المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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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

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  1. جزاء تخلف الإعلان أو التراخي في إتمامه إهمالاً أو عمداً

    Principle 3054The constitution of proceedings on appeal is contingent upon service thereof within thirty days. Exceeding this time limit, its sanction. Permissibility of requesting that the appeal be deemed as if it had never been. ThPleadings — Part Two · Source page ٥٨٤
  2. Principle 3055The plaintiff bears the duty of continuously following up the procedures in his action and taking the legally appropriate measures where there is delay in effecting service. His neglect in this regard. Its consequences. Pleadings — Part Two · Source page ٥٨٤
  3. Principle 3056A ruling deeming the action or appeal as if it had never been brought. Discretionary for the court. The basis therefor. - The respondent's failure to state their original domicile in their statement of claim before the cPleadings — Part Two · Source page ٥٨٤
  4. Principle 3057Contradiction of what is established in the papers. Its effect. Nullity of the judgment. Example of a judgment deeming an appeal as if it had never been brought for failure to serve its statement within thirty days of itPleadings — Part Two · Source page ٥٨٥
  5. Principle 3058Constitution of the adversarial proceedings in the appeal between its parties. Its condition. Service thereof within thirty days from the date of lodging its petition with the Registry. Delay therein. Its effect. The couPleadings — Part Two · Source page ٥٨٥
  6. Principle 3059A ruling deeming the appeal never to have been brought for failure to summon the respondent to appear within thirty days for a reason attributable to the appellant. Permissible for the court and left to its absolute discPleadings — Part Two · Source page ٥٨٥
  7. Principle 3060Failure to summon the defendant to appear within ninety days of filing the statement of claim. Article 49 of the Code of Civil Procedure. Its difference from failure to serve notice of resumption of the action within ninPleadings — Part Two · Source page ٥٨٥
  8. Principle 3062Appeal petition. Its production of its effects from the date of its filing with the Registry. It must be served on the respondent for proceedings to be constituted between its parties, in fulfilment of the principle of cPleadings — Part Two · Source page ٥٨٥
  9. Principle 3065Deeming the appeal as never having been brought. Its condition: failure to observe the time limit for service must be attributable to the plaintiff’s act and the respondent must request it. Imposition of the sanction is Pleadings — Part Two · Source page ٥٨٦

  10. إعلان أمر الأداء

    Principle 3070Objection to a payment order. Its time limit. Ten days from the date of its service. Example of an objection after the time limit.Pleadings — Part Two · Source page ٥٨٧
  11. Principle 3071Service of the petition and the payment order issued, by which the time limit for filing a grievance begins. What is required therein. Its subjection to the rules governing service of judicial documents and the rules forPleadings — Part Two · Source page ٥٨٧
  12. Principle 3072The debtor may lodge a grievance against a payment order within ten days from the date it is served upon him. It may be appealed directly within a period of thirty days plus the grievance period.Pleadings — Part Two · Source page ٥٨٨
  13. Principle 3073Service of the petition for a payment order and the order issued thereon, which starts the time limit for a grievance. Its condition. It must be directed to the debtor personally, at their original domicile, or at their Pleadings — Part Two · Source page ٥٨٨
  14. Principle 3074Time limit for challenging a payment order. It runs from the date of its service on the debtor. Calculation of the period for forfeiture of the right to challenge from that date. A challenge by the person against whom thPleadings — Part Two · Source page ٥٨٨
  15. Principle 3075Payment orders. The legislature's placing them on the same footing as default judgments. The necessary consequence: they must be served on the debtor personally or at his original domicile or workplace. Articles 129, 169Pleadings — Part Two · Source page ٥٨٨
  16. Principle 3076Service of judicial documents on the Public Prosecution. An exception. Resorting to it. Its condition: conducting - 588 - Procedure sufficient inquiries to ascertain the residence of the person to be served. The return oPleadings — Part Two · Source page ٥٨٨
  17. Principle 3077The time limit for lodging a grievance against a payment order. It runs from the date the order is served upon the debtor. Calculation of the period for forfeiture of the right to lodge a grievance from that date. A griePleadings — Part Two · Source page ٥٨٩

