المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Pleadings — Part Two

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 3,806 available principles

Search this collection

  1. الإعلان في محل العمل

    Principle 2931Service at the domicile or workplace. Its procedures. - Inquiring into the domicile at which service may validly be effected and verifying whether service occurred or not. A matter of fact exclusively within the trial coPleadings — Part Two · Source page ٥٦٤
  2. Principle 2932Making inquiries and searching for the domicile of the recipient of service. This falls upon the party requesting service. His inability to do so does not constitute force majeure. - Assessing the existence of a domicilePleadings — Part Two · Source page ٥٦٤
  3. Principle 2933Permissibility of serving a person at his workplace. The steps the process server must follow. - 564 - Civil Procedure Omission of those steps. Its effect. Nullity of service. The implication thereof. Nullity of the judgPleadings — Part Two · Source page ٥٦٤
  4. Principle 2934Service at the workplace of the person to be served. Its procedures. Article 9 of the Law of Procedure. The process server’s failure to state the name of the person addressed at the premises, or his signature, or the timPleadings — Part Two · Source page ٥٦٥
  5. Principle 2935Verification of the fact that service occurred. A factual matter, so long as the verification is supported by the case papers. - Service on a person at the workplace. Permissible. Article 9 of the Civil Procedure Code.Pleadings — Part Two · Source page ٥٦٥
  6. Principle 2936Service at the workplace. A copy of the process must be delivered to whoever states that he is among those managing the premises or among those working therein. If the person to be served is not found at his workplace, oPleadings — Part Two · Source page ٥٦٥

  7. الإعلان في الموطن المختار

    Principle 2937The workplace at which service is recognized. It is the place where the person conducts a trade or craft or manages his assets. The appellant's plea that service of the judgment on him at the company's headquarters is inPleadings — Part Two · Source page ٥٦٥
  8. Principle 2944Service of a cassation appeal at the elected domicile. The criterion for its validity. - Service through the Public Prosecution. When recourse to it is permissible.Pleadings — Part Two · Source page ٥٦٦
  9. Principle 2947When service of an appeal at the respondent's last elected domicile is valid. - 566 - Civil ProcedurePleadings — Part Two · Source page ٥٦٦
  10. Principle 2949An appeal may be served at the elected address if the respondent is the plaintiff or appellant and has not stated his original domicile or place of work in any of the papers in the action.Pleadings — Part Two · Source page ٥٦٧
  11. Principle 2950Service of the cassation appeal petition at the elected domicile despite knowledge of the residence. Submission by the person served of a memorandum in reply within the time limit. No invalidity. The reason therefor.Pleadings — Part Two · Source page ٥٦٧
  12. Principle 2951Service of a challenge at the elected domicile. Its prerequisite. That the party has adopted it as his domicile in the document serving the judgment or in the other documents of the action. The rationale thereof. - The aPleadings — Part Two · Source page ٥٦٧
  13. Principle 2952The condition for valid service of an appeal at the elected domicile. That the party must have designated it as such in the document serving the judgment.Pleadings — Part Two · Source page ٥٦٧
  14. Principle 2953The agent's domicile is recognised for service only at the level of litigation for which he was appointed. The effect thereof. Service of the appeal at the agent's domicile is precluded. The exception. The respondent's aPleadings — Part Two · Source page ٥٦٧
  15. Principle 2954A litigant's cancellation of the elected domicile. The opposing party must be expressly notified thereof; otherwise, service there is valid. Merely a new elected domicile. Does not constitute sufficient evidence of cancePleadings — Part Two · Source page ٥٦٧
  16. Principle 2955The respondent's failure to state his original domicile. Its effect. Service on him at his last elected domicile. Reason therefor.Pleadings — Part Two · Source page ٥٦٨
  17. Principle 2956Service of papers necessary for the progress of the action at the representative's domicile is valid only at the level of litigation for which he is appointed. When service there is valid as an elected domicile.Pleadings — Part Two · Source page ٥٦٨
  18. Principle 2957Permissibility of serving an appeal at the elected address if the respondent is the plaintiff or appellant and has not indicated his original domicile or workplace in any of the case papers. The reason therefor.Pleadings — Part Two · Source page ٥٦٨
  19. Principle 2958Service of the documents necessary for proceeding with the action at the agent's address. Effective only at the level of litigation for which he has been appointed.Pleadings — Part Two · Source page ٥٦٨
  20. Principle 2959The agent’s domicile is recognised for service of documents necessary for the conduct of the action at the level of litigation for which he is authorised. This applies to service of amendments to claims at the same levelPleadings — Part Two · Source page ٥٦٨
  21. Principle 2960Service of the appeal at the elected address. The criterion for its validity. What matters in service is actual delivery of the copy of the pleading to the person intended to be served. The procedures the process server Pleadings — Part Two · Source page ٥٦٨
  22. Principle 2961When the commercial agent's domicile is considered a domicile of the principal. - 568 - Civil ProcedurePleadings — Part Two · Source page ٥٦٨
  23. Principle 2963Filing the appeal petition. Its effect. Its effects take effect. It must be validly served within thirty days from the filing date to constitute the proceedings. Delay in service beyond this time limit. Effect thereof. TPleadings — Part Two · Source page ٥٦٩
  24. Principle 2964What is required for service of an appeal at the elected domicile. Failure to satisfy that requirement. Its effect.Pleadings — Part Two · Source page ٥٦٩
  25. Principle 2965An appeal may be served at the elected domicile. The exception. Its criterion.Pleadings — Part Two · Source page ٥٦٩
  26. Principle 2966Service of the statement of appeal within thirty days of its filing. A procedure necessary for the constitution of the proceedings. - The respondent's right to request that the appeal be deemed never to have existed wherPleadings — Part Two · Source page ٥٦٩
  27. Principle 2967Invalidity of service, although expressly provided for, does not arise if no prejudice to the litigant results. - Service of the appeal petition on the respondent at the respondent's lawyer's office as the elected domiciPleadings — Part Two · Source page ٥٦٩
  28. Principle 2968Cancellation of the original or elected domicile at which documents necessary for the progress of the action may be served. Its effect. The opposing party must be expressly notified thereof; otherwise, service there is vPleadings — Part Two · Source page ٥٦٩
  29. Principle 2969Service at the elected domicile. Its condition. The party's adoption of an elected domicile in the document serving the judgment, expressing his wish to that effect. - Service on the respondent at a lawyer's office as hePleadings — Part Two · Source page ٥٧٠
  30. Principle 2970Failure to state the respondent’s domicile in the original action, if he was the plaintiff therein, or its lack of clarity. Its implication. Permissibility of serving him at his last elected domicile before the court of Pleadings — Part Two · Source page ٥٧٠
  31. Principle 2971Service on the tenant of the judgment referring the matter to the commercial circuit. Its completion at the competent police station because the leased premises, which he designated as his elected domicile, were closed, Pleadings — Part Two · Source page ٥٧٠

