · Source page 145

  3. القرار الإداري الصادر من الجهات ذات الاختصاص القضائي

    Principle 558Property owned by the State or any public juridical person and allocated to public benefit, in fact or pursuant to law, constitutes public property. Individuals may not use it except under a licence from the competent adAdministrative Law · Source page 146
  4. Principle 559An administrative body with judicial jurisdiction. Prefacing its decisions with the name of the Head of State. No defect.Administrative Law · Source page 146

  5. - في شأن ترقية الموظف

    Principle 560Decisions issued by administrative bodies having judicial jurisdiction. Have res judicata effect. 14- Decisions concerning the public employee:- - Regarding promotion of the employee:-Administrative Law · Source page 146
  6. Principle 561Promotion by selection. A right of the administration. Its condition. When it is vitiated and the decision taken on its basis is vitiated. - The defect of abuse of power justifying annulment of an administrative decisionAdministrative Law · Source page 146
  7. Principle 562Promotion by selection. The general rule is that it falls within the administration's discretion as to expediency. The condition for this. Its assessment must not involve abuse of power, its selection must derive from soAdministrative Law · Source page 146
  8. Principle 566Promotion by selection. The general rule is that it is a matter of expediency in which the administration has discretion. The condition for this. Its assessment must not be tainted by abuse of power, and its selection muAdministrative Law · Source page 147

  9. - في شأن إجازات الموظف

    Principle 569An employee’s efficiency report. Its objective is to measure efficiency according to the considerations observed by the administrative authority in the employee. Assessing the rating for each element of the annual reportAdministrative Law · Source page 148
  10. Principle 570The cash allowance for periodic leave at the General Department of Investigations is not paid to the person entitled to it unless work requirements necessitate that the person not take the leave and continue working afteAdministrative Law · Source page 148

  11. - في شأن ندب الموظف

    Principle 572The trial court may ascertain the true nature of the challenged decision, understand its substance, and give it its true description and proper legal characterization. Inferring fault giving rise to the administrative auAdministrative Law · Source page 149
  12. Principle 573Decisions issued seconding civil servants. They fall outside the jurisdiction of the Administrative Circuit whenever, through those decisions, the administrative authority’s will was directed towards producing the legal Administrative Law · Source page 149

  13. - في شأن الوقف الاحتياطي للموظف العام

    Principle 576Sentencing an employee of Kuwait Airways to a penalty for a felony or a misdemeanour involving dishonour or breach of trust forfeits his right to remain in public office. His service must be terminated. The reason for thAdministrative Law · Source page 151

  14. - في شأن النقل

    Principle 577Precautionary suspension of a public employee. Its nature and effect. - The legislature's establishment of a regime for precautionary suspension of public employees in the Civil Service Law and the Decree on the Civil SeAdministrative Law · Source page 151

  15. - في شأن العلاوات

    Principle 578Decisions transferring civil employees. Outside the jurisdiction of the Administrative Circuit so long as they do not embody a decision on a matter within that Circuit’s jurisdiction. The reason for that. The administratAdministrative Law · Source page 151

  16. - في شأن بدل السكن

    Principle 579Determination of the criteria and conditions on the basis of which the social allowance is granted to military personnel is regulated by Minister of Defence Decision No. 13 of 1964. Subsequent laws and decisions are confAdministrative Law · Source page 152

  17. - في شأن تقاضي الراتب

    Principle 580Approval of the Personnel Bureau is a condition for employing personnel with skills needed by the country and allocating government housing to them. This approval is not required concerning entitlement to housing or its Administrative Law · Source page 152

  18. القرار الإداري في شأن طلبات رجال القضاء

    Principle 581The existence of the applicant’s employment relationship and the absence of a decision terminating it by a person entitled to do so pursuant to law, and the appellant’s expression of readiness to perform the duties of thAdministrative Law · Source page 152

  19. القرار الإداري الضريبي

    Principle 582The jurisdiction of the Cassation Circuit entrusted with hearing administrative appeals to adjudicate applications by members of the judiciary and the Public Prosecution for annulment of final administrative decisions isAdministrative Law · Source page 152
  20. Principle 585The customs duty imposed under Decree-Law No. (2) of 2002 concerning determination of the customs duty rate for cigarettes and tobacco may not be amended except by another law, and not by an inferior instrument. Customs Administrative Law · Source page 153

  21. القرارات الإدارية الصادرة بشأن الصحف

    Principle 586The decision of the Tax Appeals Committee established pursuant to Minister of Finance Decision 16 of 1997. An administrative decision. An action seeking its annulment may be brought before the Administrative Circuit of tAdministrative Law · Source page 154

  22. القرارات الإدارية في مجال أعمال المباني

    Principle 588The Constitution guarantees means of artistic expression of ideas in accordance with the conditions and procedures prescribed by law. Recourse must be had to artistic expert opinion when the court reviews the lawfulness Administrative Law · Source page 154

  23. القرارات الصادرة من لجنة سوق الكويت للأوراق المالية

    Principle 589Municipality Decision 27/1990 amending Decision 30/1985 by increasing the building height from four metres to five. Its applicability even if the act of construction occurred before its entry into force. The judgment’s aAdministrative Law · Source page 155
  24. Principle 590The decision issued by the Kuwait Stock Exchange Committee excluding the company's shares from the quorum required for convening the general assembly and from voting on the resolutions it adopts for two electoral terms. Administrative Law · Source page 155

