المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Pleadings — Part One

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 1,422 available principles

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  1. اختصاص دائرة الأحوال الشخصية

    Principle 823The judgment's disregard of the request to refer the action to the Personal Status Division where the action is not one that the law requires to be heard in that Division. No defect.Pleadings — Part One · Source page ٥١٧
  2. Principle 824Household furnishings and effects. Their nature: what the spouses bring after consummation for use in the home. A dispute between them concerning them. Its implication. What is known to belong to the man is awarded to hiPleadings — Part One · Source page ٥١٧
  3. Principle 825The trousseau and household effects in the Maliki school. Their meaning. What the spouses bring after consummation for use in the matrimonial home. Their disagreement concerning it. Its effect. The man is awarded everythPleadings — Part One · Source page ٥١٧
  4. Principle 826The legislature's establishment of a single Personal Status Circuit in the competent courts to hear its disputes does not prevent their general assemblies from establishing more than one circuit to hear them and assigninPleadings — Part One · Source page ٥١٨
  5. Principle 827Determining the subject-matter jurisdiction of each judicial body. The criterion is the relief sought by the plaintiff in his action. - Jurisdiction of the Personal Status Circuit. Restricted to disputes whose determinatPleadings — Part One · Source page ٥١٨
  6. Principle 828Household effects. Their nature. A dispute between spouses over jewellery. Jurisdiction of the Personal Status Circuit at the Court of First Instance and the Court of Appeal to hear it.Pleadings — Part One · Source page ٥١٨
  7. Principle 829The Court of First Instance. Its jurisdiction to adjudicate at first instance all disputes relating to personal status. Its judgment is considered final in matters of inheritance, wills, waqf and dower if the value of thPleadings — Part One · Source page ٥١٨
  8. Principle 830Intervention by the Public Prosecution in an action pursuant to Articles 337 and 338/f of the Personal Status Law. Its condition. The action must concern personal status and its determination must require application of Pleadings — Part One · Source page ٥١٨
  9. Principle 832The principle is that all judgments issued in personal status matters are appealable. The exception. Judgments issued in actions relating to inheritance, wills, endowments and dower. Their subjection to the jurisdictionaPleadings — Part One · Source page ٥١٩
  10. Principle 833Determination of subject-matter jurisdiction. The determining consideration is the relief sought by the plaintiff. - The jurisdiction of the Personal Status Circuits. Its condition. That the dispute before the court relaPleadings — Part One · Source page ٥١٩
  11. Principle 834Subject-matter jurisdiction: attributed to the court, not its divisions. The court's general assembly assigning adjudication of particular actions to the court's various divisions. Does not constitute a matter of subjectPleadings — Part One · Source page ٥١٩

  12. اختصاص لجنة دعاوى النسب وتصحيح الأسماء

    Principle 835Matrimonial effects are everything the spouses furnish for use in the matrimonial home. Their dispute over them. What is suitable for either spouse. Awarded to that spouse upon his or her oath. Their suitability for men Pleadings — Part One · Source page ٥٢٠

