المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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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. إدارة التنفيذ

    Principle 1202The expression (official letter) stipulated by the contracting parties for non-renewal of the contract term. Its intended meaning. That it be served by the process servers of the Enforcement Department, like other judiciPleadings — Part One · Source page ٦٠٢
  2. Principle 1203Service of the record of deposit. It must be effected by the process server. Failure to comply with the prescribed time limit for serving the creditor with a copy of the record of deposit. No nullity. - 602 - ProcedurePleadings — Part One · Source page ٦٠٢
  3. Principle 1205The Department for Enforcement of Judicial Judgments. Its constitution. Article 189 of the Civil Procedure Law. - Enforcement of judgments. Among its requirements. The person against whom enforcement is directed must be Pleadings — Part One · Source page ٦٠٣

  4. إدارة الفتوى والتشريع

    Principle 1206An appellate judgment reversing the first-instance judgment carrying expedited enforceability and dismissing the action. Subject to compulsory enforcement to remove the effects of the first-instance judgment. Its consequPleadings — Part One · Source page ٦٠٣
  5. Principle 1207The petition for cassation filed by a public institution. Must be signed by a member of the Department of Legal Advice and Legislation. Contravention thereof. Its effect. Invalidity of the appeal. Example.Pleadings — Part One · Source page ٦٠٣
  6. Principle 1208Selection of those whom the administration considers suitable to occupy the position. Its enjoyment of broad discretionary power in this regard. What does not limit this power. An example concerning appointment from outsPleadings — Part One · Source page ٦٠٣
  7. Principle 1209Repeal of legislation. May be express or implied. - Appointment to posts in the Department of Fatwa and Legislation by decision of the Supreme Council upon nomination by the Government’s legal expert. Article 10 of Law 1Pleadings — Part One · Source page ٦٠٤
  8. Principle 1210The petition for cassation or statement of appeal filed by the Government or a public institution in an administrative action must be signed by a member of the Department of Legal Advice and Legislation. Omission thereofPleadings — Part One · Source page ٦٠٤
  9. Principle 1211A grievance against administrative decisions: all its papers shall be sent to the Department of Fatwa and Legislation accompanied by the opinion of the administrative authority that issued the administrative decision. ThPleadings — Part One · Source page ٦٠٤
  10. Principle 1212The rules and procedures applicable to appeals before the Court of Appeal apply to cassation appeals insofar as they do not conflict with the provisions and procedures governing cassation appeals. - The requirement that Pleadings — Part One · Source page ٦٠٤
  11. Principle 1213The Department of Fatwa and Legislation is the body entrusted with examining a grievance against an administrative decision, expressing an opinion on it and monitoring the progress of the administrative action concerningPleadings — Part One · Source page ٦٠٤
  12. Principle 1214The Department of Legal Advice and Legislation undertakes the defence of the Public Treasury. The circuit of the Court of General Jurisdiction for hearing administrative disputes. Its judgments are appealable whenever thPleadings — Part One · Source page ٦٠٥
  13. Principle 1215Service of the petition of challenge on government authorities and public institutions is effected at the headquarters of the Department of Fatwa and Legislation. - Procedures for submitting and deciding an administrativPleadings — Part One · Source page ٦٠٥
  14. Principle 1216The Government’s exemption from judicial fees. It applies to actions and appeals brought by it, regardless of the entity represented by the Department of Legal Opinions and Legislation.Pleadings — Part One · Source page ٦٠٥
  15. Principle 1217Statements of claim, appeal petitions and judgments concerning governmental entities and public institutions. They must be served at the headquarters of the Department of Legal Opinions and Legislation. Article 10 of thePleadings — Part One · Source page ٦٠٥
  16. Principle 1218The petition for cassation filed by a public institution. It must be signed by a member of the Department of Legal Advice and Legislation. This pertains to public policy. Violation thereof. Its effect. Nullity of the appPleadings — Part One · Source page ٦٠٥
  17. Principle 1219Exemption from judicial fees. It is granted to the Government regardless of the authority on whose behalf the Department of Fatwa and Legislation acts in bringing actions. It does not apply solely to actions but also extPleadings — Part One · Source page ٦٠٦
  18. Principle 1221An award of lawyers’ fees against the losing party. Its criterion. That his opponent who won the action brought a lawyer to appear therein. Appearance of a member of the Department of Fatwa and Legislation on behalf of tPleadings — Part One · Source page ٦٠٦