  25. رقابة القرار الإداري

    Principle 591The Kuwait Stock Exchange. Its enjoyment of independent legal personality and its capacity to dispose of its funds. - The Kuwait Stock Exchange. Its powers and objectives. - Government supervision of the Exchange. Its maAdministrative Law · Source page 155

  26. الرقابة القضائية للقرار الإداري

    Principle 592Freedom of movement and travel is among the personal freedoms guaranteed by the Constitution. The condition for its exercise: it must be within the limits drawn by laws and general regulatory rules, in a manner ensuring Administrative Law · Source page 156
  27. Principle 594The absence, in the decision forming the advisory committee for equivalency of foreign academic qualifications for doctors, nursing personnel and health technicians, of a specified method for carrying out its work. Its eAdministrative Law · Source page 157
  28. Principle 595Acts of sovereignty that courts are prohibited from hearing. The legislature’s failure to define or specify them. This means that the courts may determine the legal characterization of an act issued by the government to Administrative Law · Source page 157
  29. Principle 596Judicial review of the constitutionality of laws. Falls within the exclusive jurisdiction of the Constitutional Court. It extends to a ruling that a provision is unconstitutional, thereby abolishing its enforceability, oAdministrative Law · Source page 157
  30. Principle 597Assessment of employees’ efficiency. It is not subject to judicial review. The reason for this. It pertains to the administration’s proper competence, in which the judiciary may not substitute itself for the administratiAdministrative Law · Source page 157
  31. Principle 598The administrative judiciary’s activity in weighing administrative decisions. It must stop at the limit of legality or illegality within the scope of legal review, and it may examine the facts upon which the decision wasAdministrative Law · Source page 158
  32. Principle 600The right to litigation is guaranteed to all people. Implication thereof. - Administrative acts and decisions. The general rule is their subjection to judicial review and the prohibition of immunising them from such reviAdministrative Law · Source page 159
  33. Principle 601Acts of sovereignty. Their nature. - Administrative acts. Their nature and judicial review thereof.Administrative Law · Source page 159

  34. - بوجه عام

    Principle 603The sanctions stipulated in an administrative contract which the administration has the power to impose on its contracting party. Their purpose and nature. What is not required for their imposition.Administrative Law · Source page 163
  35. Principle 604Including in administrative contracts an advance agreement on the amount of compensation upon the occurrence of anticipated fault. A financial sanction in the nature of fines. Its provision is applied as soon as the breaAdministrative Law · Source page 163
  36. Principle 605Sanctions imposed by the administration on the contracting party. Their purpose. - Proof in administrative disputes. Its means and evidence appropriate to the nature of relationships under public law. Written documents. Administrative Law · Source page 163
  37. Principle 607The administrative contract. Its nature. Its subjection to a special regime. Its inclusion of unusual and exceptional conditions. The reason therefor. Safeguarding public services. - The administration's right to impose Administrative Law · Source page 163
  38. Principle 609Expiry of a time-bound administrative contract upon completion of its term does not confer on the party contracting with the administration a right to compensation for it. The reason for this. - A lease of State propertyAdministrative Law · Source page 164
  39. Principle 611Contracts concluded by the administration with individuals. When they are considered administrative contracts. An example of an administrative contract.Administrative Law · Source page 164
  40. Principle 612Including in an administrative contract the sanction of rescission upon breach of the obligations arising therefrom. Its basis. This does not deprive the judiciary of its authority to assess the appropriateness of rescisAdministrative Law · Source page 164
  41. Principle 613The administration has the power to impose penalties on its contracting party if he fails to perform his obligation. The judiciary may review the administration as to the legality thereof and the extent of their proportiAdministrative Law · Source page 164
  42. Principle 615Administrative contracts have a special nature. The effect thereof and the consequences arising therefrom. Example.Administrative Law · Source page 164
  43. Principle 616Application of the provisions of the Commercial Law to the administrative authority’s obligations arising from an administrative contract whenever it is considered commercial in relation to the other party. The basis theAdministrative Law · Source page 164
  44. Principle 617Considering a contract administrative. Its condition. One of its parties must be a public juridical person contracting in its capacity as a public authority; the contract must relate to the activity of a public service; Administrative Law · Source page 164
  45. Principle 618The administrative authority is not on an equal footing with individuals in freedom to express its will in concluding contracts, whether administrative or civil. The basis thereof. - Procedures effected by a decision of Administrative Law · Source page 165
  46. Principle 619Use of State property allocated for public benefit, including seashores. It may only be by way of a licence characterized by the elements of an administrative contract and governed by the conditions contained therein andAdministrative Law · Source page 165

  47. - ما لا يعد عقداً إدارياً

    Principle 620Clarity of the contractual wording in indicating what the contracting parties intended. Its effect. It requires no interpretation. The judge must adopt its apparent meaning without departing from it. Reason therefor. - DAdministrative Law · Source page 165
  48. Principle 621State-owned industrial plots. They are not public property. Rather, they are the State's private property. Dealings in them are subject to private law. Contracts concluded concerning them are not administrative contractsAdministrative Law · Source page 165
  49. Principle 622State-owned industrial plots. They are not considered public property but rather part of the State’s private property. Implication thereof: Contracts concluded by the State concerning them are not administrative contractAdministrative Law · Source page 166
  50. Principle 623The administrative contract. Its nature. Lease contracts concluded by the administrative authority with third parties in respect of the State's private property. They are not considered administrative contracts even if tAdministrative Law · Source page
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