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. حادي عشر: اختصاص محكمة الاستئناف بنظر المنازعات التأمينية

    Principle 1089Cassation of a judgment for violating jurisdictional rules. Its implication. The court confines itself to deciding the issue of jurisdiction and designating the competent court where appropriate. Article 156 Procedures. Pleadings — Part One · Source page ٥٧٦

  2. ثاني عشر: اختصاص المحكمة المدنية بالعقود التي تبرمها إدارة المنطقة الحرة

    Principle 1090The jurisdiction of the Civil and Commercial Circuit of the Court of Appeal to adjudicate insurance disputes. Its criterion. That the dispute is one of those provided for in Articles 107, 108 of the Social Insurance Law.Pleadings — Part One · Source page ٥٧٦

  3. ثالث عشر: اختصاص النيابة العامة والإدعاء العام

    Principle 1091The Ministry of Commerce and Industry may itself undertake the management of free zones whose establishment is decided upon, and may entrust the said zones to specialized private-sector entities. The latter entity's undePleadings — Part One · Source page ٥٧٦

  4. اختصاص المجلس البلدي

    Principle 1093The respondent’s reliance, in claiming compensation, on the error of an investigator of the General Department of Investigations when disposing of the misdemeanour by bringing him to trial instead of the actual accused. Pleadings — Part One · Source page ٥٧٧
  5. Principle 1094Subjecting real property falling within the planning line to deduction percentages under the land division and subdivision system. Its criterion. Issuance of a decision by the Municipal Council including it within the plPleadings — Part One · Source page ٥٧٨
  6. Principle 1095The planning and allocation of blocks, the subdivision of land designated for building, and the annexation of the severance of pockets and surplus plots resulting therefrom in accordance with the procedures and prices dePleadings — Part One · Source page ٥٧٨
  7. Principle 1096The obligation of the real estate registration authority and the administrative committees formed by the Chairman of the Municipal Council to adjudicate ownership claims to comply with the procedures provided for in LawsPleadings — Part One · Source page ٥٧٨
  8. Principle 1097The Municipal Council. Its competences. - The Municipality's right to defer granting licences for areas under planning study. Restricted to a period not exceeding two years.Pleadings — Part One · Source page ٥٧٨
  9. Principle 1098Subjecting real property included in planning to deduction percentages pursuant to the land division and subdivision system. Its prerequisite: issuance of a decision by the Municipal Council including it in planning and Pleadings — Part One · Source page ٥٧٨
  10. Principle 1099Decisions issued by the Municipal Council. The Council of Ministers may object to them within two weeks of their issuance and resubmit the decision to the Municipal Council. The latter’s approval - 578 - Civil Procedure Pleadings — Part One · Source page ٥٧٨

  11. اختصاص مكتب مجلس الأمة

    Principle 1100Preparation of general structural plans and district plans, and the creation and organisation of residential, commercial and industrial areas. The Municipal Council’s competence in this regard. Permissibility of deferrinPleadings — Part One · Source page ٥٧٩

  12. اختصاص المجلس الأعلى للتعليم العالي

    Principle 1101The Bureau of the National Assembly. Its competence to exercise the powers conferred by laws and regulations upon employees’ debts in relation to the affairs of its employees. The implication thereof. It may establish thPleadings — Part One · Source page ٥٧٩

  13. اختصاص اللجنة العامة للبعثات بجامعة الكويت

    Principle 1102Awarding academic degrees, diplomas and academic certificates and determining the equivalence of foreign certificates thereto. The Supreme Council for Higher Education has competence in this regard. 4- Competence of the Pleadings — Part One · Source page ٥٧٩

  14. اختصاص مجلس الخدمة المدنية

    Principle 1103The General Scholarships Committee at Kuwait University is competent to supervise the scholarships of university teaching assistants and has discretion to extend scholarships for exceptional periods or dismiss scholarshiPleadings — Part One · Source page ٥٧٩
  15. Principle 1104Issuing interpretations binding upon government authorities concerning civil service legislation and the allocation of government housing to employees. Competence in this regard. Vested solely in the Civil Service CounciPleadings — Part One · Source page ٥٨٠
  16. Principle 1105A decision issued by the Civil Service Council. The competence of the Personnel Bureau is limited to issuing implementing instructions for it. Its issuance of a circular restricting entitlement to housing allowance to a Pleadings — Part One · Source page ٥٨٠
  17. Principle 1106The Civil Service Council alone is competent to issue interpretations binding upon governmental bodies concerning civil service legislation and the allocation of government housing to employees. - The Civil Service CouncPleadings — Part One · Source page ٥٨٠
  18. Principle 1107The Civil Service Council alone is competent to issue interpretations binding on government entities concerning civil service legislation and the allocation of government housing to employees. - Housing allowance and furPleadings — Part One · Source page ٥٨٠
  19. Principle 1108The Civil Service Council alone has jurisdiction to issue interpretations binding on government entities concerning civil service legislation and the allocation of government housing to employees. - The Civil Service CouPleadings — Part One · Source page ٥٨٠

