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. المحكمة الكلية

    Principle 1311The Court of First Instance. Its jurisdiction to adjudicate at first instance civil and commercial actions outside the jurisdiction of the Summary Court, unless the law provides otherwise; its judgment is final if the vaPleadings — Part One · Source page ٦٢٤
  2. Principle 1312Customers subject to the provisions of Law 41 of 1993. The composition to avert bankruptcy submitted by them to the Public Investment Authority must be presented to the circuit designated for that purpose at the Court ofPleadings — Part One · Source page ٦٢٤
  3. Principle 1313Applications for annulment of administrative decisions. The legislature’s designation of a circuit of the Court of First Instance to hear them. - The time limit for challenging administrative decisions by annulment. SixtPleadings — Part One · Source page ٦٢٥
  4. Principle 1315Composition to avert the bankruptcy of customers whose debts were purchased pursuant to Law 41 of 1993. Its condition. Submission by the customer, whether debtor or guarantor, or by the Public Investment Authority, of anPleadings — Part One · Source page ٦٢٥
  5. Principle 1316The provision in Article 14 of the Civil Procedure Law attributing subject-matter jurisdiction to the Court of First Instance, not its circuits. Its meaning. Assigning particular actions to circuits of that court by a dePleadings — Part One · Source page ٦٢٥
  6. Principle 1317The jurisdiction of the Rentals Circuit of the Court of General Jurisdiction arises only where the dispute submitted to the court relates to a provision of Decree-Law 35 of 1978 concerning the leasing of premises. The dePleadings — Part One · Source page ٦٢٦
  7. Principle 1320The jurisdiction of the Labour Circuit at the Court of First Instance. Its nature. A claim for the invalidation of the extraordinary general assembly meeting of the Trade Union of Employees of the Ministry of ElectricityPleadings — Part One · Source page ٦٢٦
  8. Principle 1321The Court of Appeal has jurisdiction to hear actions brought by military personnel to claim their rights relating to pensions and retirement gratuities, to amend those rights, or to challenge decisions issued by the GriePleadings — Part One · Source page ٦٢٦
  9. Principle 1322Trademark. Procedures for its registration or rejection and objection to the Registrar’s decisions concerning it. Interested parties may object to or appeal those decisions before the Court of First Instance within a spePleadings — Part One · Source page ٦٢٧
  10. Principle 1323The jurisdiction of the Rental Circuit of the Court of First Instance to adjudicate all disputes relating to leases of real property. The exceptions thereto. Articles 1, 24, 26 of Law 35/1978. - The impermissibility of cPleadings — Part One · Source page ٦٢٧
  11. Principle 1324The Court of Cassation of its own motion, and each of the parties and the Public Prosecution, may raise grounds relating to public order even if they were not previously relied upon before the court of merits or in the aPleadings — Part One · Source page ٦٢٧
  12. Principle 1328Subject-matter jurisdiction is attributed, as a rule, to the court, not to its circuits. Assignment of particular actions to the court's circuits by a decision of its general assembly. Does not constitute subject-matter Pleadings — Part One · Source page ٦٢٨
  13. Principle 1329Acts which must state that they are issued in the name of His Highness the Amir of the State. These are judgments or acts connected with judicial proceedings that are deemed equivalent to judgments. A travel ban order isPleadings — Part One · Source page ٦٢٩
  14. Principle 1330Bringing an objection through the ordinary procedures for instituting an action or as an incidental claim ancillary to pending proceedings. The objector’s resort to the first method. Requires him to bring his objection bPleadings — Part One · Source page ٦٢٩
  15. Principle 1331Judgments rendered by the Court of First Instance are appealable if the dispute is of indeterminate value or its value exceeds 1,000 dinars. Otherwise, the judgment is final. Article 12 of Law 20 of 1981, as amended, estPleadings — Part One · Source page ٦٢٩
  16. Principle 1332An appeal in cassation lies only against judgments issued by the Court of Appeal in accordance with the cases prescribed in Article 152/1 of the Civil Procedure Law, and final judgments, whatever the court that issued thPleadings — Part One · Source page ٦٢٩
