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 لجنة المواليد والوفيات بوزارة الصحة

    Principle 1142A request to change the particulars recorded in the births register. The competence of the Births and Deaths Committee at the Ministry of Health to examine it. Its condition. The absence of a dispute concerning lineage.Pleadings — Part One · Source page ٥٨٩
  2. Principle 1143Applications to change particulars entered in the births register which do not concern a dispute over parentage fall within the jurisdiction of the Births and Deaths Registration Committees.Pleadings — Part One · Source page ٥٨٩
  3. Principle 1144The competence of the Births and Deaths Registration Committee constituted at the Ministry of Health pursuant to Law 36 of 1969. Regarding applications to change particulars relating to names. Its scope.Pleadings — Part One · Source page ٥٨٩

  4. اختصاص مكتب التوثيق بوزارة العدل (كاتب العدل)

    Principle 1145The fact of birth of persons whose births on the territory of the State of Kuwait are reported after one year. How it is proved. Recourse to the committee provided for in Article 15 of Law 36/1969. The obligation to follPleadings — Part One · Source page ٥٨٩

  5. اختصاص البلدية

    Principle 1152Employees of the General Administration of Customs are judicial enforcement officers within the limits of the powers granted to them pursuant to the Unified Customs Law No. 10 of 2003. Their competence to detain goods. IPleadings — Part One · Source page ٥٩٢
  6. Principle 1153An acknowledgment interrupting the period barring the hearing of an action need not be judicial. It is sufficient that it appear in an instrument written in the acknowledger’s handwriting, bearing his signature, and contPleadings — Part One · Source page ٥٩٢
  7. Principle 1154The Municipality is the authority competent to plan and distribute planning plots, annex and sever pockets and surplus areas resulting from planning, and approve projects for the division and subdivision of land designatPleadings — Part One · Source page ٥٩٢
  8. Principle 1155The Municipality's right to exchange State-owned real properties in planning-block projects and residential, commercial and industrial areas for real properties owned by individuals.Pleadings — Part One · Source page ٥٩٢
  9. Principle 1156Sale of undivided shares in land for which no subdivision decision has been issued, without obtaining prior permission from the Municipality. Absolute nullity of this sale. Its encompassing all types of sales. The implicPleadings — Part One · Source page ٥٩٢
  10. Principle 1157The prohibition on selling undivided shares in land for which no subdivision plan has been issued except after obtaining prior permission from the Municipality is confined to vacant land, excluding built properties.Pleadings — Part One · Source page ٥٩٣
  11. Principle 1158Establishing showrooms in industrial areas. The necessity of obtaining the Municipality’s approval before obtaining the license from the Minister of Commerce and Industry.Pleadings — Part One · Source page ٥٩٣
  12. Principle 1159Penalties imposed for violating the provisions of regulations issued upon the proposal of the Municipal Council. Specified by Article 35 of Law 15/1972. Their nature.Pleadings — Part One · Source page ٥٩٣
  13. Principle 1160Real property owned by an individual. Issuance of a municipal decision to construct a road on it does not remove it from its owner’s ownership. When the road is considered dedicated to public benefit.Pleadings — Part One · Source page ٥٩٣
  14. Principle 1161- The Municipality's powers are confined to residential areas. Its competence to clean streets and roads within those areas. External roads and highways. The obligation to maintain and clean them. It rests with the MinisPleadings — Part One · Source page ٥٩٣
  15. Principle 1162Expropriation for public benefit before the promulgation of the Constitution. The source of the Municipality's right to exercise it, its procedures and grievances against it. Law 33/1984. Regulated how this right is exerPleadings — Part One · Source page ٥٩٣
  16. Principle 1163The prohibition on selling undivided shares in land for which no subdivision decision has been issued, except after obtaining prior permission from the Municipality. Violation of the prohibition. Its effect. Absolute nulPleadings — Part One · Source page ٥٩٤
  17. Principle 1164Property that becomes public property merely by being designated as such. Its nature. - Private individuals’ property designated for public benefit. What is required for it to become public property. An example concerninPleadings — Part One · Source page ٥٩٤
  18. Principle 1165The Municipality's authority to issue building permits or refrain from doing so is constrained by the rules contained in its Decision 130/1985 concerning the regulation of building works, pursuant to Law 15/1972 concerniPleadings — Part One · Source page ٥٩٤
  19. Principle 1166The Municipality’s obligation to pay compensation equivalent to the price of the expropriated property. Its source is the law, not an unlawful act. Compensation in respect thereof is pursuant to Article 306 of the Civil Pleadings — Part One · Source page ٥٩٤
  20. Principle 1168Land situated within planning boundaries. The general rule concerning it. It falls within the bounds of private ownership, except what is proven to be owned by the State. Individuals’ claims to its ownership. PermissiblePleadings — Part One · Source page ٥٩٤
  21. Principle 1169Prohibition on taking possession of State property with the intention of acquiring ownership of it, disposing of it, possessing it or benefiting from it without prior permission from the competent administrative authoritPleadings — Part One · Source page ٥٩٥
  22. Principle 1170Municipality Decision No. 27/1990 amending Decision 130/1985 by increasing building height from four metres to five metres. Its applicability even if the act of construction occurred before its entry into force. The judgPleadings — Part One · Source page ٥٩٥
  23. Principle 1171Lands situated south of the Fifth Ring Road and Jahra village within Plan B/20, and Failaka Island within Plan M/22689, are in principle considered lands falling within the boundaries of private ownership, except for whaPleadings — Part One · Source page ٥٩٥
  24. Principle 1172The Municipality’s obligation to pay the consideration for expropriation to those entitled thereto. Its subject is the payment of a sum of money and its source is the law. The Municipality’s delay in fulfilling this obliPleadings — Part One · Source page ٥٩٥
  25. Principle 1173The certificate issued by the Municipality to the owner of a building for submission to obtain an electricity connection. Its criterion. The building’s conformity with the specifications of the permit for its constructioPleadings — Part One · Source page ٥٩٥
  26. Principle 1174A grievance against administrative decisions: all its papers are to be sent to the Department of Legal Advice and Legislation, accompanied by the opinion of the administrative body issuing the administrative decision. ThPleadings — Part One · Source page ٥٩٦
  27. Principle 1175The purchaser of real property. A particular successor to the seller. Effect thereof. The purchaser has the right to seek compensation for the usurpation of the property. - The Municipality's seizure of the disputed landPleadings — Part One · Source page ٥٩٦
  28. Principle 1176The Municipality's powers do not include issuing ownership documents for what devolves upon individuals through inheritance. - Registration procedures transferring ownership are undertaken upon the application of the perPleadings — Part One · Source page ٥٩٦
  29. Principle 1177The Department of Legal Opinions and Legislation undertakes the defence of the Public Treasury. The Administrative Disputes Circuit of the Court of First Instance. Its judgments are appealable whenever the dispute is of Pleadings — Part One · Source page ٥٩٦
  30. Principle 1178The term of an advertising licence granted by the municipality is one year, renewable. The municipality may, in cases of necessity or in consideration of public-interest requirements, revoke the licence or shorten its tePleadings — Part One · Source page ٥٩٦
  31. Principle 1179The building restrictions stipulated in Article One of Decision 30 of 1985 of the Chairman of the Municipal Council concerning the regulation of construction works and regulating building setbacks and their extent. EstabPleadings — Part One · Source page ٥٩٧
  32. Principle 1180The defect of misuse of power relates to the substance of the administrative decision, not its outward form. Its meaning encompasses the administration's violation of the spirit of the legislation and the purpose sought Pleadings — Part One · Source page ٥٩٧
  33. Principle 1181Subjecting 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 ٥٩٧
  34. Principle 1182Sale of undivided shares in vacant and unsubdivided land. Its condition. Prior permission from the Municipality.Pleadings — Part One · Source page ٥٩٧
  35. Principle 1183Planning and distributing blocks, subdividing land designated for building, and annexing and severing the pockets and surplus areas resulting therefrom in accordance with the procedures and prices determined by the MunicPleadings — Part One · Source page ٥٩٧
  36. Principle 1184Subjecting 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 ٥٩٨
  37. Principle 1185Sale of undivided shares in land for which no subdivision decision has been issued. Its condition. Obtaining prior permission from Kuwait Municipality in accordance with the controls and conditions issued by a decision oPleadings — Part One · Source page ٥٩٨
  38. Principle 1187The General Fire Department. It has no independent legal personality but is subject to the supervision of the Head of the Municipality. - Independent legal personality is acquired only by law. Reason for this. - The HeadPleadings — Part One · Source page ٥٩٨
  39. Principle 1188Licences to erect advertisements whose implementation and exploitation are undertaken by companies and establishments specialized in publicity and advertising in places meeting the conditions for such exploitation. They Pleadings — Part One · Source page ٥٩٩
  40. Principle 1189A request to appoint an expert. A legal latitude. The court's disregard of it. No defect, so long as it has formed its conviction from sufficient material in the case papers to determine the action on reasonable grounds.Pleadings — Part One · Source page ٥٩٩
  41. Principle 1190Withdrawal of the decision terminating the respondent’s service and treating it as if it had never existed. Its implication: the employment relationship is deemed to subsist with all its effects except the employee’s rigPleadings — Part One · Source page ٥٩٩
  42. Principle 1192Constructing buildings, undertaking works, expanding, raising, reinforcing, demolishing or altering them, or changing the features of any real estate. Prohibited without a licence therefor from the Municipality after satPleadings — Part One · Source page ٥٩٩
  43. Principle 1193The requirement to obtain permission from Kuwait Municipality before selling undivided shares in land for which no subdivision decision has been issued. Violation thereof. Its effect: nullity of the sale. The condition fPleadings — Part One · Source page ٦٠٠