  20. اختصاص مجلس إدارة مؤسسة البترول الكويتية

    Principle 1109Appointment to a public post. Its condition. Obtaining the qualification required to occupy it which is consistent with its nature. The Civil Service Council determines the levels of academic qualifications necessary forPleadings — Part One · Source page ٥٨١

  21. اختصاص الجمعية التأسيسية للنقابات

    Principle 1110The Board of Directors of the Kuwait Petroleum Corporation, chaired by the Minister of Oil, to which the State's shares in the capital of the Kuwait Oil Tanker Company devolved. It has the powers of the ordinary general Pleadings — Part One · Source page ٥٨١

  22. اختصاص هيئة التحكيم الخاصة بمنازعات الأسهم بالأجل

    Principle 1111The constituent assembly of each trade union. Its competence to draw up its regulations, including the powers of the general assembly, the composition of its board of directors, the conditions of membership thereof and iPleadings — Part One · Source page ٥٨١
  23. Principle 1112The arbitral tribunal's exclusive jurisdiction to determine disputes concerning forward transactions in company shares and claims arising therefrom where the transactions have been registered. This is considered a matterPleadings — Part One · Source page ٥٨٢

  24. اختصاص لجنة إدارة سوق الكويت للأوراق المالية

    Principle 1113The exclusive jurisdiction of the arbitration tribunal to adjudicate disputes concerning company shares transacted on deferred terms. The judgment rendered therein. Final. 9- Jurisdiction of the Kuwait Stock Exchange ManPleadings — Part One · Source page ٥٨٢

  25. اختصاص لجنة التعويض لموظفي الدولة

    Principle 1114The committee constituted pursuant to Article Five of the Decree issued on 14/8/1983 regulating the Kuwait Stock Exchange. Its competence to manage the market, and it may apply the penalty of excluding shares involved inPleadings — Part One · Source page ٥٨٢

  26. اختصاص لجنة التحكيم الخاصة بالمنازعات العمالية

    Principle 1115The Court of Appeal concluding, within its discretionary authority, that compensation should be refused because there was no fault on the part of the entity employing the appellant's deceased predecessor giving rise to iPleadings — Part One · Source page ٥٨٢
  27. Principle 1116The arbitration committee provided for in Article 63 of the Labour Law. Scope of its jurisdiction.Pleadings — Part One · Source page ٥٨٣
  28. Principle 1117The Ministry of Social Affairs. Its powers in relation to workers' and employers' unions. Their nature. Supervision of elections held by unions' general assemblies for members of their boards of directors. Its inclusion Pleadings — Part One · Source page ٥٨٣

  29. اختصاص اللجنة الوطنية لشئون الأسرى والمفقودين

    Principle 1118The worker’s failure to resort to the authority competent to issue the appropriate decision for transferring his sponsorship to another employer. His bringing an action directly seeking entitlement to transfer his residePleadings — Part One · Source page ٥٨٣

  30. اختصاص لجنة الاعتراضات بشأن نزع الملكية

    Principle 1119The National Committee for Prisoners of War and Missing Persons Affairs. Its competence to secure the return of prisoners of war and detainees as soon as possible and to cooperate in that regard with the competent governPleadings — Part One · Source page ٥٨٣
  31. Principle 1122Arbitration is an exceptional means of resolving disputes, provided that its implementation is possible. Example: issuance of the arbitrator’s award on part of the claims and a finding that he lacks authority to examine Pleadings — Part One · Source page ٥٨٤
  32. Principle 1123Arbitral award. Although it is an adjudication that determines a dispute and has preclusive authority, it is a judicial act of a special nature. The basis of that special nature. The arbitrator derives his jurisdiction fPleadings — Part One · Source page ٥٨٤
  33. Principle 1124Objections submitted by the interested party to expropriation inventory lists and disputes over the assessment of compensation and its procedures. The Objections Committee's jurisdiction to hear them.Pleadings — Part One · Source page ٥٨٤
  34. Principle 1125The general rule is that the courts have general jurisdiction to hear all disputes. Except those excluded by an express provision. - Jurisdiction of the Objections Committee. Its scope. Article 17 of Law 33/1964 concerniPleadings — Part One · Source page ٥٨٤
  35. Principle 1126Judicial jurisdiction. In principle, it belongs to the ordinary judiciary. Anything else is an exception. The bounds prescribed for its jurisdiction may not be exceeded. - The determining factor in establishing the compePleadings — Part One · Source page ٥٨٤