  17. Principle 1333The assignment of a particular type of case to a circuit at the Court of First Instance. It does not concern subject-matter jurisdiction but is rather an administrative organization of work effected by a decision of the Pleadings — Part One · Source page ٦٣٠

  18. محكمة الاستئناف

    Principle 1334Scope of appeal. Determined by what has been appealed and within the limits of the appellant’s claims. The Court of Appeal may not address adjudications of the court of first instance not covered by the notice of appeal.Pleadings — Part One · Source page ٦٣٠
  19. Principle 1335The Court of Appeal may adopt an approach to assessing witness testimony different from that of the court of first instance. Condition thereof.Pleadings — Part One · Source page ٦٣٠
  20. Principle 1336The court of second instance may adopt the reasons of the first-instance judgment without addition whenever it considers them sufficient to dispense with stating anything new. Example concerning reference to the elementsPleadings — Part One · Source page ٦٣٠
  21. Principle 1337Assessment of maintenance of its various types. A matter of fact independently determined by the judge of merits. The Court of Appeal may adopt an assessment differing from that of the court of first instance. It is thenPleadings — Part One · Source page ٦٣٠
  22. Principle 1338The court of second instance. It is not at fault if it does not conduct a new evidentiary inquiry. It may confine itself to the testimony of witnesses heard by the court of first instance and may assess their statements Pleadings — Part One · Source page ٦٣٠
  23. Principle 1339The authority of the court of second instance to reassess the evidence contrary to the assessment of the court of first instance. Its condition.Pleadings — Part One · Source page ٦٣١
  24. Principle 1340The devolutive effect of an appeal means that the Court of Appeal has the power to suffice with the testimony of witnesses in the investigation conducted by the court or instance; it may adopt a conclusion different fromPleadings — Part One · Source page ٦٣١
  25. Principle 1341The Court of Appeal is not obliged to respond to the reasons of the first-instance judgment if it sets it aside, so long as it has based its ruling on grounds sufficient to sustain it.Pleadings — Part One · Source page ٦٣١
  26. Principle 1342The function of the Court of Cassation is to examine violations of law concerning what was before the appellate court, not what had not previously been submitted to it. An example concerning a defence raised before the cPleadings — Part One · Source page ٦٣١
  27. Principle 1343The Court of Appeal's adoption of the reasons of the first-instance judgment without addition. No defect. Condition thereof.Pleadings — Part One · Source page ٦٣١
  28. Principle 1344The Court of Appeal’s obligation to remit the action to the court of first instance if it sets aside its appealed judgment. The criterion therefor.Pleadings — Part One · Source page ٦٣١
  29. Principle 1345The Court of Appeal’s obligation to remit the action to the court of first instance if it reverses its judgment. Its criterion.Pleadings — Part One · Source page ٦٣١
  30. Principle 1346Ordering payment of compensation in the form of periodic payments to the injured person. Within the judge’s discretion. - Assessment of compensation. Within the authority of the court of merits. - The Court of Appeal. ThPleadings — Part One · Source page ٦٣١
  31. Principle 1347Appeal against the judgment terminating the proceedings. Its effect. Judgments issued before it are deemed appealed. The condition thereof. - The authority of the Court of Appeal is confined solely to what has been appeaPleadings — Part One · Source page ٦٣٢
  32. Principle 1348Court of Appeal. Its function is not confined to reviewing the appealed judgment. The dispute is deemed submitted to it for determination anew. It may assess compensation differently from the court of first instance, andPleadings — Part One · Source page ٦٣٢
  33. Principle 1349The Court of Appeal’s reference, in addition to its own reasons, to the reasons of the first-instance judgment even though it differs from it. Its implication.Pleadings — Part One · Source page ٦٣٢
