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. جنسية

    Principle 1730Births in Kuwait. The competent health office must be notified thereof no later than fifteen days from the day of birth. The particulars that the notification must contain. What they are. - A father who is not of KuwaitiAdministrative Law · Source page 498
  2. Principle 1732Methods of challenging judgments. The legislature has exhaustively prescribed them according to specified time limits and particular procedures. Grounds of defect that may affect judgments may not be examined except by cAdministrative Law · Source page 499
  3. Principle 1736Acquisition of Kuwaiti nationality by a non-Kuwaiti employee appointed under one of the contracts in use. Its effect: his transfer to the Kuwaiti category and adjustment of his employment status, either by transfer at thAdministrative Law · Source page 500
  4. Principle 1740Granting a passport. Inseparably linked to Kuwaiti nationality. The administrative authority may not deprive a person of it without justification or for a serious reason required by the public interest. Where it exists. Administrative Law · Source page 501

  5. التعليم

    Principle 1745Recovery of tuition expenses and travel costs from the scholarship student and his guardian. Its criterion. Submission of an undertaking signed by the guardian of the scholarship recipient to pay those expenses. Its caseAdministrative Law · Source page 503
  6. Principle 1746Assessment of the public interest—for the revocation of nursery licences—is not left to the administrative authority; rather, it is subject in this regard to judicial review.Administrative Law · Source page 503
  7. Principle 1747The administrative authority’s right to revoke the licence to establish a nursery arises only in two cases: the first, the nursery’s continued violation of the provisions of the regulation governing private nurseries aftAdministrative Law · Source page 503
  8. Principle 1748Procedures and conditions for licensing the opening of non-governmental schools, the licence term and what is required for its renewal. Minister of Education Decision No. 46601/1967. Fulfilment of these conditions. The aAdministrative Law · Source page 504
  9. Principle 1749Ministerial Decision 13/1992 reconstituting the Committee for the Equivalency of Certificates above General Secondary Education did not specify rules or principles to guide the Committee in its evaluation of these certifAdministrative Law · Source page 504
  10. Principle 1750The Basic Regulations of the Course System at Kuwait University. The regular periods for exit. 8 regular academic semesters for all programs whose number of credit units does not exceed 131 credit units. The credit unit.Administrative Law · Source page 504
  11. Principle 1751The administrative authority may evaluate scholarly output and establish equivalence of foreign qualifications in accordance with the conditions required by law. The judiciary may review administrative decisions issued tAdministrative Law · Source page 504
  12. Principle 1752A college student's failure to obtain the required average. The college must notify him in writing of his placement on the warning list for the overall average. Reason therefor: so that he endeavours to raise the averageAdministrative Law · Source page 504
  13. Principle 1753Supreme Council for Higher Education. Its competence to set conditions for admission of new students and determine tuition fees, the manner of their payment, and conditions for exemption therefrom. - Changing registratioAdministrative Law · Source page 505

  14. التطوع بالجيش

    Principle 1759Public employee status. Its criterion. - A marriage registrar is deemed a public employee. Consequence thereof. The decision terminating his service is considered an administrative decision. Challenging it by an action fAdministrative Law · Source page 507

  15. مراقبو الحسابات

    Principle 1763Regulation of the manner of practising the auditing profession. Its subjection to State supervision so that the State may verify the conditions required by law, including obtaining a licence from the Ministry of CommerceAdministrative Law · Source page 509

  16. الصحافة

    Principle 1764The auditor. May not chair the board of directors of a joint-stock company or be its managing director, a member of its board of directors, or an employee thereof. Article 18 of Law 5 of 1981. This provision is expressedAdministrative Law · Source page 509
  17. Principle 17651- The right of litigation is guaranteed to all people. The implication thereof. Administrative acts and decisions. The rule is their subjection to judicial review and the prohibition of shielding them from such review. Administrative Law · Source page 509

  18. أندية رياضية

    Principle 17662- Competence as one of the constituent elements of an administrative decision. Its nature. It means that it is issued by whoever has authority to issue it. Determining this is the task of the legislature. The decision mAdministrative Law · Source page 510

  19. ضرائب

    Principle 1770Decisions issued by the administrative authority in tax disputes. They are administrative decisions. - The Tax Appeals Committee. An administrative committee with judicial jurisdiction to determine a dispute between the Administrative Law · Source page 512

  20. التثمين الجمركي

    Principle 1772Legislation regulating tax assessment procedures. Mandatory rules relating to public policy. The effect thereof. The court must apply them of its own motion, and their violation entails nullity. - Assessment of customs dAdministrative Law · Source page 512
  21. Principle 1773Member States of the World Trade Organization. They may defer application of the provisions of that Agreement for five years from the date it enters into force in respect of them, and that period may be extended until thAdministrative Law · Source page 513
  22. Principle 1774A grievance by the owner of goods against the valuation by the General Administration of Customs pursuant to Customs Law 13 of 1980. An optional grievance for those concerned, which does not preclude their right to bringAdministrative Law · Source page 513

  23. التخصيص

    Principle 1775Member States of the World Trade Organization. They may defer application of the provisions of that agreement for a period of five years from the date it enters into force for them. This period may be extended until the Administrative Law · Source page 513
  24. Principle 1776The meaning of family under the government housing distribution system, initially and upon amendment of the allocation. Its restriction to the husband, wife, and their children, or some of this group, provided that they Administrative Law · Source page 514
  25. Principle 1778Housing allocation. It is authorization to benefit from government housing or any other housing alternative, restricted to use without entitlement to dispose of it. The meaning of family under the housing welfare system.Administrative Law · Source page 514