  36. الاختصاص بإحالة شاغلي الوظائف القيادية والعامة إلى التحقيق

    Principle 1127The ordinary judiciary is the default holder of judicial jurisdiction. Anything else: an exception to this rule, whose delineated jurisdictional sphere may not be exceeded. The determining factor in identifying the compePleadings — Part One · Source page ٥٨٥

  37. اختصاص لجنة سندات إدعاءات الملكية

    Principle 1128Referral of holders of leadership and general posts for investigation may only be made by a decision of the competent minister. Exercise of this competence by another. Impermissible except by his express delegation. - AbPleadings — Part One · Source page ٥٨٥

  38. اختصاص لجنة تأديب مراقبي الحسابات

    Principle 1129The Deeds Committee established pursuant to the provisions of Law 18/1969. An administrative committee. Its lack of competence to verify manifestations of physical control as the material element of possession. DecisionsPleadings — Part One · Source page ٥٨٥

  39. اختصاص الهيئة العامة لتقدير التعويضات

    Principle 1130Assessment of the facts attributed to the auditor and whether or not they constitute one of the violations stipulated in the law requiring disciplinary trial, and his referral to the Disciplinary Committee. Within the coPleadings — Part One · Source page ٥٨٦
  40. Principle 1131The Public Authority for Assessment of Compensation for Losses from the Iraqi Aggression. Its task. Inventorying and assessing the losses of persons harmed by acts committed by the aggressor against the country during thPleadings — Part One · Source page ٥٨٦
  41. Principle 1132Taking expropriation and temporary possession procedures for public benefit pursuant to Law 33 of 1964. Its necessary consequence. The Objections Committee has jurisdiction to consider objections submitted by interested Pleadings — Part One · Source page ٥٨٦

  42. اختصاص الأمانة العامة للأوقاف ولجنة الموارد الوقفية

    Principle 1133The Public Authority for the Assessment of Compensation for Losses from the Iraqi Aggression. Its task. Inventorying and assessing the losses of those harmed as a result of the acts committed by the aggressor against thePleadings — Part One · Source page ٥٨٦

  43. اختصاص الهيئة العامة للصناعة

    Principle 1134The administrative authority is not on an equal footing with individuals in expressing freedom of will in concluding administrative contracts. The reason for this. In doing so, it must follow procedures and formalities lPleadings — Part One · Source page ٥٨٧

  44. الاختصاص بمنح التراخيص الصناعية

    Principle 1135The Public Authority for Industry. Its exclusive competence to allocate sites for industrial and craft plots, conclude their contracts, and collect consideration for their use. Its Board of Directors is entrusted with isPleadings — Part One · Source page ٥٨٧

  45. الاختصاص بتقدير أتعاب الخبير

    Principle 1136The Public Authority for Industry replaced the Ministry of Commerce and Industry in the field of industrial activity and in granting and transferring the licences relating thereto, as set out in Law 56 of 1996. 21- JurisPleadings — Part One · Source page ٥٨٨
  46. Principle 1137Assessment of the expert’s fees and recovery of his fees. This is effected by obtaining an order on petition therefor from the president or judge of the court that appointed him. How to challenge this. The impermissibiliPleadings — Part One · Source page
  47. Principle 1138Procedures and conditions for licensing the opening of non-governmental schools, the term of the licence, and the requirements for its renewal. Minister of Education Decision No. 46601/1967. Fulfilment of these conditionPleadings — Part One · Source page
  48. Principle 1139Age assessment based on a decision of the Medical Council or the Higher Medical Committee. Its being deemed final. Effect thereof. It is not subject to challenge or a request for reconsideration. Basis thereof. Minister Pleadings — Part One · Source page
  49. Principle 1140The General Medical Council has the final say as to which duties of the position are or are not compatible with the employee's medical condition. 24- Powers of the Births and Deaths Committee at the Ministry of Health:-Pleadings — Part One · Source page
  50. Principle 1141The authority competent to consider an application to change the particulars entered in the register of births where there is no dispute concerning the establishment or denial of lineage. The Births and Deaths RegistratiPleadings — Part One · Source page
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