  18. إعلان الحجز

    Principle 3078Service of the petition for a payment order and the order issued thereon, which starts the time limit for a grievance. Its condition. It must be directed to the debtor personally, at their original domicile, or at their Pleadings — Part Two · Source page ٥٨٩
  19. Principle 3079Failure of the notice of the attachment document to include the particulars stipulated in Article 230 of the Civil Procedure Law. Its effect. Nullity of the attachment. Every interested person may invoke this nullity.Pleadings — Part Two · Source page ٥٨٩

  20. إعلان الحكم

    Principle 3087The time limit for challenging a judgment. When it begins. - The time limit for appeal. How it is calculated. Example.Pleadings — Part Two · Source page ٥٩١
  21. Principle 3088Establishment of the wife's disobedience that forfeits her maintenance. The criterion for its realization: issuance of a judgment obliging her to enter into obedience to her husband in the Sharia-compliant residence prepPleadings — Part Two · Source page ٥٩١
  22. Principle 3089The time limit for appeal is thirty days unless the law provides otherwise. - Challenging judgments from the date of their pronouncement as a general rule. The exception: its nature. Example.Pleadings — Part Two · Source page ٥٩١
  23. Principle 3090An appeal against a judgment begins from the date of its issuance. Failure of the party against whom judgment was rendered to attend all hearings scheduled for consideration of the action and to submit a memorandum of dePleadings — Part Two · Source page ٥٩١
  24. Principle 3091The wife's entitlement to maintenance. Its basis is the valid marriage contract that binds her to the husband, even if she is in her father's house. Forfeiture of her right thereto. Its condition. Her refusal to obey himPleadings — Part Two · Source page ٥٩١
  25. Principle 3092Pronouncement of a judgment ordering an evidentiary measure other than the decisive oath. Deemed notification to the litigants of the scheduled hearing, whether or not they attended the hearing at which it was pronouncedPleadings — Part Two · Source page ٥٩١
  26. Principle 3093Service on the heirs of the judgment debtor—in the event of death—which starts the time limit for appealing the judgment. - 591 - Procedure Its condition. That it be effected at the deceased’s last domicile, even if any Pleadings — Part Two · Source page ٥٩١
  27. Principle 3095A judgment ordering an evidentiary procedure. Its pronouncement constitutes notice to the litigants. Article 4 of the Law of Evidence.Pleadings — Part Two · Source page ٥٩٢
  28. Principle 3096Service of the judgment. Must be on the judgment debtor personally or at his original domicile or workplace. The reason for this. Its effect on the commencement of time limits for challenge. The implication thereof. The Pleadings — Part Two · Source page ٥٩٢
  29. Principle 3097The law making the commencement of a time limit dependent upon a particular procedure. Its effect. That procedure may not be replaced by any other procedure. The consequence of this. Proof that the person to be served haPleadings — Part Two · Source page ٥٩٣
  30. Principle 3098The wife's maintenance. The condition for its being obligatory. That she surrender herself to her husband, even constructively. Its basis: the valid marriage contract by which she is bound for the husband's right, so thaPleadings — Part Two · Source page ٥٩٣
  31. Principle 3099The time limit for challenging a judgment by a judgment debtor who failed to attend all hearings scheduled for consideration of the action and did not submit a memorandum of defence. Begins from the date the judgment is Pleadings — Part Two · Source page ٥٩٣
  32. Principle 3100Service of the judgment that starts the time limit for appealing it is subject to the general rules prescribed for service of judicial documents. The basis therefor: Articles 4 through 12 of the Law of Procedure. ObservaPleadings — Part Two · Source page ٥٩٣
  33. Principle 3101Commencement of the period for appealing a judgment. The general rule. From the date of its pronouncement. The exception: from the date of service of the judgment. Cases encompassed by this exception include the case whePleadings — Part Two · Source page ٥٩٤