  19. إدارة الكتاب

    Principle 1222Defending the interests of the Public Treasury in all cases brought by or against the Government before the courts. Vested in the Department of Legal Advice and Legislation. No prohibition on engaging a private lawyer frPleadings — Part One · Source page ٦٠٦
  20. Principle 1223Interruption of the sequence of hearings. Its necessary consequence. The parties must be notified of the new hearing. - The defendant's written defence sent to the court. The Registry may receive it. - 606 - ProcedurePleadings — Part One · Source page ٦٠٦
  21. Principle 1224The burden of notifying the parties of the filing of the expert's report and of the date of the hearing scheduled to consider the action. It rests upon the court registry, not the expert. Notification having taken place.Pleadings — Part One · Source page ٦٠٧
  22. Principle 1225The ordinary method of bringing an action and commencing proceedings is to deposit its statement of claim with the court registry.Pleadings — Part One · Source page ٦٠٧
  23. Principle 1226Failure to serve notice of reinstatement of the action after striking out. Its effect. The action is deemed never to have been brought by operation of law, without discretion for the court, whenever so requested, whatevePleadings — Part One · Source page ٦٠٧
  24. Principle 1227Submission of the statement of claim or application to the court is the event giving rise to the right to collect the judicial fees payable to the Public Treasury in respect thereof. - The Registry collects the fees due Pleadings — Part One · Source page ٦٠٧
  25. Principle 1228The event giving rise to the Public Treasury’s right to collect judicial fees: submission of the statement of claim or application to the court. - The court registry alone has the right to demand from the claimant the fePleadings — Part One · Source page ٦٠٧
  26. Principle 1229An appeal in cassation is brought by a petition lodged with the Registry of the Court of Cassation containing specified particulars. Failure to complete this. Its effect: nullity of the appeal. A security deposit must bePleadings — Part One · Source page ٦٠٧
  27. Principle 1230Appeal by cassation is distinguished by procedures specifically prescribed for it by the legislature. Its implication. It falls outside the scope of application of the sanction of deeming the appeal never to have existedPleadings — Part One · Source page ٦٠٨
  28. Principle 1231A dispute over the amount of judicial fees. Distinguished from a dispute over the basis and extent of the obligation to pay them and its discharge. The former is brought by a grievance before the process server or by a dPleadings — Part One · Source page ٦٠٨
  29. Principle 1232The invalidity of service of statements of claim and summonses arising from a defect in service is cured by the appearance of the person served at the hearing specified in the notice of service or by the filing of a memoPleadings — Part One · Source page ٦٠٨
  30. Principle 1233Grievance against an order assessing judicial fees. Its manner. Either by a declaration at the registry of the court that rendered the judgment within the eight days following service thereof, if the dispute concerns thePleadings — Part One · Source page ٦٠٨
  31. Principle 1234Failure to serve the notice of appeal within thirty days of its deposit with the court registry. Its effect. The court may rule that the appeal is deemed never to have existed. Its condition. That the failure to serve isPleadings — Part One · Source page ٦٠٨
  32. Principle 1235Constitution of the appellate proceedings between the parties. Its condition. Service within 30 days from the date the appeal petition is deposited with the Registry. Delay therein. Its effect. The court may, upon the rePleadings — Part One · Source page ٦٠٨
  33. Principle 1236Court Registry. It alone may demand from the plaintiff the fees due on the action.Pleadings — Part One · Source page ٦٠٩
  34. Principle 1237Interruption of the sequence of hearings for any reason requires the Court Registry to inform the parties of the new date by registered letter. Example of a judgment issued restoring the action for interrogation.Pleadings — Part One · Source page ٦٠٩
  35. Principle 1238Procedures for instituting and serving an action. The court must observe them. Their purpose: regulating litigation and securing the right of defence. Filing the statement of claim with the Registry is the procedure by wPleadings — Part One · Source page ٦٠٩
  36. Principle 1239The court registry. It must notify the parties by registered letter of the expert's filing of his report and of the date of the hearing scheduled to consider the action before the court.Pleadings — Part One · Source page ٦٠٩
  37. Principle 1240A party's filing of an incidental action before the court while it is hearing another action, without paying the prescribed fees, the court's proceeding to hear it, and the registry's delay in collecting the fee until juPleadings — Part One · Source page ٦٠٩

