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. محكمة الاستئناف

    Principle 1367Investigation by witness testimony, although it may be requested at any stage of the action, even before the Court of Appeal; nevertheless, where the court of first instance ordered it and the person bearing the burden oPleadings — Part One · Source page ٦٣٤
  2. Principle 1368The Court of Appeal may assess witness testimony differently from the court of first instance and need not refute what the court of first instance inferred from the evidence. The condition for that.Pleadings — Part One · Source page ٦٣٥
  3. Principle 1369The sanction of deeming the appeal as if it had never been filed because of the invalidity of service of its originating pleading within the time limit. The condition for imposing it. - A judgment deeming the appeal as iPleadings — Part One · Source page ٦٣٥
  4. Principle 1370Compensation redressing damage of both types. Its assessment. Within the authority of the court determining the merits. - The Court of Appeal's adjustment of the amount of compensation upward or downward. Within the scopPleadings — Part One · Source page ٦٣٥
  5. Principle 1371The Court of Appeal's proceeding to determine alternative claims that the court of first instance did not determine. Impermissible. The reason for this. An example.Pleadings — Part One · Source page ٦٣٥
  6. Principle 1372Applying the sanction of deeming the appeal never to have been brought. Within the authority of the court hearing the merits. The condition for this.Pleadings — Part One · Source page ٦٣٥
  7. Principle 1373The Court of Appeal may adopt the reasons of the first-instance judgment without adding a response to the appellant's defence where the first-instance judgment contains an implicit response to that defence. An example.Pleadings — Part One · Source page ٦٣٥
  8. Principle 1374The Court of Appeal is not obliged to respond to the reasons of the first-instance judgment that it reversed.Pleadings — Part One · Source page ٦٣٥
  9. Principle 1375The Court of Appeal's adoption of the grounds of the first-instance judgment without addition. Does not vitiate its judgment.Pleadings — Part One · Source page ٦٣٥
  10. Principle 1376Not worsening the appellant’s position through the appeal brought by that appellant alone. Not permissible. - Appeal by both the injured party and the liable party against the compensation judgment. The Court - 635 - ProPleadings — Part One · Source page ٦٣٥
  11. Principle 1377Constitution of the proceedings. Its criterion. - Invalidity of service of the statement of claim. Its effect. The Court of Appeal rules that the judgment appealed against is void without proceeding to determine the meriPleadings — Part One · Source page ٦٣٦
  12. Principle 1378Service of the appeal petition within thirty days of its filing is a necessary procedure for the constitution of the proceedings. - The respondent's right to request that the appeal be deemed never to have existed where Pleadings — Part One · Source page ٦٣٦
  13. Principle 1379The scope of the appeal is determined not by all the claims submitted to the court of first instance, but by those submitted to the Court of Appeal. - The Court of Appeal may not adjudicate matters not sought in the petiPleadings — Part One · Source page ٦٣٦
  14. Principle 1380The court of second instance may determine the merits of the action when ruling to set aside the first-instance judgment.Pleadings — Part One · Source page ٦٣٦
  15. Principle 1381Deeming an appeal never to have existed because of the appellant’s delay in properly serving its notice within thirty days from its deposit. Ruling to that effect. Discretionary for the court. The condition thereof. - SePleadings — Part One · Source page ٦٣٦
  16. Principle 1383A conclusive judicial judgment has the authority of res judicata from the day of its issuance even if it is open to challenge. The effect thereof. Appealing it renders this authority temporary pending determination of thPleadings — Part One · Source page ٦٣٧
  17. Principle 1384The requirement that the defendant or respondent have standing in actions for annulment of administrative decisions. It concerns public order. Its effect. The court may address and examine it and rule upon it of its own Pleadings — Part One · Source page ٦٣٧
  18. Principle 1385The court is bound by the parties' claims in the action. - Defining the scope of the action before the Court of Appeal by the request for judicial divorce, excluding its resulting financial consequences. The appellant's Pleadings — Part One · Source page ٦٣٧
  19. Principle 1386The proceedings in an action. Their existence begins with filing the statement of claim and is subject to the condition of its valid service. Failure to satisfy this condition up to the issuance of the first-instance judPleadings — Part One · Source page ٦٣٧
  20. Principle 1387The challenged judgment’s reliance on the reports of the arbitrators appointed by the appellate court rather than the testimony of the respondent’s witnesses, without inferring the harm warranting separation, unlike the Pleadings — Part One · Source page ٦٣٨
  21. Principle 1388The appellate court’s confining itself to varying the judgment appealed against. It is obliged to give reasons only for the part covered by the variation. What is not covered is as though adjudged affirmed. The reasons oPleadings — Part One · Source page ٦٣٨
  22. Principle 1389Claims presented to the appellate court. Their scope. What the court of first instance determined and what was appealed. New claims on appeal are inadmissible.Pleadings — Part One · Source page ٦٣٨
  23. Principle 1390Reliance on foreign legislation. A mere fact which the party asserting it must prove before the court of merits. - The appellant's failure to submit an official copy of Egyptian law despite insisting on the application oPleadings — Part One · Source page ٦٣٨
  24. Principle 1391The devolutive effect of an appeal. Its import. - The appellate court's obligation to respond to pleas raised before the court of first instance. Its condition: that they have not been waived expressly or impliedly. ImplPleadings — Part One · Source page ٦٣٨
  25. Principle 1392The appellate court may differ from the court of first instance in assessing maintenance. The reason and condition for this.Pleadings — Part One · Source page ٦٣٨