  13. اختصاص الدائرة الإدارية بالمحكمة الكلية

    Principle 836Changing the first name of a person who has not exceeded six years of age and correcting clerical errors in this entry. Falls within the jurisdiction of the Committee for Lineage Claims and Correction of Names. Law 1 of Pleadings — Part One · Source page ٥٢٠
  14. Principle 837The jurisdiction of the Administrative Circuit – subject-matter jurisdiction – a matter of public policy – a plea concerning it is deemed to be before the court even if not invoked, and even if the litigant has waived itPleadings — Part One · Source page ٥٢٠
  15. Principle 838The Administrative Circuit has jurisdiction over actions for compensation for defective administrative decisions even if brought independently and not as ancillary to an annulment action. - Law No. 61 of 1982 amending arPleadings — Part One · Source page ٥٢١
  16. Principle 839Upon the issuance of Decree-Law No. 20/1981, as amended by Law No. 61/1982, jurisdiction to hear disputes concerning the rights prescribed in the Social Insurance Law became vested in the Administrative Circuit, and not Pleadings — Part One · Source page ٥٢١
  17. Principle 840State-owned industrial plots. Not public property. Rather, over private property of the State. Dealings therein are subject to the provisions of private law. Contracts concluded concerning them are not administrative conPleadings — Part One · Source page ٥٢١
  18. Principle 841Decisions issued concerning nationality matters. Their exclusion from the jurisdiction of the courts. The effect thereof. The Administrative Circuit lacks jurisdiction to annul the decision issued in that regard.Pleadings — Part One · Source page ٥٢١
  19. Principle 842The jurisdiction of the Administrative Circuit in applications for annulment of administrative decisions relating to public employees is limited to decisions concerning appointment or promotion, termination of service, aPleadings — Part One · Source page ٥٢١
  20. Principle 843The Administrative Circuit has jurisdiction to hear administrative disputes, including those concerning salaries.Pleadings — Part One · Source page ٥٢١
  21. Principle 844The Administrative Division of the Court of First Instance. Its jurisdiction over applications for annulment. On condition that their subject is an administrative decision. - 521 - ProcedurePleadings — Part One · Source page ٥٢١
  22. Principle 845The jurisdiction of the administrative judiciary over administrative contracts. Its criterion. - The Administrative Circuit’s jurisdiction over administrative contracts is not limited to the contracts set out in Article Pleadings — Part One · Source page ٥٢٢
  23. Principle 846The jurisdiction of the Administrative Circuit of the Court of First Instance to annul administrative decisions. Its restriction to decisions concerning appointment, promotion, termination of service and imposition of diPleadings — Part One · Source page ٥٢٢
  24. Principle 847The administrative decision. Its nature. Its distinction from a material act in that it must be preceded or accompanied by an intention to create a particular legal position, whereas a material act is always a material fPleadings — Part One · Source page ٥٢٢
  25. Principle 848The Administrative Circuit. Has jurisdiction over actions for compensation for defective administrative decisions, whether brought before it as principal or ancillary actions.Pleadings — Part One · Source page ٥٢٢
  26. Principle 849Decisions seconding and transferring employees. Their exclusion from the jurisdiction of the Administrative Circuit. Its condition. That they do not embody a decision falling within this Circuit’s jurisdiction, such as aPleadings — Part One · Source page ٥٢٢
  27. Principle 850Administrative decision. Its definition and what distinguishes it from a material act. A material act falls outside the jurisdiction of the Administrative Chamber. Example of what is not considered an administrative deciPleadings — Part One · Source page ٥٢٢
  28. Principle 851Actions for annulment of administrative decisions concerning appointment to civil public posts, promotion, termination of the service of civil servants, or imposition of disciplinary measures upon them. The condition forPleadings — Part One · Source page ٥٢٢
  29. Principle 852The jurisdiction of the Administrative Circuit. Its connection with public policy. Its jurisdiction in respect of contracts. Its criterion: that the contract be administrative.Pleadings — Part One · Source page ٥٢٣
  30. Principle 853The conditions necessary for a contract to be considered administrative: that one of its parties be a public legal person, that it contract in its capacity as a public authority, that it relate to the activity of a publiPleadings — Part One · Source page ٥٢٣
  31. Principle 854The Administrative Circuit of the Court of First Instance. Its jurisdiction in applications for annulment of administrative decisions relating to civilian employees. It is confined to applications for annulment of decisiPleadings — Part One · Source page ٥٢٣