  38. الإدعاء العام

    Principle 1241A dispute relating to movable or immovable property. The value of the action is assessed according to the value of the property in dispute. The claimant must assess its value before any step is taken in the action. The RPleadings — Part One · Source page ٦١٠
  39. Principle 1242Acts emanating from the Public Prosecution in its capacity as custodian of the public prosecution action and supervisor of judicial police officers. Judicial acts issued by a judicial body, not administrative decisions, Pleadings — Part One · Source page ٦١٠
  40. Principle 1243The Public Prosecutor. He may appeal a judgment imposing a fine not exceeding 40 dinars in a misdemeanour, whereas the convicted person may not.Pleadings — Part One · Source page ٦١٠

  41. امتداد الاختصاص

    Principle 1244Judicial police officers. The State is not liable for judicial acts they perform in their capacity as custodians of the criminal action. Its import. It is not liable for damage caused by its investigators through their fPleadings — Part One · Source page ٦١٠

  42. نطاق حجية الحُكم الصادر في الاختصاص

    Principle 1245Jurisdiction of the Constitutional Court. Confined to adjudicating the constitutionality of laws and regulations. It does not extend to cases of unlawfulness. When it acquires jurisdiction over cases of conflict between Pleadings — Part One · Source page ٦١١

  43. المحكمة الدستورية

    Principle 1246The grounds on which the court bases its ruling concerning its jurisdiction to hear the action. They acquire res judicata effect only in respect of that ruling. They do not extend to the court's verification and ascertaiPleadings — Part One · Source page ٦١١
  44. Principle 1248The Constitutional Court has exclusive jurisdiction to interpret constitutional provisions and adjudicate disputes concerning the constitutionality of laws, decree-laws and regulations. - 611 - Civil Procedure - ConstituPleadings — Part One · Source page ٦١١
  45. Principle 1249The Constitution’s guarantee of the right of litigation to people. Does not prevent the legislature from regulating the exercise of this right. This includes arranging the courts and determining their jurisdictions and wPleadings — Part One · Source page ٦١٢
  46. Principle 1250Judgments issued in constitutional proceedings. Their res judicata effect is absolute. Their effect extends to all and binds all judicial bodies, whether they conclude that the legislative provision is unconstitutional oPleadings — Part One · Source page
  47. Principle 1252A ruling that Civil Service Council Decision No. (5) of 2003 is unconstitutional. Its effect: invalidating it, terminating its enforceability and deeming it never to have existed. Everyone and all courts are bound therebPleadings — Part One · Source page
  48. Principle 1253The Constitutional Court. It has exclusive jurisdiction to interpret constitutional provisions and decide disputes relating to the constitutionality of laws, decree-laws and regulations. Instituting proceedings before thPleadings — Part One · Source page
  49. Principle 1254A plea of unconstitutionality. It must include the subject of the challenge, its ground, the provision challenged, and the respects in which it contravenes the Constitution; otherwise, it is not serious and shall be rulePleadings — Part One · Source page
  50. Principle 1255The jurisdiction of the Constitutional Court. Its relation to determining the constitutionality of laws and regulations where the basis of the challenge is violation of an existing constitutional provision or departure fPleadings — Part One · Source page
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