Cassation principles Administrative Law
Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 1,339 available principles
Search this collectionالهيئة العامة للتعليم التطبيقي والتدريب
Principle 761Disbursement of cash support to owners of fishing vessels and boats, fish traps, fish farms, and fish feed. Its condition: no violation report concerning the fishing license having been drawn up pursuant to the provisionAdministrative Law · Source page 220- Principle 763The court of merits has the authority to ascertain and understand the facts of the case, assess the evidence, documents and grounds of defence, and adopt those it finds convincing. It suffices that it bases its judgment Administrative Law · Source page 220
الهيئة العامة للشباب والرياضة
Principle 765The Public Authority for the Assessment of Compensation for Losses from the Iraqi Aggression. Its competence to inventory the damage resulting therefrom, assess the losses suffered by injured persons as a result of the aAdministrative Law · Source page 221هيئات تدريس
Principle 766Competence must be exercised by its holder. Where an impediment or excuse arises rendering him unable to exercise it. This competence must be entrusted to whoever substitutes for the original holder in exercising it becaAdministrative Law · Source page 221هيئات رياضية
Principle 767A faculty member appointed at the university after the end of the first semester and during the first month of the second semester. The University Director is competent to determine the duration of the summer leave grantAdministrative Law · Source page 222المؤسسة العامة للتأمينات الاجتماعية
Principle 769Associations and bodies possessing legal personality. Their right to bring annulment actions challenging administrative decisions affecting their objectives and the collective interests on which they are founded. - 223 -Administrative Law · Source page 223- Principle 770Pension schemes or the more favorable benefit: the employer is obliged to pay their value, pursuant to Article 54 of Law 38 of 1964, to the Social Insurance Institution within thirty days of the end of the insured personAdministrative Law · Source page 227
- Principle 771Salary, for insured persons in the private and oil sectors, is the wage pursuant to the provisions of the Private Sector Labour Law. - The retirement pension prescribed for Kuwaiti workers in the private and oil sectors Administrative Law · Source page 227
- Principle 772Kuwaitis working for an employer. They must be insured with the Public Institution for Social Security by the employer or by themselves, and the Institution is obliged to fulfill its obligations toward them even if the eAdministrative Law · Source page 227
- Principle 773Determination of an application submitted to the Social Insurance Institution for any right prescribed under the Social Insurance Law, or of a grievance against the decision it issues on the application. - 227 - AdministAdministrative Law · Source page 227
- Principle 774Registration pursuant to the provisions of Parts Three and Five of the Social Insurance Law is undertaken by the Public Institution for Social Security in accordance with the provisions and conditions of that Law. The InAdministrative Law · Source page 228
- Principle 776The person concerned must claim in writing from the Public Institution for Social Security any of the entitlements prescribed in the Social Security Law within five years from the date those entitlements become payable, Administrative Law · Source page 228
- Principle 777Registration pursuant to the provisions of Parts Three and Five of the Social Insurance Law is undertaken by the Public Institution for Social Security. Its adherence therein to the provisions of this Law. The reason theAdministrative Law · Source page 229
مؤسسة الخطوط الجوية الكويتية
Principle 778Bringing an action claiming any of the rights prescribed under Law 61 of 1976 concerning Social Insurance. Its condition. Claiming them from the Institution in writing within five years from the date on which they becomeAdministrative Law · Source page 229- Principle 779Kuwait Airways Corporation. A public corporation constituting a public-law person. This is not detracted from by its retention of its commercial method and its not being bound in that respect by the rules of government dAdministrative Law · Source page 230
- Principle 780The Board of Directors of Kuwait Airways Corporation may issue decisions, internal regulations, and decisions concerning the Corporation's financial, administrative, and technical affairs without being bound by governmenAdministrative Law · Source page 230
- Principle 781Permissibility of lodging a grievance against any disciplinary decision imposed on employees of Kuwait Airways Corporation, including decisions issued by the Disciplinary Board. The basis thereof: the provision is expresAdministrative Law · Source page 230
- Principle 782The organisation of public institutions and local administration bodies in a manner ensuring their independence under the State's direction and supervision. Article 133 of the Constitution. - Kuwait Airways Corporation. Administrative Law · Source page 230
مؤسسة البترول الكويتية
Principle 783Sentencing an employee of Kuwait Airways to a penalty for a felony or a misdemeanor involving dishonor or dishonesty forfeits his right to remain in public office. His service must be terminated. Reason: loss of confidenAdministrative Law · Source page 231سوق الكويت للأوراق المالية
Principle 784The Board of Directors of the Kuwait Petroleum Corporation, chaired by the Minister of Oil, to which the State’s shares in the capital of the Kuwait Oil Tanker Company devolved. It has the powers of that company’s ordinaAdministrative Law · Source page 231إعفاء المؤسسات العامة من الرسوم القضائية
Principle 785The Kuwait Stock Exchange. It enjoys independent legal personality and has capacity to dispose of its funds. - The Kuwait Stock Exchange. Its powers and objectives. - Government supervision of the Exchange. Its manifestaAdministrative Law · Source page 232توقيع صحف دعاويها من أحد أعضاء إدارة الفتوى والتشريع
Principle 786The Government, its departments and public institutions must be exempted from all fees for actions they bring, whether brought by them originally or as a challenge to a judgment issued against the Government. An example.Administrative Law · Source page 232- Principle 787The petition for an appeal in cassation brought by a public institution. It must be signed by a member of the Department of Legal Advice and Legislation. Contravention thereof. Its effect. Nullity of the appeal. An exampAdministrative Law · Source page 232
- Principle 788The petition for cassation filed by a public institution. It must be signed by a member of the Department of Legal Advice and Legislation. This concerns public policy. Violation thereof. Its effect. Invalidity of the appAdministrative Law · Source page 233
إدارة الفتوى والتشريع
