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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Principle 1014The authority of the court of merits to ascertain and understand the facts of the case. Its condition. It must have support in the case documents. Example of an unreasonable inference. - The judgment’s inference, from thAdministrative Law · Source page 303- Principle 1015Recovery of study expenses and travel expenses from the scholarship recipient and the recipient's guardian. Its prerequisite. Submission of an undertaking signed by the scholarship member's guardian to repay all expensesAdministrative Law · Source page 303
- Principle 1016Recovery of educational expenses and travel costs upon cancellation of the scholarship. Its prerequisite.Administrative Law · Source page 303
- Principle 1017Recovery of tuition expenses and travel expenses upon cancellation of the scholarship. Its prerequisite. Article 21, Council of Ministers Resolution No. 31/66.Administrative Law · Source page 303
- Principle 1018Demanding that a scholarship recipient repay what was spent on him during the scholarship. Its prerequisite. Cancellation of the scholarship or failure to serve the State for the prescribed period. - Determining the amouAdministrative Law · Source page 303
- Principle 1019Amounts paid by the Government to the employee without entitlement. The right to recover them is time-barred upon the expiry of five years from the date of disbursement. Payment of these amounts with entitlement. Its effAdministrative Law · Source page 303
- Principle 1021Decisions of councils and committees. The general rule is that they are issued at a meeting after discussion and scrutiny in a session at which the legal quorum is present. Their approval may be obtained by circulation tAdministrative Law · Source page 304
- Principle 1023The purpose of a scholarship or study leave pursuant to Article Two of the Scholarship Regulations. Its nature. - Sending an employee on a study scholarship. Subject to the discretionary power of the respondent AuthorityAdministrative Law · Source page 304
- ضم مدة خدمة سابقة
Principle 1024Permissibility of appointing a candidate selected for a study scholarship who has not obtained admission to postgraduate studies as an academic assistant for one year. Selection for a study scholarship while having admisAdministrative Law · Source page 304- مرض الموظف العام
Principle 1025The addition of a period of service preceding acquisition of Kuwaiti nationality may be made only to periods of contribution to the insurance under Part Three of the Social Insurance Law or to periods subject to the provAdministrative Law · Source page 305- التعويض عن إصابة العمل
Principle 1026The administrative decision: It is an act by which the administrative authority expresses its binding will, by virtue of its authority under laws, decisions and regulations, with the intention of producing a specific legAdministrative Law · Source page 305- Principle 1027Combining two compensations for a single injury is impermissible. - The Tripartite Committee for Examining Compensation for Work Injuries to State Employees. The amount it assesses. Its condition. - The appellant's complAdministrative Law · Source page 306
- Principle 1028The Civil Service Law contains no obligation upon the administrative authority to compensate an employee for a work injury. Formation of a tripartite committee to examine applications for compensation for work injuries tAdministrative Law · Source page 306
- Principle 1029The Civil Service Law did not require the State to compensate civilian State employees for occupational injuries sustained during or because of work without fault on its part. - Compensation determined by the tripartite Administrative Law · Source page 306
- تقادم الحقوق المالية للموظف
Principle 1031Financial entitlements prescribed for a public employee. They become time-barred one year from the date of his knowledge or five years from the date of entitlement, whichever period expires sooner. Contravention thereof.Administrative Law · Source page 307- Principle 1032The employee's right to claim his financial entitlements. Becomes time-barred upon the lapse of one year from the date of his knowledge of these entitlements or five years from the date of entitlement, whichever period eAdministrative Law · Source page 307
- Principle 1034The employee's right to claim his financial entitlements prescribed for him by the Government. It is time-barred upon the expiry of one year from the date of his knowledge of these entitlements or five years from the datAdministrative Law · Source page 308
- Principle 1036The one-year limitation period. Its condition: the employee must have certain knowledge of the right claimed, encompassing the basis of the right, its amount and all its elements in a manifest and clear manner.Administrative Law · Source page 308
- تقادم حقوق الحكومة التي دفعتها للموظف بغير حق
Principle 1038Limitation of the Government’s right to recover amounts paid to an employee without entitlement. Its period. Five years from the date of disbursement. This limitation is confined to amounts paid without entitlement. It dAdministrative Law · Source page 308- Principle 1039Provisions of law prescribing special limitation periods for certain rights. They must be construed narrowly so that they apply only to the very cases they encompass. - The five-year limitation period stipulated in ArticAdministrative Law · Source page 309
- Principle 1041The government’s right to recover what it paid to an employee without entitlement. Its limitation period. Five years from the date of disbursement unless the employee committed fraud or deceit. Deceit in this regard. ItsAdministrative Law · Source page 309
- Principle 1042An employee's right to claim the financial entitlements prescribed for him. Becomes time-barred upon the expiry of one year from the date of his knowledge of these entitlements or five years from the date of entitlement,Administrative Law · Source page 309
- Principle 1043Amounts paid by the government to an employee without entitlement. The right to recover them is time-barred upon the lapse of five years from the date of payment. Payment of these amounts with entitlement. Its effect. ThAdministrative Law · Source page 309
- Principle 1044The three cases in which deduction or attachment of an employee's salary or any sums payable to the government by the employee is permissible. Their nature: court-awarded maintenance, payment of what may be due - 309 - AAdministrative Law · Source page 309
- تقدير كفاءته
