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

Cassation principles Pleadings — Part Three

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 3,735 available principles

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  1. - الالتفات عن طلب التأجيل أو الإعادة للمرافعة

    Principle 615Request to reopen oral argument. The court of merits is not obliged to grant it, as it is among discretionary matters whose disregard does not render its judgment defective.Pleadings — Part Three · Source page 110
  2. Principle 616Assessment of whether to grant or refuse a request for adjournment to submit documents or to reopen the action for pleadings falls within the authority of the court of merits. The court's disregarding that request. No inPleadings — Part Three · Source page 110
  3. Principle 617Granting a request to reopen pleadings. Within the unrestricted discretion of the court of fact. Omission of reference to this request and its attached documents. Does not vitiate the judgment. The basis thereof.Pleadings — Part Three · Source page 111
  4. Principle 618Granting a request to adjourn the action if it is complete. The court is not obliged to do so. Nor is it obliged to respond except to a material defense. Example.Pleadings — Part Three · Source page 111
  5. Principle 619A request to reopen the action for oral argument. Granting or refusing it lies within the unfettered discretion of the court of merits. Disregarding it does not vitiate its judgment.Pleadings — Part Three · Source page 111

  6. - كفاية إحدى الدعائم التي أقيم عليها الحكم

    Principle 620Granting a litigant’s request to adjourn consideration of the action or reopen pleadings after it has been reserved for judgment. Within the unrestricted discretion of the court of merits. Its disregard of this request. Pleadings — Part Three · Source page 111
  7. Principle 621Basing the judgment on a ground sufficient to sustain it. Challenging it with respect to the remaining grounds. Ineffectual.Pleadings — Part Three · Source page 111
  8. Principle 622Determining the identity of the subject matter in the two actions falls within the trial court's authority. The condition for this. The judgment must rest on tenable reasoning. Challenging the judgment for violation of tPleadings — Part Three · Source page 111
  9. Principle 623Basing the judgment on a ground sufficient to sustain it. A challenge to its remaining grounds. Ineffectual.Pleadings — Part Three · Source page 111
  10. Principle 624The judgment's recording statements of the appellant's witness contrary to what is established in the case papers. Does not vitiate it. The reason therefor. The judgment was based on a second ground sufficient to supportPleadings — Part Three · Source page 111
  11. Principle 625Basing the judgment on a ground sufficient to sustain it. Challenging its second ground. Ineffectual. Example. - 111 - Civil ProcedurePleadings — Part Three · Source page 111
  12. Principle 626The judgment relying on a set of mutually supporting presumptions that complement one another. Its consequence. Each presumption may not be discussed in isolation. An example.Pleadings — Part Three · Source page 112
  13. Principle 627Basing the judgment on several grounds, sufficient. One of them to sustain it. A challenge to the others. Of no avail.Pleadings — Part Three · Source page 112
  14. Principle 628A judgment based on two independent grounds. The sufficiency of one and the absence of any challenge to it. Challenging the other. Ineffectual and futile. Example.Pleadings — Part Three · Source page 112
  15. Principle 629A judgment being based on several grounds, any one of which sustains it. Impugning it in respect of the others. Does not affect it.Pleadings — Part Three · Source page 112
  16. Principle 630A judgment based on two independent grounds. One of them being sufficient to support it. Challenging the other. Ineffectual.Pleadings — Part Three · Source page 112
  17. Principle 631A judgment based on several independent grounds, any one of which sustains it. Challenging it in respect of the others. Ineffectual. Example.Pleadings — Part Three · Source page 112
  18. Principle 632A judgment resting on two independent grounds. Sufficiency of either to sustain it. Challenging the other is of no consequence.Pleadings — Part Three · Source page 112
  19. Principle 633Basing the judgment on an independent ground sufficient in itself to sustain its outcome. Challenging another ground or the infringement of the right of defence relating thereto. Ineffectual. Example.Pleadings — Part Three · Source page 112
  20. Principle 634Basing the judgment on a valid and sufficient ground. Challenging it in respect of other grounds. Ineffectual.Pleadings — Part Three · Source page 112
  21. Principle 635A judgment's being based on a ground sufficient to sustain its result which has not been challenged. Challenging it on another ground. Ineffectual. - 112 - Civil ProcedurePleadings — Part Three · Source page 112
  22. Principle 636The judgment resting on two sufficient grounds that are not challenged. Faulting it in other respects. Ineffective. Example.Pleadings — Part Three · Source page 113
  23. Principle 637Basing the judgment on an independent ground that is not challenged and is sufficient to sustain its ruling. Challenging other grounds. Ineffectual.Pleadings — Part Three · Source page 113
  24. Principle 638Basing the judgment on two independent grounds. The validity of basing it on one of them. Challenging it as regards the other. Ineffectual.Pleadings — Part Three · Source page 113
