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 1397Challenging administrative decisions for annulment. Its time limit is 60 days. Interruption of the time limit by an administrative grievance lodged before bringing the annulment action and expiry of the time limit for deAdministrative Law · Source page 402- Principle 1398A decision implementing an administrative contract. A dispute concerning it does not fall within annulment jurisdiction but within full jurisdiction. - Contracts concluded between the administration and non-Kuwaiti emploAdministrative Law · Source page 403
- Principle 1399The Administrative Circuit of the Court of First Instance: its jurisdiction over applications for annulment. On condition that their subject is an administrative decision.Administrative Law · Source page 403
- Principle 1400The time limit for bringing an action to annul an administrative decision. Sixty days. Interruption of this time limit by an administrative grievance to the authority issuing the decision or its superior authority. The tAdministrative Law · Source page 403
- Principle 1401The administrative decision. Its nature. The implementing decision. Its non-subjection to annulment jurisdiction. The reason therefor.Administrative Law · Source page 403
- Principle 1402Applications for annulment of administrative decisions are admissible only after lodging a grievance against them with the authority that issued them or its superior authority and awaiting the prescribed periods for deciAdministrative Law · Source page 403
- Principle 1403Exclusive jurisdiction of the Administrative Circuit of the Court of First Instance to adjudicate actions for compensation for damage arising from defective administrative decisions, even if brought before it as originalAdministrative Law · Source page 404
- Principle 1404The time limit for challenging administrative decisions by annulment is 60 days. Its interruption. By an administrative grievance before bringing the annulment action and the expiry of the prescribed period for deciding Administrative Law · Source page 404
- Principle 1405An action for annulment of an administrative decision. An objective action directed at the administrative decision under challenge. Example concerning promotion by selection.Administrative Law · Source page 404
- Principle 1409A request to deem a resignation as never having occurred or to declare it invalid. In reality, it is no more than a request for a judgment annulling the decision accepting it. Its subjection to the time limits and procedAdministrative Law · Source page 404
- Principle 1410The requirement that the defendant or respondent have standing in actions for annulment of administrative decisions. Its relation to public policy. Its effect. The court may examine it and rule upon it of its own motion Administrative Law · Source page 405
- Principle 1412An action for annulment of an administrative decision. An action in rem challenging the unlawful decision itself. What does not preclude continuing to hear it. Example.Administrative Law · Source page 405
- Principle 1414The condition of a direct personal interest necessary for the admissibility of an annulment action. Its nature. Example. Investigating that interest. A matter of fact. - 405 - AdministrativeAdministrative Law · Source page 405
- Principle 1415Administrative decision. Its nature. Example. - Time limit for challenging administrative decisions by way of annulment. Sixty days from the date of publication of the decision, notification thereof to the person concernAdministrative Law · Source page 406
- Principle 1416The legislature fixed the time limit for bringing an action to annul administrative decisions at sixty days. Its running is interrupted by an administrative grievance. Expiry of that period without a response. Its importAdministrative Law · Source page 406
- Principle 1417The Department of Legal Advice and Legislation is the authority entrusted with examining a grievance against an administrative decision, expressing an opinion on it, and following the progress of administrative proceedinAdministrative Law · Source page 406
- Principle 1419The time limit for challenging administrative decisions. 60 days. This time limit is interrupted by the administrative grievance that must be lodged before bringing an annulment action and by awaiting expiry of the perioAdministrative Law · Source page 406
- Principle 1423The effectiveness of an administrative decision. Its condition. Fulfilment of its constituent requirements and elements. - The time limit for challenging an administrative decision by seeking annulment. Its nature. InterAdministrative Law · Source page 407
- Principle 1424Bringing an action for annulment of administrative decisions. Its time limit. Interruption of the running of this time limit by the administrative grievance that must be lodged before bringing it. The competent authorityAdministrative Law · Source page 408
- Principle 1432The dispute in an annulment action is an objective dispute whose basis is challenging the administrative decision itself with a view to reviewing its legality. Implication thereof. The administrative decision is an essenAdministrative Law · Source page 409
- Principle 1435The administrative authority's expression of its will. Its manner. Either through decisions issued pursuant to a discretionary power conferred by law or pursuant to a bound power in which it has no freedom of discretion;Administrative Law · Source page 410
- Principle 1437An interest is a necessary condition for the admissibility of an action. The existence of a direct personal interest of the person bringing an annulment action is sufficient. The reason therefor: the proceedings are objeAdministrative Law · Source page 411
- Principle 1438A challenge seeking annulment of general regulatory decisions does not raise a constitutional question so long as the basis of the challenge concerns one of the defects of illegality affecting an administrative decision.Administrative Law · Source page 411
- Principle 1440The condition of a personal and direct interest required for the admissibility of an annulment action. Its scope. Transfer of neutralized shares on the Kuwait Stock Exchange to another company that became their owner. ThAdministrative Law · Source page 412
- Principle 1443An action for annulment of administrative decisions. Its time limit. Sixty days. This time limit is interrupted by an administrative grievance to the authority issuing the decision or its principal authorities. Expiry ofAdministrative Law · Source page 413
- دعوى عدم الصلاحية
Principle 1449Annulment jurisdiction is fundamentally a jurisdiction of legality. - Review by the administrative judiciary when exercising its jurisdiction in annulment actions and reviewing the legality of the contested decision. It Administrative Law · Source page 415- الدعوى الدستورية