  32. Principle 855The jurisdiction of the Administrative Circuit in the field of annulment of administrative decisions concerning civil servants. Its scope. It is confined to applications for annulment of decisions concerning appointment,Pleadings — Part One · Source page ٥٢٣
  33. Principle 856Jurisdiction of the Administrative Circuit at the Court of First Instance over an application to annul an administrative decision transferring an employee. Its condition. - 523 - Civil Procedure - An administrative transPleadings — Part One · Source page ٥٢٣
  34. Principle 857Decisions transferring and seconding employees. Their exclusion from the jurisdiction of the Administrative Disputes Circuit. This is conditional upon their purpose being to achieve the public interest. Absence of this pPleadings — Part One · Source page ٥٢٤
  35. Principle 858The jurisdiction of the Administrative Division of the Court of First Instance. Its scope. Disputes relating to administrative decisions, whether individual or regulatory. The criterion in those disputes. Its implicationPleadings — Part One · Source page ٥٢٤
  36. Principle 859The exclusive jurisdiction of the Administrative Circuit of the Court of First Instance to determine actions for compensation for damage arising from defective decisions, even if brought before it as principal actions inPleadings — Part One · Source page ٥٢٤
  37. Principle 860The subcontractor's direct action against the employer and the preferential right established for the subcontractor over what is due from the employer to the principal contractor. Jurisdiction to hear it falls outside thPleadings — Part One · Source page ٥٢٤
  38. Principle 861Offences of embezzlement of State funds and damage occurring before Law 1/1993 entered into force. They remain subject to the provisions concerning them in Articles 44. 45. 47. 48. of Law 31 / 1970 amending the provisionPleadings — Part One · Source page ٥٢٥
  39. Principle 862An ownership action. Jurisdiction over it. Vested in the Civil Circuit, not the Administrative Circuit.Pleadings — Part One · Source page ٥٢٥
  40. Principle 863Invoking a ground concerning public order for the first time before the Court of Cassation. Its condition. Establishing that all elements enabling the trial court, of its own motion, to apprehend and decide the action onPleadings — Part One · Source page ٥٢٥
  41. Principle 864The administrative decision. Its definition. - The determining consideration in establishing the jurisdiction of a judicial body is the relief sought by the plaintiff in his action.Pleadings — Part One · Source page ٥٢٥
  42. Principle 865Judicial acts and administrative acts issued by the Public Prosecution. The criterion for distinguishing between them. - Challenging a judicial act issued by the Public Prosecution. How this is done: by lodging a grievanPleadings — Part One · Source page ٥٢٥
  43. Principle 866Disputes falling within the jurisdiction of the Administrative Circuit of the Court of First Instance. Their nature. - The administrative authority's refusal to take a decision required by laws and regulations. A negativPleadings — Part One · Source page ٥٢٥
  44. Principle 867The status of public employee. Its criterion. - A marriage officiant is considered a public employee. The consequence. The decision terminating his service is considered an administrative decision. Challenging it by annuPleadings — Part One · Source page ٥٢٦
  45. Principle 868The ordinary judiciary has general judicial jurisdiction, except as excluded by an express provision. - Jurisdiction of a judicial body. The criterion for determining it. The relief sought by the plaintiff. - JurisdictioPleadings — Part One · Source page ٥٢٦
  46. Principle 869The court's obligation to give the action its correct legal characterisation without being bound by the litigants' characterisation of it. - The Administrative Circuit's jurisdiction to hear disputes concerning salaries.Pleadings — Part One · Source page
  47. Principle 870An administrative decision to deport a non-Kuwaiti. The Administrative Circuit’s jurisdiction to examine it. His deportation in execution of a criminal judgment. It falls outside its jurisdictional authority. An example.Pleadings — Part One · Source page
  48. Principle 871The Administrative Circuit of the Court of First Instance has exclusive jurisdiction to determine applications submitted by individuals or bodies for annulment of final administrative decisions and compensation for damagPleadings — Part One · Source page
  49. Principle 872The jurisdiction of the Administrative Circuit of the Court of First Instance in respect of applications for annulment of administrative decisions concerning civil servants. Its criterion. - 526 - Civil ProcedurePleadings — Part One · Source page
  50. Principle 873The legislature vested the Administrative Circuit of the Court of First Instance with exclusive jurisdiction to adjudicate administrative disputes. The arbitral tribunal lacks jurisdiction to hear an arbitration dispute Pleadings — Part One · Source page
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