  34. إعلان الحكم الصادر بإجراء من إجراءات الإثبات

    Principle 3102The wife’s disobedience that extinguishes her right to maintenance. Its criterion. Proof of her refusal to comply with the final judgment ordering her to enter into obedience to her husband after service thereof upon herPleadings — Part Two · Source page ٥٩٤
  35. Principle 3103A decision to reopen pleadings in the action. Its being deemed notice of the new date. Its condition. Continuation of the hearings in sequence. If the sequence is interrupted, the parties must be notified of the new hearPleadings — Part Two · Source page ٥٩٤
  36. Principle 3104A judgment rendered in the absence of the person required to take the decisive oath. Its operative part must be served upon that person. Article 68 of the Evidence Law. The provision prescribing service in absolute termsPleadings — Part Two · Source page ٥٩٤

  37. إعلان الحكومة والمؤسسات العامة

    Principle 3133Service upon government departments and companies or associations. Its manner. - Nullity of a procedural act. Its cases. Where the law so provides or where it is affected by a substantial defect resulting in prejudice toPleadings — Part Two · Source page ٦٠٠
  38. Principle 3134Statements of appeals brought against the Government and public institutions must be served. At the headquarters of the Fatwa and Legislation Department.Pleadings — Part Two · Source page ٦٠٠
  39. Principle 3135Service of statements of administrative claims shall be at the headquarters of the Department of Legal Advice and Legislation, which is entrusted with appearing on behalf of the Government to defend it and signing the stPleadings — Part Two · Source page ٦٠٠
  40. Principle 3136Service of an appeal petition upon government bodies and public institutions is effected at the headquarters of the Department of Legal Advice and Legislation. - Procedures for submitting and deciding a grievance againstPleadings — Part Two · Source page ٦٠٠

  41. إعلان الأشخاص الاعتبارية والجمعيات

    Principle 3138Service on an association is directed to its administrative headquarters by delivering the copy to its legal representative, one of those responsible for its management, or whoever acts in its place. If the association hPleadings — Part Two · Source page ٦٠١
  42. Principle 3139The existence of a management headquarters for a legal person. It must be served there. Failure to do so. Its effect. Invalidity of service. - The management headquarters of a private legal person. Its definition.Pleadings — Part Two · Source page
  43. Principle 3141Closure of the company’s administrative headquarters which does not in itself indicate cessation of its activity there. Its effect. Validity of service upon it through the officer in charge of the police station, withoutPleadings — Part Two · Source page
  44. Principle 3142A request for removal of the manager of a limited liability company appointed by its general meeting, and a non-managing partner’s request to be enabled to inspect the company’s books and receive annual profits: each is Pleadings — Part Two · Source page
  45. Principle 3143Service on companies is valid by delivery of a copy at their management headquarters to whoever acts in place of their representative, those responsible for their management, or one of the general partners. What is not rPleadings — Part Two · Source page
  46. Principle 3144The dissolution of a company does not result in the extinction of its legal personality, which it retains throughout the liquidation period. - The liquidator has capacity to represent the company before the courts througPleadings — Part Two · Source page
  47. Principle 3145Omission to deliver a copy of the notice of appeal to those mentioned in Article 7 of the Code of Civil Procedure and merely serving the appeal upon the district headman after an employee of the respondent company who haPleadings — Part Two · Source page
  48. Principle 3146A company has a legal personality independent of its manager’s personality. Directing the action against the company without mentioning the name of its representative in the notice served upon it is sufficient for its vaPleadings — Part Two · Source page
  49. Principle 3147Private legal persons whose head office is abroad and which carry on activities in Kuwait. Their business domicile for purposes of domestic law is the place where the local administration is located. Assessment of the exPleadings — Part Two · Source page
  50. Principle 3149Companies jointly owned by Kuwaitis and non-Kuwaitis. The legislature's departure from the general rules regarding the bringing, registration, service, and hearing of the action and appeals therein. Service may be delivePleadings — Part Two · Source page
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