Principle 1450A judge is disqualified from hearing an action, even if none of the litigants seeks his recusal, if he is related by blood or marriage to any of them. The rationale: the existence of a close relationship between them reqAdministrative Law · Source page 415- دعوى التسوية
Principle 1454An action for adjustment of status. One of the actions for entitlement, based on considering the source from which the employee derives his right; it is regarded as such if that source is a general regulatory rule. The iAdministrative Law · Source page 417تقدير قيمة الدعوى
Principle 1455An adjustment action in which an employee claims his entitlement derived directly from the law. The claim therein is not subject to the time limits for an annulment action. The Administrative Division’s jurisdiction to hAdministrative Law · Source page 417- وقف الدعوى تعليقياً
Principle 1457The court of first instance's omission to determine a substantive claim. It may not be challenged by appeal. The reason. An appeal is admissible only in respect of claims determined expressly or implicitly by the appealeAdministrative Law · Source page 418- Principle 1458Granting or refusing a request to stay proceedings pending determination of a preliminary issue. When the court orders it. - Commencement of the period for extinction of proceedings during a stay pending determination ofAdministrative Law · Source page 418
- Principle 1459The employee's duty to preserve the dignity of office and to conduct himself in a manner consistent with the respect due. - Disciplinary violations leave the competent authority broad scope to impose an administrative saAdministrative Law · Source page 418
- مصاريف ورسوم الدعوى
Principle 1460Cassation of the challenged judgment. Necessarily entails removing and extinguishing its binding authority and the lapse of the rights it determined or established that were the subject of its adjudication. The appellantAdministrative Law · Source page 419- Principle 1461Assessment of fees varies according to whether the claims in the action are of ascertainable or unascertainable value; a proportional fee is imposed on the first type and a fixed fee on the second. A request to appoint aAdministrative Law · Source page 419
- الأحكام الجائز والغير جائز الطعن فيها
Principle 1462The losing party's obligation to bear the costs of the action, including court fees. The court awards them of its own motion. The consequence: where a judgment has been issued in the action and the party liable for its cAdministrative Law · Source page 419- Principle 1463Acceptance of a judgment precluding an appeal pursuant to Article 127/1 of the Law of Procedure. Its condition: such acceptance must conclusively indicate the judgment debtor's acquiescence in the judgment. Implicit acceAdministrative Law · Source page 423
- الاستخلاص السائغ
Principle 1465An appeal in cassation lies only against judgments issued by the Court of Appeal in accordance with the circumstances prescribed in Article 152/1 of the Law of Procedure, and judgments not subject to ordinary appeal, whaAdministrative Law · Source page 423- Principle 1466Kuwaiti nationality. An entitlement of everyone born to a Kuwaiti father whenever that is conclusively established. Even if the truth thereof is not discovered until after that date. The challenged judgment's adherence tAdministrative Law · Source page 424
- Principle 1467No disciplinary sanction may be imposed on an offending university student until he has been investigated. Articles 15/2, 16/2, 17/1 of the University System Regulations at Kuwait University. - Validity of an administratAdministrative Law · Source page 424
- Principle 1468The judgment basing its ruling on grounds that contravene neither the law nor what is established in the papers. The challenge to it in this respect. Unfounded. Example.Administrative Law · Source page 424
- Principle 1470A disciplinary decision must rest on a basis justifying it. The administrative authority may not intervene to impose a sanction unless a factual or legal situation exists warranting its intervention. The administrative jAdministrative Law · Source page 425
- Principle 1471The judge of merits has the authority to give the decision its correct characterization and determine the extent to which it satisfies the constituent elements of an administrative decision, provided that the judgment isAdministrative Law · Source page 425
- ضوابط عامة في التسبيب
Principle 1473A judgment resting on two grounds, each independent of the other, one of which is sufficient in itself to sustain the judgment’s ruling. Challenging it in respect of the other ground. Ineffectual.Administrative Law · Source page 425- عيوب التسبيب
Principle 1474The Court of Appeal supplying new grounds for its ruling upholding the first-instance judgment, sufficient to support it. Its adoption of the grounds of the first-instance judgment. Its import: it did not adopt them insoAdministrative Law · Source page 425- Principle 1476The court of merits has authority to ascertain and understand the facts of the case, assess the evidence and documents submitted to it, and infer the presumptions on which it relies in forming its conviction. Condition tAdministrative Law · Source page 426
- Principle 1477Employment contract: an administrative contract pursuant to which the employee, under the supervision of the administrative authority, undertakes the responsibilities and burdens of his position in return for obtaining aAdministrative Law · Source page 426
- Principle 1478Bringing an action before pursuing the grievance procedure and remedying that by submitting the grievance within the sixty days following issuance of the decision, and expiry of the period for deciding it during the procAdministrative Law · Source page 426
- حجية الأحكام
Principle 1479The administrative authority's refusal to take a decision required by a law or regulation. It is treated as an administrative decision that the persons concerned may challenge by way of annulment before the AdministrativAdministrative Law · Source page 427- Principle 1481The binding authority of judgments. Its restriction to the parties to the litigation in which they are rendered. It does not extend to outsiders. The reason: application of the rule of the relative effect of judgments. EAdministrative Law · Source page
- Principle 1483The court of merits has authority to ascertain and understand the facts of the case, assess the evidence, documents, and defences, and adopt those it finds convincing. It suffices that it base its ruling on reasonable grAdministrative Law · Source page