Kuwait Court of Cassation principle number 284

Clarity of the wording of a provision. Its effect. It is impermissible to adopt what contradicts it or to restrict it. The reason. Not introducing a rule contrary to the legislator’s intent. - The 3 cases in which deductions may be made or attachment levied against an employee’s salary or any amounts payable to the Government by the employee. What they are: court-ordered maintenance, payment of what is owed to the Government by him by reason of performing his duties, or recovery of sums paid to him without entitlement. The Government has the right to deduct in the first and second cases without an enforceable instrument. - 393 - Procedure - The phrase “recovery of sums paid to him without entitlement” appearing in a general, unrestricted form without qualification. Its effect. It may not be restricted. Its implication: deductions may be made directly from the employee’s salary even if unrelated to his employment. A judgment departing from this on the basis that the sums were paid to the employee in his capacity as a student. An error in applying the law requiring its quashing.