  44. اختصاص مجلس الوزراء

    Principle 1194The Municipality’s competence, pursuant to its Establishment Law 15 of 1972 - which governs the facts of the dispute - and Decision 26 of 1992 of the Minister of Municipal Affairs concerning premises, issued in implementPleadings — Part One · Source page ٦٠٠
  45. Principle 1195The content of a statutory provision. Its inclusion of the meaning derived from its spirit, without being confined to the meaning indicated by its words and expressions in themselves. - The Executive Regulations of Law 4Pleadings — Part One · Source page ٦٠٠
  46. Principle 1196State property. The right of the Council of Ministers and the Public Authority for Agriculture Affairs and Fish Resources to lease it otherwise than by public auction. The administrative authority has complete freedom toPleadings — Part One · Source page
  47. Principle 1198Exploitation of real property privately owned by the State. It is effected under a lease or a temporary licence to use, evidenced in writing, specifying the rights and obligations of both parties and the essential conditPleadings — Part One · Source page
  48. Principle 1199The executive authority, represented by the Council of Ministers, is the body overseeing the interests of the State. The directives of that authority address the competent ministers for the issuance of administrative decPleadings — Part One · Source page
  49. Principle 1200The Government's obligation to pay a social allowance and a children's allowance to practitioners of professions and trades and to those working in all entities. The Council of Ministers shall issue decisions regulating Pleadings — Part One · Source page
  50. Principle 1201The travel ban order remains effective until the debt is extinguished by payment or release. Exception: the debtor deposits with the treasury of the Enforcement Department a sum of money equal to the debt and its accessoPleadings — Part One · Source page
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