Principle 789The petition for an appeal in cassation brought by a public institution. It must be signed by a member of the Department of Legal Opinions and Legislation. This pertains to public policy. Contravention thereof. Its effecAdministrative Law · Source page 233- Principle 790A petition for cassation or a notice of appeal lodged by the government or a public institution in an administrative action must be signed by a member of the Department of Legal Advice and Legislation. Omission thereof. Administrative Law · Source page 237
- Principle 792The rules and procedures applicable to appeals before the Court of Appeal apply to appeals in cassation insofar as they do not conflict with the provisions and procedures governing appeals in cassation. - A lawyer must sAdministrative Law · Source page 237
- Principle 793The Department of Legal Advice and Legislation is the authority entrusted with examining grievances against administrative decisions, expressing its opinion thereon, and monitoring the progress of the administrative actiAdministrative Law · Source page 237
- Principle 794The Department of Legal Advice and Legislation undertakes the defense of the Public Treasury. The Circuit of the Court of First Instance for hearing administrative disputes. Its judgments are appealable whenever the dispAdministrative Law · Source page 238
- Principle 795Service of the appeal petition on governmental authorities and public institutions shall take place at the headquarters of the Department of Legal Advice and Legislation. - Procedures for submitting a grievance against aAdministrative Law · Source page 238
إدارة التحقيقات
Principle 796The petition for an appeal in cassation brought by a public institution. It must be signed by a member of the Department of Legal Opinions and Legislation. This pertains to public policy. Contravention thereof. Its effecAdministrative Law · Source page 238إدارة الكتاب
Principle 798The legislature’s provision of special regulations for members of the General Department of Investigations concerning their promotion. Its making seniority the basis for promotion from the post of (Investigator C) to (PuAdministrative Law · Source page 238بلدية الكويت
Principle 799The statement of appeal produces its effects from the date of its filing with the Registry, as is the case with a statement of claim containing its legally prescribed particulars in accordance with Article 14 of Law 2 ofAdministrative Law · Source page 239- Principle 800The certificate issued by the municipality to the building owner for submission to obtain an electricity connection. Its prerequisite. The building’s conformity with the specifications of the permit for its construction.Administrative Law · Source page 239
- Principle 802The Department of Legal Advice and Legislation undertakes the defence of the Public Treasury. The Circuit for Hearing Administrative Disputes at the Court of First Instance. Its judgments are appealable whenever the dispAdministrative Law · Source page 239
- Principle 803The term of an advertising licence granted by the Municipality is one year, renewable. The Municipality may, in cases of necessity or in consideration of the requirements of the public interest, revoke the licence or shoAdministrative Law · Source page 240
- Principle 804The defect of abuse of power concerns the substance of the administrative decision, not its outward form. Its meaning includes the administration's violation of the spirit of the legislation and the purpose sought by theAdministrative Law · Source page 240
- Principle 805Sale of undivided shares in vacant and unsubdivided land. Its condition. Prior permission from the Municipality.Administrative Law · Source page 240
- Principle 806The Municipal Council. Matters within its competence. - The Municipality’s right to defer granting permits for areas under planning study. Restricted to a period not exceeding two years.Administrative Law · Source page 240
- Principle 807A request to appoint an expert. A legal faculty. The court's disregard of it. No defect, so long as it has formed its conviction from sufficient case papers to decide the case on reasonable grounds. An example concerningAdministrative Law · Source page 240
- Principle 808Withdrawal of the decision terminating the respondent's service and treating it as though it had never existed. Its implication: treating the employment relationship as continuing with all its effects except the employeeAdministrative Law · Source page 241
- Principle 809Preparing general master plans and area plans and creating and regulating residential, commercial and industrial areas. Within the competence of the Municipal Council. Permissibility of deferring determination of licenceAdministrative Law · Source page 241
- Principle 810Prohibition on constructing buildings and undertaking works, or extending, raising, reinforcing, demolishing or altering them, or changing the features of any property by excavation, filling or levelling, except after obAdministrative Law · Source page 241
بوجه عام
Principle 811The relationship of a public employee with the administrative authority is a regulatory relationship governed by laws and regulations, and the employee enjoys the rights and privileges arising from this regulatory statusAdministrative Law · Source page 241جمعيات تعاونية
Principle 813The administration's refusal to take a decision required by a law or regulation. Is deemed an administrative decision. Its silence as to taking a decision that the law leaves entirely to its discretion. Is not deemed a nAdministrative Law · Source page 245- Principle 814A request to terminate contracts concluded by cooperative societies pursuant to the law falls outside the scope of the rights conferred by law on the Ministry of Social Affairs and Labour, stipulated in Article 27 of DecAdministrative Law · Source page 245
جمعيات عمومية
Principle 815The administrative decision. Its definition. Its effectiveness. The administration is not obliged to give reasons for its decision unless the law requires it to do so. The consequence: giving reasons becomes a formal proAdministrative Law · Source page 245- Principle 816Decree No. 1 of 1959 concerning the Commercial Register system specifies the particulars to be recorded upon registration of commercial companies. The condition thereof: registration or amendment of its particulars may oAdministrative Law · Source page 245
لجنة شئون الموظفين
Principle 818Rating an employee's performance as excellent or poor. Its condition. The report of the employee's immediate superior must include the manifestations of excellence or signs of poor performance, and the opinion of the nexAdministrative Law · Source page 249- Principle 819Assessment of employee efficiency, except for holders of senior positions. Its method: by a report submitted by his superior to the next person in responsibility to express his opinion, then presented to the Personnel AfAdministrative Law · Source page