  26. Principle 1393A claim for equivalent performance. Permissible before the Court of Appeal while retaining the original claim. - The judgment's award of the amount claimed as equivalent performance without relying on the void contract. Pleadings — Part One · Source page ٦٣٨
  27. Principle 1394Granting or refusing a request for evidentiary investigation. Within the authority of the court of merits. The condition for this. - 638 - Civil Procedure - The appellate court's express refusal of a request to refer thePleadings — Part One · Source page ٦٣٨
  28. Principle 1395The Court of Appeal may assess witness testimony differently from the court of first instance without refuting its assessment. What suffices for that purpose.Pleadings — Part One · Source page ٦٣٩
  29. Principle 1396The appellate court's ruling admitting the appeal as to form implicitly entails a ruling rejecting the plea that the appeal be deemed never to have been brought. Example.Pleadings — Part One · Source page ٦٣٩
  30. Principle 1397The devolutive effect of the principal appeal and the incidental or cross-appeal. Its limits. - The appellate court has the power to decide the dispute submitted to it in all its aspects, whether for the principal appellPleadings — Part One · Source page ٦٣٩
  31. Principle 1398The appellate court’s affirmance of the first-instance judgment. This signifies that it adopted those reasons thereof that do not conflict with its own reasons.Pleadings — Part One · Source page ٦٣٩
  32. Principle 1399Invalidity of the appealed judgment for a defect that does not extend to the statement of claim, in respect of which the court of first instance exhausted its jurisdiction by adjudicating it. The Court of Appeal must notPleadings — Part One · Source page ٦٣٩
  33. Principle 1400The appellate court's ruling that the action is inadmissible, contrary to the ruling of the court of first instance. The ground of challenge directed against the latter judgment is inadmissible because it has no object.Pleadings — Part One · Source page ٦٣٩
  34. Principle 1401Compensation making good the damage in its two elements. Its assessment. A matter of fact. The condition therefor. - The appellate court’s adjustment of the amount of compensation upwards or downwards. Within its discretPleadings — Part One · Source page ٦٣٩
  35. Principle 1402The scope of the appeal. Determined not by the claims previously presented at first instance but by those submitted to the appellate court. The effect of that. The ruling of the court of first instance on the remaining mPleadings — Part One · Source page ٦٤٠
  36. Principle 1403The obligation of the Court of Appeal to remit the case to the court of first instance. Its prerequisite and rationale. - The court of first instance deciding the case by dismissal for failure of proof. Its effect. ExhauPleadings — Part One · Source page ٦٤٠
  37. Principle 1404Reconsideration for a second time before the Court of Appeal of a case decided by the Court of First Instance. Is the fundamental pillar of the two-tier litigation system. Example.Pleadings — Part One · Source page ٦٤٠
  38. Principle 1405A request for an evidentiary inquiry through witness testimony. It may be submitted at any stage of the proceedings. A litigant being afforded the opportunity to produce rebuttal witnesses before the court of first instaPleadings — Part One · Source page ٦٤٠
  39. Principle 1407The Court of Appeal’s error in understanding the facts of the action concerning the date of the increase in the appellant’s income, when increasing the minor girl’s maintenance and making that increase effective from a dPleadings — Part One · Source page ٦٤٠
  40. Principle 1408An appeal transfers the action in the state it was in before the appealed judgment was issued, solely in respect of what has been appealed. Article 144 of the Civil Procedure Law. Its implication: the court of second insPleadings — Part One · Source page ٦٤١
  41. Principle 1409The Court of Appeal. It has full jurisdiction to reconsider the action within the limits of what has been appealed. It may differ from the court of first instance in assessing compensation. The condition for this.Pleadings — Part One · Source page ٦٤١
  42. Principle 1410The Court of Appeal may take an approach in assessing maintenance different from the assessment of the court of first instance. Its condition.Pleadings — Part One · Source page ٦٤١
  43. Principle 1411The impermissibility of submitting new claims on appeal. Its connection with public policy. - New claims. Their nature. - The appellant's request before the court of first instance for the appointment of an expert to parPleadings — Part One · Source page ٦٤١
  44. Principle 1412The Civil Circuit of the Court of Appeal. Its jurisdiction to determine the assessment of lawyers’ fees where there is no written agreement concerning them or where that agreement is void. Its judgment issued in this resPleadings — Part One · Source page ٦٤١
  45. Principle 1413The Court of Appeal. Its jurisdiction in respect of an application for a composition to avert bankruptcy submitted to it for the first time. Its nature. - 641 - Civil ProcedurePleadings — Part One · Source page ٦٤١
  46. Principle 1414The Court of Appeal. Its right to examine the action and review the adjudication of the court of first instance. Within the limits of what has been appealed. An example concerning assessment of divorce consolation compenPleadings — Part One · Source page
  47. Principle 1415The scope of the appeal is determined by the claims submitted before the court of first instance, within the limits of what has been appealed. Consequence: neither the court nor the litigants may change their substance oPleadings — Part One · Source page
  48. Principle 1416Litigation at 2 levels. Its connection with public policy. Neither the court may contravene it nor the litigants waive it. The first-instance court limiting itself to deciding a formal or procedural plea. It does not thePleadings — Part One · Source page
  49. Principle 1417An appeal against a decision issued by the Civil Circuit of the Court of Appeal assessing a lawyer’s fees—in the absence of a written agreement—is inadmissible. Article 32/1 of Law 42 of 1964 concerning the regulation ofPleadings — Part One · Source page
  50. Principle 1418A ruling by the court of first instance that the action is inadmissible for reasons relating to its merits. It thereby exhausts its jurisdiction. Its consequence: where the Court of Appeal rules to set it aside, it must Pleadings — Part One · Source page
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