  26. تراخيص

    Principle 1781Regulation of the granting of licences and ownership of commercial premises. A matter of public policy. Law 32 of 1969. Implication thereof. Prohibition on issuing a licence to a non-Kuwaiti and its cancellation in the eAdministrative Law · Source page 515
  27. Principle 1782The regulation of licences for commercial premises provided for in Law No. 32/1969, and their opening and ownership. A matter of public order.Administrative Law · Source page 515
  28. Principle 1783Restricting the issuance of licences to establish and manage private schools and scientific institutes to Kuwaitis, following the approval of the Ministry of Education and Teaching. This relates to public policy. ContravAdministrative Law · Source page 515
  29. Principle 1784The Municipality’s authority to issue building licences or refrain from doing so is restricted by the rules contained in Municipal Decision 130/85 concerning the regulation of building works, pursuant to Law 35/1972 concAdministrative Law · Source page 516
  30. Principle 1785Assessment of the public interest. For revocation of nursery licences. It is not left to the administrative authority; rather, the authority is subject to judicial oversight in that respect.Administrative Law · Source page 516
  31. Principle 1786Procedures and conditions for licensing the opening of non-governmental schools, the duration of the licence, and what renewal requires. Decision of the Minister of Education No. of 1967. Fulfilment of these conditions. Administrative Law · Source page 516
  32. Principle 1787The authority competent to issue building and construction permits. The Municipal Council. The basis thereof.Administrative Law · Source page 516
  33. Principle 1788Prohibition on connecting electricity to a building in which a violation of the licence conditions occurs. Its purpose. The public interest and the interests of individuals. Establishment that harm to these two interestsAdministrative Law · Source page 516
  34. Principle 1789The duration of an advertising licence granted by the Municipality. One year, renewable. The Municipality may, in cases of necessity or in consideration of the requirements of the public interest, cancel the licence or sAdministrative Law · Source page 516
  35. Principle 1790The matter of granting and renewing licences for fishing vessels in territorial waters, prohibiting their issuance, determining the number of vessels, and assessing whether or not a necessity exists to issue new licencesAdministrative Law · Source page 517
  36. Principle 1793Regulation of the manner of practising the auditing profession. Its subjection to State supervision so that the State may verify the conditions required by law, including obtaining a licence from the Ministry of CommerceAdministrative Law · Source page 517
  37. Principle 1794Vehicle licensing. Its condition. Vehicles must always be roadworthy, with equipment conforming to the specifications and standards applicable in the State of Kuwait, so that their operation does not conflict with the deAdministrative Law · Source page 517
  38. Principle 1796Exploitation of real estate privately owned by the State. Effected under a lease or temporary licence to use, recorded in writing and specifying the parties’ rights and obligations and the essential conditions and those Administrative Law · Source page 518
  39. Principle 1798Administrative decisions issued concerning the publication of newspapers and magazines. Their exclusion from the general rule permitting individuals and entities to challenge them. This exception must be restricted and cAdministrative Law · Source page 519
  40. Principle 1799The circumstances and conditions for cancellation of a newspaper’s licence, its suspension, or its refusal by administrative means, and designation of the authority competent to issue these decisions. Specified by the leAdministrative Law · Source page 519
  41. Principle 1804Disbursement of cash support to owners of fishing ships and boats, fixed fish traps and fish farms, and for fish feed. Its condition: that no violation report concerning the fishing licence have been drawn up pursuant toAdministrative Law · Source page 520

  42. مزايدات ومناقصات

    Principle 1808The Municipality's competence, pursuant to its Establishment Law No. 15 of 1972(*) – which governs the facts of the dispute – and Minister of Municipal Affairs Decision No. 26 of 1992 concerning establishments, issued inAdministrative Law · Source page 522
  43. Principle 1810A tender is subject to the same rule as an auction. - Submission of a bid at an auction. An offer. The bid lapses upon a higher bid, even if the latter is invalid. - An auction contract. It is concluded only upon the awaAdministrative Law · Source page 523
  44. Principle 1811State property. The right of the Council of Ministers and the Public Authority for Agriculture Affairs and Fish Resources to lease it other than by public auction. The administrative authority has absolute freedom to appAdministrative Law · Source page 523
  45. Principle 1812The principle of automatic tender award is the general rule established for tenders, under which the administration’s authority is constrained to award the tender to the bid that complies with its conditions and offers tAdministrative Law · Source page 523
  46. Principle 1813The price relied upon by the Central Tenders Committee in submitted bids. What counts is the total bid price submitted in the official documents, even if there is an error in calculating the components of that price or iAdministrative Law · Source page 524
  47. Principle 1814A tenderer becomes contractually bound only from the date the contract is signed by both parties, whether the tender was conducted by the Central Tenders Committee or the entity responsible for the project. Notification Administrative Law · Source page 524
  48. Principle 1815The bidder to whom the tender was awarded. He is not considered a contracting party until the date the contract is signed. The administrative authority has the power to cancel the tender, whether before or after its deteAdministrative Law · Source page 524
  49. Principle 1817Judgment annulling the Municipality’s two decisions refusing to renew a bakery licence and awarding compensation. The basis of this compensation: the Municipality’s two erroneous decisions, as the fundamental issue conteAdministrative Law · Source page
  50. Principle 1818The basis of the administration’s liability for administrative decisions. Fault in issuing an unlawful administrative decision. Issuance of an administrative decision free from defects. Its effect. Absence of the adminisAdministrative Law · Source page
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