  34. Principle 1350The Court of Appeal may, at the respondent's request, rule that the appeal is deemed never to have been brought. Its condition. Failure to serve the appeal petition on the respondent within 30 days of its submission to tPleadings — Part One · Source page ٦٣٢
  35. Principle 1351The Court of Appeal has general jurisdiction to reconsider the action. Its effect. Example concerning fitness for custody.Pleadings — Part One · Source page ٦٣٢
  36. Principle 1352An appeal transfers the action to the Court of Appeal with all its factual elements and legal evidence, within the limits of what is appealed. The Court of Appeal. It must exercise its oversight over the court of first iPleadings — Part One · Source page ٦٣٢
  37. Principle 1353Applying the correct legal rule to the facts of the action. Within the authority of the Court of Appeal, without regard to the characterization by the parties or the judgment appealed against if contrary to law. The reasPleadings — Part One · Source page ٦٣٢
  38. Principle 1354An appeal transfers the action together with the pleas and grounds of defence previously raised by the respondent, so long as he has not waived them expressly or implicitly. Its effect. The Court of Appeal must address hPleadings — Part One · Source page ٦٣٣
  39. Principle 1355No fault lies with the Court of Appeal if it upholds the appealed judgment or adopts its reasons without addition whenever it considers them sufficient to dispense with stating anything new.Pleadings — Part One · Source page ٦٣٣
  40. Principle 1356Effecting judicial set-off. Its condition. It must be sought by an original action or in the form of an incidental claim. Seeking judicial set-off for the first time before the Court of Appeal. Inadmissible.Pleadings — Part One · Source page ٦٣٣
  41. Principle 1357The devolutive effect of an appeal. Its implication. The Court of Appeal's authority to have the final say in assessing evidence. It may take an approach to assessing witness testimony different from that of the court ofPleadings — Part One · Source page ٦٣٣
  42. Principle 1358The Court of Appeal’s ruling that the arbitrators’ award is void. Its implication. The award ceases to exist with all its effects. The effect thereof. It may not be relied upon.Pleadings — Part One · Source page ٦٣٣
  43. Principle 1359Inadmissibility of new claims on appeal. A rule relating to public order. Determining the true nature of these claims and whether they correspond to or differ from those contained in the notice of appeal. Falls within thPleadings — Part One · Source page ٦٣٣
  44. Principle 1360The scope of the appeal is determined by what is brought thereof before the Court of Appeal. The reason therefor. What determines the portion of the first-instance court’s ruling challenged on appeal is the relief soughtPleadings — Part One · Source page ٦٣٣
  45. Principle 1361The Court of Appeal may adopt an assessment of maintenance different from that of the court of first instance. - 633 - ProcedurePleadings — Part One · Source page ٦٣٣
  46. Principle 1362The Court of Appeal’s confining itself to varying the judgment appealed against. It is then obliged to provide reasons only for what the variation encompasses. Everything else is deemed affirmed through adoption of the rPleadings — Part One · Source page
  47. Principle 1363The devolutive effect of an appeal. Its import: the pleas, grounds of defence, and affirmations submitted to the court of first instance are considered to be before the appellate court unless the memoranda or positions oPleadings — Part One · Source page
  48. Principle 1364Nullity of the judgment appealed against owing to a procedural defect. Its consequence. The appellate court must adjudicate the merits by a new judgment in which it observes the correct procedures.Pleadings — Part One · Source page
  49. Principle 1365Exclusion of the incidental indemnity action for failure to pay the fee. Its effect. It falls outside the scope of the proceedings and is deemed not to be before the Court of Appeal.Pleadings — Part One · Source page
  50. Principle 1366A litigant’s attendance at the hearing specified in the invalid notice of service. Constitutes a waiver by that litigant of reliance on its nullity. Nullity of summonses owing to a defect in service, in the identificatioPleadings — Part One · Source page
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