Kuwait Court of Cassation principle number 357

The wording of the legal provision applicable to the facts of the case. The judge must apply it if it is clear in meaning. It is impermissible for him to adopt anything contradicting or restricting it. The reason therefor. So as not to create, through interpretation, a rule differing from the legislator's intent. - The judgment's adoption, in defining salary when calculating the end-of-service gratuity for non-Kuwaiti non-commissioned officers, personnel and guards in the police force enrolled under a voluntary service contract, of basic salary plus the periodic increments due. No defect. The reason therefor. - The contention that, in defining the scope of this salary, Article 43 of Law 23 of 1968 concerning the Police Force System applies only while the employment relationship subsists, and that, upon severance of that relationship, the scope is defined by Article 107 of the Police Law. Impermissible. The reason therefor.