Kuwait Court of Cassation principle number 356

The wording of the provision is clear in meaning. It is impermissible to adopt anything that contradicts, restricts or adds to it. The reason therefor. - Inquiry into the rationale and reasons for legislation. Impermissible except where it is ambiguous or contains uncertainty. The reason: no regard is had to implication in the face of an express statement. - Article 101 of Law 23 of 1968 concerning the Police System appears in Part Four under the heading Termination of Service. Its implication. Its application is confined to termination of service by retirement. Its scope of application differs from Article 64 of the same Law, which applies to promotion while continuing in service. The clarity of the former provision in that it requires, for granting a police officer the higher rank upon his retirement, only that he have completed the requisite minimum period for that rank. Table No. 1 of the annex to Law No. 23 of 1968, as amended by Law 37 of 1979, contains no specification of a requisite minimum period of remaining in the rank of brigadier for promotion to the rank of major general. The challenged judgment's ruling - 411 - Civil Procedure that the respondent is entitled to retire at the grade of major general and to have his financial entitlements settled on that basis. No defect.