  25. Principle 639Basing the judgment on a ground sufficient on its own to sustain its adjudication. Impugning it in respect of the other ground. Ineffectual.Pleadings — Part Three · Source page 113
  26. Principle 640The judgment's being based on two grounds, each independent of the other. The sufficiency of one to support it. Challenging it in respect of the other. Ineffective.Pleadings — Part Three · Source page 113
  27. Principle 641Basing the judgment on a ground sufficient to sustain it. Challenging its remaining grounds. Ineffectual.Pleadings — Part Three · Source page 113
  28. Principle 642A judgment founded on two independent grounds. The validity of its foundation on one of them. Challenging the other. Ineffectual.Pleadings — Part Three · Source page 113
  29. Principle 643A judgment's basing its ruling on two grounds, either one of which sustains it. Challenging it as regards the other. Ineffectual. Example.Pleadings — Part Three · Source page 113
  30. Principle 644The judgment being based on two grounds. One of them being sufficient to support it. Challenging the other. Ineffective. Example.Pleadings — Part Three · Source page 113
  31. Principle 645Basing the judgment on two grounds. Sufficiency of one of them. Challenging it with respect to the other ground. Ineffectual. Example. - 113 - Civil ProcedurePleadings — Part Three · Source page 113
  32. Principle 646The validity of one of the judgment's two grounds and its sufficiency to support its ruling. Challenging it in respect of the other ground. Ineffective. Example.Pleadings — Part Three · Source page 114
  33. Principle 647A judgment being based on a valid ground sufficient to support it. Challenging the remainder of its contents. Ineffectual. Example.Pleadings — Part Three · Source page 114
  34. Principle 648A judgment based on two grounds, each independent of the other, either of which can validly support the judgment. Faulting it in respect of one of them. Ineffectual.Pleadings — Part Three · Source page 114
  35. Principle 649Basing a judgment on more than one ground, each independent of the other and sufficient in itself to support it. Challenging it in respect of one of them. Ineffectual.Pleadings — Part Three · Source page 114
  36. Principle 650A judgment resting on two independent grounds, either of which alone may validly support it. Challenging it in respect of the other. Of no consequence.Pleadings — Part Three · Source page 114
  37. Principle 651A judgment basing its ruling on two grounds, one of which is sufficient to sustain it. Challenging the other ground as defective. Unavailing. Example.Pleadings — Part Three · Source page 114
  38. Principle 652A judgment founded on two grounds. The sufficiency of either to sustain it. A challenge to the other. Ineffectual. Example.Pleadings — Part Three · Source page 114
  39. Principle 653A judgment founded on two independent grounds. One of them suffices to support it. Challenging it as defective in respect of the other is unavailing. Example.Pleadings — Part Three · Source page 114
  40. Principle 654Basing a judgment on more than one ground, each independent of the other, where one suffices to support it. Its effect. Challenging it as to the remaining grounds, whatever the view concerning them. Ineffectual. - 114 - Pleadings — Part Three · Source page 114
  41. Principle 655A judgment based on two grounds, each independent of the other, where it could validly have been based on only one. Challenging it as regards the other ground. Ineffectual.Pleadings — Part Three · Source page 115
  42. Principle 656A judgment's being based on two grounds. One of them being sufficient to sustain its ruling. Challenging it as regards the other. Ineffectual.Pleadings — Part Three · Source page 115
  43. Principle 657The judgment resting on a ground sufficient by itself to support its ruling. Faulting it regarding the other ground. Ineffective.Pleadings — Part Three · Source page 115
  44. Principle 658Basing the judgment on two grounds. Sufficiency of one of them to sustain its ruling. Challenging the other ground, even assuming the challenge is correct. Ineffectual.Pleadings — Part Three · Source page 115
  45. Principle 659Basing the judgment on a ground sufficient to support its ruling. Challenging it as regards other grounds. Inadmissible.Pleadings — Part Three · Source page 115
  46. Principle 660Basing the judgment on several grounds, with one of them sufficient to sustain it. Impugning it in respect of the other. Ineffectual. Example.Pleadings — Part Three · Source page 115
  47. Principle 661Basing the judgment on two independent grounds. Its being validly supported by one of them. Its effect. A challenge to the other. Ineffective. Example.Pleadings — Part Three · Source page 115
  48. Principle 662Basing a judgment on a ground sufficient to sustain it. Challenging the remaining grounds. Ineffectual. Example.Pleadings — Part Three · Source page 115
  49. Principle 663A judgment resting on 2 or more grounds. The validity of basing the judgment on one of them. Challenging it in respect of the other grounds. Ineffectual.Pleadings — Part Three · Source page 115
  50. Principle 664A judgment's being based on two grounds, each independent of the other, with one sufficient by itself to sustain the judgment's ruling. Challenging it as regards the other ground. Ineffectual. Example of an ineffectual cPleadings — Part Three · Source page 115
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