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 الدائرة الإدارية بالمحكمة الكلية

    Principle 874Applications for annulment of decisions concerning the secondment and transfer of employees. They fall outside the jurisdiction of the Administrative Circuit of the Court of First Instance unless these decisions entail aPleadings — Part One · Source page ٥٢٧
  2. Principle 875The criterion for the administrative judiciary's jurisdiction to hear disputes concerning civil servants is establishment of employee status in accordance with the laws and regulations.Pleadings — Part One · Source page ٥٢٧
  3. Principle 876The jurisdiction of the Administrative Circuit of the Court of First Instance in the field of annulment of administrative decisions concerning civil servants. To what it is limited. - The criterion for determining the suPleadings — Part One · Source page ٥٢٧
  4. Principle 877The jurisdiction of the Administrative Circuit of the Court of First Instance in the field of annulment of administrative decisions. To what it is limited. Applications to annul decisions seconding and transferring emploPleadings — Part One · Source page ٥٢٧
  5. Principle 878Compensation claims brought by individuals for damage arising from defective administrative decisions. Fall within the jurisdiction of the Administrative Circuit. - In performing its function, the administrative authoritPleadings — Part One · Source page ٥٢٧
  6. Principle 879The administrative authority's refusal to take a decision that a law or regulation requires it to take. Deemed equivalent to an administrative decision. - 527 - Civil Procedure - The Central Bank of Kuwait is authorised Pleadings — Part One · Source page ٥٢٧
  7. Principle 880The Administrative Circuit of the Court of First Instance. Matters within its jurisdiction. Applications for annulment. When admissible. The reason therefor. Administrative grievance. Mandatory. Example. - Performance apPleadings — Part One · Source page ٥٢٨
  8. Principle 881The Circuit for Hearing Administrative Disputes at the Court of First Instance. Matters within its jurisdiction. Its jurisdiction is subject-matter jurisdiction. A plea concerning it relates to public policy. - A disputePleadings — Part One · Source page ٥٢٨
  9. Principle 882Administrative disputes relating to the affairs of civilian employees. The Administrative Circuit of the Court of First Instance has jurisdiction over them. It has authority therein to annul and award compensation. - A pPleadings — Part One · Source page ٥٢٨
  10. Principle 883Subject-matter jurisdiction. Its determination. The governing consideration is the relief sought by the plaintiff in his action. - The administrative decision disputes concerning which fall within the jurisdiction of thePleadings — Part One · Source page ٥٢٨
  11. Principle 884The jurisdiction of the Administrative Division. Pertains to public policy. Does not arise in respect of contracts unless they are administrative. The fact that one of its parties is a legal person is insufficient to conPleadings — Part One · Source page ٥٢٩
  12. Principle 885The Administrative Circuit of the Court of First Instance. Matters within its jurisdiction. Applications to annul decisions seconding and transferring employees. They fall outside this jurisdiction unless they involve a Pleadings — Part One · Source page ٥٢٩
  13. Principle 886An administrative decision is that by which the administrative authority expresses its binding will, by virtue of its authority under laws and regulations, with the intention of producing a particular legal effect, whenePleadings — Part One · Source page ٥٢٩
  14. Principle 887Qualification of an employee appointed on probation in his position after the expiry of the legally prescribed probationary period. Its criterion. His fitness to discharge the duties of that position. Absence of this conPleadings — Part One · Source page ٥٢٩
  15. Principle 888The jurisdiction of the Administrative Division in respect of contracts. Its restriction to administrative contracts. - The administrative contract. Its nature. Lease contracts concluded by administrative bodies with othPleadings — Part One · Source page ٥٢٩
  16. Principle 889Decisions issued by the administrative authority to express its will in performing its function. Their issuance by it is based either on discretionary power or on a constrained power in which there is no freedom of assesPleadings — Part One · Source page ٥٣٠
  17. Principle 890An annulment action. An action in rem whose subject matter is the challenge to the decision itself. The implication thereof. The statement of claim must contain particulars identifying the contested decision in a manner Pleadings — Part One · Source page ٥٣٠