  32. الإعلان في مواجهة النيابة العامة

    Principle 2972Validity of service at the elected domicile. Its criterion. That the litigant designate it as a domicile in the document serving the judgment. Reason thereof. 5- Service through the Public Prosecution:-Pleadings — Part Two · Source page ٥٧٠
  33. Principle 2974Service of judicial documents upon the Public Prosecution. An exception. Its condition. Conducting searches and inquiries to ascertain the domicile of the person to be served and failing to locate it.Pleadings — Part Two · Source page ٥٧١
  34. Principle 2975Service of an appeal is effected on the party personally or at his original place of residence. Service at the elected domicile. When it is valid. The representative's domicile is recognised for service of the papers necPleadings — Part Two · Source page ٥٧١
  35. Principle 2977Service of judicial papers upon the Public Prosecution. An exception. Its condition. The party requesting service must conduct searches and inquiries to ascertain the domicile of the person to be served and fail to locatPleadings — Part Two · Source page ٥٧١
  36. Principle 2978The appeal must be served on the litigant personally or at the elected place of residence. Service through the Public Prosecution. An exception that is valid only after searching and inquiring into the intended recipientPleadings — Part Two · Source page ٥٧١
  37. Principle 2979Service of an appeal is effected upon the party personally, at their original residence, or at their elected residence indicated in the document serving the judgment. - Service of an appeal upon a person having a known rPleadings — Part Two · Source page ٥٧١
  38. Principle 2981Service of an appeal on the party himself, at his original place of residence or at his elected place of residence. Constructive service through the Public Prosecution. Condition for its validity. The applicant for serviPleadings — Part Two · Source page ٥٧٢
  39. Principle 2983A cassation appeal is not deemed filed unless its petition is validly served within the prescribed time limit for filing it and in the manner specified by law. Law 40 of 1972 concerning the Cases and Procedures of CassatPleadings — Part Two · Source page ٥٧٢
  40. Principle 2984A cassation appeal is not considered brought unless it is validly served within the time limit specified for bringing it and in the manner with which the law requires compliance. Articles 4 and 5 of Law 40 of 1972. - SerPleadings — Part Two · Source page ٥٧٢
  41. Principle 2986Service of judicial documents at the Public Prosecution. Condition for its validity. - 572 - Civil ProcedurePleadings — Part Two · Source page ٥٧٢
  42. Principle 2987The sufficiency of the inquiries preceding service through the Public Prosecution. The court of merits independently assesses it.Pleadings — Part Two · Source page
  43. Principle 2988Service of the statement of claim through the Public Prosecution. Condition for its validity. Example.Pleadings — Part Two · Source page
  44. Principle 2989Service through the Public Prosecution. The condition for its validity. It must be preceded by the process server's conducting sufficient, precise inquiries to ascertain the residence of the person to be served. Is that Pleadings — Part Two · Source page
  45. Principle 2991Invalidity of service upon the Public Prosecution owing to insufficient inquiries. A relative nullity which may be invoked only by the person for whose benefit it was prescribed. Parties properly joined may not invoke thPleadings — Part Two · Source page
  46. Principle 2992Service through the Public Prosecution. An exception. Valid only after sufficient, precise inquiries. The nature of those inquiries. - Assessment of the sufficiency of inquiries depends on the circumstances of each case Pleadings — Part Two · Source page
  47. Principle 2993Service through the Public Prosecution. An exception to which recourse is not permissible except after conducting sufficient and precise inquiries to ascertain the residence of the person to be served. - Assessment of thPleadings — Part Two · Source page
  48. Principle 2994Failure to identify a known domicile for the intended recipient within the State of Kuwait and abroad. Validity of service through the Public Prosecution and calculation of the time limit for appeal from that date. - 573Pleadings — Part Two · Source page
  49. Principle 2996The sufficiency of the inquiries preceding service upon the Public Prosecution. Its assessment is exclusively for the court of merits, provided that its ruling is based on sound reasons.Pleadings — Part Two · Source page
  50. Principle 2997Inquiries preceding service through the Public Prosecution. Their assessment falls within the authority of the trial court.Pleadings — Part Two · Source page
PreviousPage 52 of 76Next