Principle 1045The court of merits has the power to ascertain and understand the facts of the case, assess the evidence therein, and infer the establishment or absence of fraud vitiating acts and transactions. The condition thereof. - Administrative Law · Source page 310- Principle 1046Rating an employee’s competence as excellent or weak. Its condition. His immediate superior’s report must include the manifestations of excellence and signs of weakness, and the opinion of the next person in responsibiliAdministrative Law · Source page 310
- Principle 1047What is meant by the unit of time by which an employee's efficiency is measured when preparing his efficiency report. It is the calendar year beginning in January and ending upon the expiry of December.Administrative Law · Source page 310
- Principle 1050The absence of work for an employee because he is taking authorised leave. Its effect. His performance during the leave period is assessed by carrying forward the last report he received before the leave. This is not altAdministrative Law · Source page 311
- Principle 1051Employees’ performance appraisals. Not subject to judicial review. Reason. They concern the core competence of the administration, in which the judiciary may not substitute itself for it. Condition. That they follow the Administrative Law · Source page 311
- Principle 1052The public employee. His efficiency is evaluated at least once a year, and the report submitted concerning him is presented to the Personnel Affairs Committee for approval. An employee concerning whom a report rating himAdministrative Law · Source page 311
- Principle 1053Verification of the validity of the reasons on which the employee’s performance appraisal was based. A question of fact for the court of merits. Its condition. The judgment’s basing its ruling annulling the respondent’s Administrative Law · Source page 312
- معاش
Principle 1058Granting a pension to the deceased’s heirs. It has no effect on the assessment of compensation due as a result of the accident. Rationale thereof: The pension is an obligation owed by the entity entrusted with paying it Administrative Law · Source page 313- Principle 1059Inadmissibility of an application to amend the entitlements established under the Social Insurance Law after the expiry of two years from the date of assessment or disbursement, save for the exceptions made. Article 108.Administrative Law · Source page 313
- Principle 1060The old-age, disability, sickness and death insurance scheme. Its replacement of the end-of-service gratuity scheme for Kuwaiti workers mentioned in Article 20 of the promulgating provisions of Law 61/1976. - The employeAdministrative Law · Source page 313
- Principle 1062Admissibility of an appeal. Its condition. That the person bringing it have an interest therein. A purely theoretical interest. Insufficient. An example concerning a request for a retirement pension from the Social InsurAdministrative Law · Source page 314
- Principle 1066The administrative authority may refer an employee to retirement whenever he would be entitled to a retirement pension if his service ended by resignation at the time of that referral. The condition for that: the motive Administrative Law · Source page 315
- Principle 1068The legislature's provision in Law 70 of 1980 concerning military personnel of certain financial and insurance benefits and rights for non-Kuwaiti military personnel benefiting from Law No. 3 of 1976, including the allowAdministrative Law · Source page 315
- مكافأة نهاية الخدمة
Principle 1070Inadmissibility of a request to amend rights prescribed under the Social Insurance Law after the expiry of two years from the date of assessment or disbursement, except for what is exempted. Art. 108. - The exception doeAdministrative Law · Source page 316- Principle 1071The wording of the legal provision applicable to the facts of the case. The judge must adhere to it if its meaning is clear. He may not adopt anything contrary to it or restricting it. Reason therefor. So as not to introAdministrative Law · Source page 316
- إعانة مالية
Principle 1073Decisions issued by the National Committee for Prisoners of War and Missing Persons concerning the disbursement of financial assistance to their families. Administrative decisions of a social nature issued by the governmAdministrative Law · Source page 317قرض
Principle 1076The debts that Law 41 of 1993 authorised the Central Bank of Kuwait to purchase. Their nature: Those that led to disruption of financial conditions in the State’s banking system. What does not fall within those debts. - Administrative Law · Source page 318- Principle 1077Married Kuwaiti physicians have the option of obtaining furnished government housing supplied with electricity and water or receiving a housing allowance. Prohibition on granting the allowance to certain categories, inclAdministrative Law · Source page 318
- بدلات
Principle 1078Housing welfare provided by the State. It is not an absolute right of the citizen. Rather, it is a right restricted by conditions and rules that must be satisfied. - Granting loans to eligible persons to build or purchasAdministrative Law · Source page 318- Principle 1080The decision suspending payment of the representation allowance prescribed for Kuwaiti employees holding one of the grades in the group of positions from Grade Four to Grade (A). It applies to employees appointed after iAdministrative Law · Source page 319
- Principle 1082The decision of the Public Authority for Applied Education and Training omitting to specify the appellant’s position among the positions whose holders are entitled to the allowance prescribed by the Civil Service CouncilAdministrative Law · Source page 319
- Principle 1083Nature-of-work allowance. Its nature. A benefit granted to a particular category of State employees because of the obligations required by - 319 - Administrative the burdens of their posts, which do not exist in respect Administrative Law · Source page 319
- Principle 1085Entitlement to the allowance stipulated in Article One of Minister of Finance Decision No. 34/1966 is conditional upon the nature of the employee's work, whether appointed to a permanent budgeted post or under the secondAdministrative Law · Source page 320
- Principle 1088Married Kuwaiti physicians have the choice between obtaining furnished government housing supplied with electricity and water and obtaining a housing allowance. The granting of the allowance is prohibited for certain catAdministrative Law · Source page 321
- Principle 1091The 1-year limitation prescribed in Article 21 of Decree-Law 15 of 1979 concerning the Civil Service. Its condition: the employee must have certain knowledge of the right claimed, encompassing the basis of the right, itsAdministrative Law · Source page
- Principle 1094Payment of the social allowance contrary to the provisions of the law does not create an entitlement to it.Administrative Law · Source page