  18. Principle 891An administrative decision. Its nature. It is that by which the administration expresses its binding will, by virtue of its authority, to produce a particular legal effect whenever this is legally possible and permissiblPleadings — Part One · Source page ٥٣٠
  19. Principle 892Judicial jurisdiction. In principle, it belongs to the ordinary courts. An exception is confined to its extent without expansion. - The Administrative Circuit of the Court of First Instance. Its exclusive jurisdiction toPleadings — Part One · Source page ٥٣١
  20. Principle 893Grounds relating to public policy. The Public Prosecution and the Court of Cassation may raise them even if they were not previously invoked before the court hearing the merits or in the appeal petition, provided that thPleadings — Part One · Source page ٥٣١
  21. Principle 894The trial court, in order to determine its jurisdiction to adjudicate the dispute, may characterize the claims in the action, understand their true nature and accord them their proper characterization without being boundPleadings — Part One · Source page ٥٣٢
  22. Principle 895Annulment of administrative decisions. Jurisdiction over it is confined to the Administrative Circuit within the limits of the decisions provided for in Article One of Law 20 of 1981 establishing it. Other decisions. ThePleadings — Part One · Source page ٥٣٢
  23. Principle 896Decisions issued by the administrative authority. They are not necessarily administrative decisions applications for annulment of which fall within the exclusive jurisdiction of the Administrative Circuit of the Court ofPleadings — Part One · Source page ٥٣٢
  24. Principle 897Public markets designated for public benefit. Their occupation is in return for a fee, not rent, and pursuant to temporary licences that are not binding on the licensing authority, which may cancel or revoke them before Pleadings — Part One · Source page ٥٣٣
  25. Principle 899The administrative decision and the material act. The nature of each and the criterion for distinguishing between them. - The material act. Its exclusion from the jurisdiction of the Administrative Circuit.Pleadings — Part One · Source page ٥٣٣
  26. Principle 900Decisions transferring civil servants. They fall outside the Administrative Circuit’s jurisdiction so long as they do not embody a decision concerning a matter within that Circuit’s jurisdiction. The reason therefor. ThePleadings — Part One · Source page ٥٣٣
  27. Principle 901The Commercial Circuit of the Court of First Instance ruling that it lacks subject-matter jurisdiction to hear the action and referring it in its current state to the Administrative Circuit of the Court of First InstancePleadings — Part One · Source page ٥٣٤
  28. Principle 902The jurisdiction of the Administrative Circuit at the Court of First Instance pursuant to Article One of Law 20 of 1980. Its cases. Its implication: it may assess the legality of and annul legally non-existent decisions Pleadings — Part One · Source page ٥٣٤
  29. Principle 903Applications by members of the judiciary and the Public Prosecution concerning any of their employment affairs. The condition for their admissibility before the Administrative Circuit of the Court of Cassation. Their subPleadings — Part One · Source page ٥٣٤
  30. Principle 904Grounds concerning public policy. The litigants, the Public Prosecution and the court may raise them of their own motion in a cassation appeal, even if they were not previously invoked before the court of merits or in thPleadings — Part One · Source page ٥٣٤
  31. Principle 905The administrative judiciary. Its jurisdiction over administrative contracts derives from the relationships they contain that belong to the spheres of public law. - Not all contracts concluded by the administration are aPleadings — Part One · Source page ٥٣٥
  32. Principle 906The administrative decision and the material act. The nature of each and the distinction between them. - Acts of the administrative authority. Are not categorically considered administrative decisions falling within the Pleadings — Part One · Source page ٥٣٥
  33. Principle 907Administrative acts and decisions. The general rule is their subjection to judicial review and the prohibition on immunizing them from such review. The exception. This prohibition may not be interpreted expansively or exPleadings — Part One · Source page ٥٣٥
  34. Principle 908Competence as one of the elements of an administrative decision. Its nature. That it be issued by a person empowered to issue it. Determining this is the work of the legislature. The decision must be issued by the authorPleadings — Part One · Source page ٥٣٦
  35. Principle 909An adjustment action in which the employee seeks his entitlement derived directly from the law. The claim therein is not subject to the time limits for an annulment action. The Administrative Circuit has jurisdiction to Pleadings — Part One · Source page ٥٣٦
  36. Principle 910Disputes arising between the administrative authority and the other contracting party in administrative contracts generally. The Administrative Circuit’s jurisdiction to determine them. - An employment contract. An adminPleadings — Part One · Source page ٥٣٦
  37. Principle 911The Public Authority for the Assessment of Compensation for Losses from the Iraqi Aggression. Its competence to inventory the damage resulting therefrom, assess the losses of injured persons resulting from the acts commiPleadings — Part One · Source page ٥٣٧
  38. Principle 912The jurisdiction of the Administrative Circuit at the Court of First Instance. Subject-matter jurisdiction. Its relation to public policy. - Determining the subject-matter jurisdiction of each judicial body. The determinPleadings — Part One · Source page ٥٣٧
  39. Principle 913The Administrative Circuit's ruling that it lacks jurisdiction to hear the dispute on the ground that the appellant is a member of the police force affiliated with the Ministry of Interior and that its jurisdiction is coPleadings — Part One · Source page ٥٣٧
  40. Principle 914Determining the subject-matter jurisdiction of each judicial body. The determining consideration is the relief sought by the plaintiff in his action. - 537 - Civil Procedure - The administrative decision over which the APleadings — Part One · Source page ٥٣٧
  41. Principle 915Everyone born in Kuwait or abroad to a Kuwaiti father is Kuwaiti. Nationality is attached to the fact of birth without the need for a decision to that effect by the administrative authority or any other procedure. WhenevPleadings — Part One · Source page ٥٣٨
  42. Principle 916The jurisdiction of the Administrative Circuit of the Court of First Instance and, thereafter, the designated circuit of the Court of Appeal to hear appeals against its judgments. It arises only where the dispute submittPleadings — Part One · Source page ٥٣٨
  43. Principle 917The exclusive jurisdiction of the Administrative Circuit of the Court of First Instance to hear disputes relating to administrative decisions, whether individual or regulatory, whenever the challenge thereto is based on Pleadings — Part One · Source page ٥٣٨
  44. Principle 918The administrative decision over whose annulment application the Administrative Circuit has jurisdiction. Its nature. - The decision issued by the Kuwait Stock Exchange Committee excluding the company's shares from the qPleadings — Part One · Source page ٥٣٩
  45. Principle 919The administrative decision over applications for whose annulment or compensation the Administrative Circuit of the Court of First Instance has exclusive jurisdiction. Its nature. - The mere issuance of a decision by an Pleadings — Part One · Source page ٥٣٩
  46. Principle 920Decisions issued seconding civilian employees. Their exclusion from the jurisdiction of the Administrative Circuit whenever the administrative entity’s intention in those decisions was directed towards producing the legaPleadings — Part One · Source page
  47. Principle 921The exclusive jurisdiction of the Administrative Circuit of the Court of First Instance to hear administrative disputes, including applications submitted by individuals or bodies for annulment of final administrative decPleadings — Part One · Source page
  48. Principle 922Decisions issued by the administrative authority in tax disputes. They are administrative decisions. - The Tax Appeals Committee. An administrative committee with judicial jurisdiction to adjudicate a dispute between thePleadings — Part One · Source page
  49. Principle 923The jurisdiction of the Administrative Circuit at the Court of First Instance in the field of applications for annulment of administrative decisions concerning civilian employees. Its restriction to applications for annuPleadings — Part One · Source page
  50. Principle 924A defect of lack of competence or form that may vitiate a decision and lead to its annulment. It does not inevitably and necessarily constitute a basis for compensation unless the ground affects the substance of the deciPleadings — Part One · Source page
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