المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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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. - القرائن الصحيحة المتساندة

    Principle 772A judgment's reliance on mutually supporting presumptions. Its implication. Each presumption may not be discussed separately.Pleadings — Part Three · Source page 130
  2. Principle 773Basing the judgment on mutually supporting judicial presumptions. Disputing the conclusion reached by the judgment. A factual argument concerning the assessment of evidence that may not be raised before the Court of CassPleadings — Part Three · Source page 130
  3. Principle 774A judgment's being based on mutually supporting evidence and presumptions. It is impermissible to discuss each presumption separately.Pleadings — Part Three · Source page 130
  4. Principle 775The judgment basing its ruling on mutually supporting inferences that collectively lead to the result it reached - 130 - Civil Procedure Disputing the result by discussing each inference separately to establish its insufPleadings — Part Three · Source page 130
  5. Principle 776The judgment's reliance on a set of mutually complementary presumptions leading to the conclusion it reached. Discussing each separately: impermissible.Pleadings — Part Three · Source page 131
  6. Principle 777Basing the judgment on mutually supporting presumptions sufficient to support its ruling. Each presumption may not be discussed in isolation to establish its insufficiency in itself.Pleadings — Part Three · Source page 131
  7. Principle 778Examining and weighing evidence and documents, drawing from them what accords with the facts of the case, and deducing presumptions. Within the authority of the court of merits, provided it is cogent. The court of meritsPleadings — Part Three · Source page 131
  8. Principle 779The judgment's reliance on several mutually supporting presumptions. Each presumption may not be discussed in isolation.Pleadings — Part Three · Source page 131
  9. Principle 780Ascertaining the facts, assessing evidence and assessing witness statements. Within the authority of the court of merits. Its condition. - A judgment resting on several mutually supporting presumptions. Its effect. Each Pleadings — Part Three · Source page 131
  10. Principle 781Basing the judgment on several mutually supporting presumptions. Discussing each presumption separately to establish its insufficiency in itself. Not permissible. - 131 - Civil ProcedurePleadings — Part Three · Source page 131
  11. Principle 782Ascertaining and understanding the facts, assessing and weighing evidence of forgery or its absence, preferring that found convincing and rejecting the rest, and inferring presumptions from the facts of the action and thPleadings — Part Three · Source page 132
  12. Principle 783The judgment resting on a body of mutually supporting inferences. Discussing each inference separately to arrive at its insufficiency. Impermissible.Pleadings — Part Three · Source page 132
  13. Principle 784The court's reliance on a set of mutually complementary presumptions. It is not permissible to discuss each presumption separately to establish its insufficiency.Pleadings — Part Three · Source page 132
  14. Principle 785Ascertaining the facts of the action, deriving judicial presumptions, and assessing witness testimony. Within the trial court's authority. The court relying on a set of presumptions that complement one another. Its effecPleadings — Part Three · Source page 132

  15. - تأجيل إصدار الحكم أكثر من مرتين

    Principle 786The court of the merits' reliance on a collection of presumptions complementing one another. Its effect: discussing each presumption separately is impermissible. - Postponing delivery of judgment more than twice:-Pleadings — Part Three · Source page 132

  16. - الإحالة على حكم آخر

    Principle 787Postponing the issuance of a judgment more than twice. It does not entail its nullity. The basis thereof. - Reference to another judgment:-Pleadings — Part Three · Source page 132

  17. - إغفال الرد على مستندات لم يطلع عليها الخصم

    Principle 789Nullity of the notice of appeal for failure to state the capacities of the parties. Relative. It may be invoked only by the party for whose benefit it was prescribed, among the parties properly joined. He may not invoke Pleadings — Part Three · Source page 133

  18. - إغفال الرد على طلب أو دفاع غير مؤثر أو غير جوهري

    Principle 790The court hearing one litigant or his agent in the absence of his opponent, or accepting documents or memoranda after the close of pleadings without allowing the other litigant to examine them. Impermissible. The judgmenPleadings — Part Three · Source page 133
  19. Principle 791A judgment founded on detailed, effective grounds. Its silence in responding to one of the documents relied upon by a litigant. Does not invalidate it.Pleadings — Part Three · Source page 133
  20. Principle 792A plea that does not confront the judgment's foundation and does not affect the truth it adopted as the basis of its ruling. Disregarding it and not responding to it. No inadequacy of reasoning. Example.Pleadings — Part Three · Source page 133
  21. Principle 793Omitting to quote the texts of some documents referred to in the judgment does not vitiate it.Pleadings — Part Three · Source page 133
  22. Principle 794An objection alleging the invalidity of the expert’s report on the ground that the report contravenes the law or public policy. Its proper forum is not - 133 - Civil Procedure an action to establish a state of affairs. IPleadings — Part Three · Source page 133
  23. Principle 795End-of-service gratuity. The worker may claim it against the previous and current employers together or either of them. His claiming it against the current female employer. A challenge based on the judgment's disregard oPleadings — Part Three · Source page 134
  24. Principle 796Sale of another’s property under the former Commercial Code 2 of 1961 does not transfer ownership of the real property sold unless the true owner ratifies it. Alleging the commercial nature of the transaction. An ineffecPleadings — Part Three · Source page 134
  25. Principle 797The judgment is not open to criticism for failing to discuss the previous litigation, which is an inconclusive presumption. Basing its ruling on the fact that the party's conduct does not constitute an abuse of his rightPleadings — Part Three · Source page 134
  26. Principle 798Refusing a request for referral for an evidentiary hearing. Within the trial court's authority where it finds sufficient material to form its conviction in the action.Pleadings — Part Three · Source page 134
  27. Principle 799Interrogating a litigant. A discretionary power of the court of merits. Its disregard of a request therefor. No defect if it finds in the action sufficient material to form its conviction.Pleadings — Part Three · Source page 134
  28. Principle 800Failure to grant a request to refer the action for evidentiary investigation. No defect, provided that the court has found sufficient material to form its conviction.Pleadings — Part Three · Source page 134
  29. Principle 801Not granting a litigant’s request for permission to obtain a document. No defect. Provided the court has found in the case sufficient material to form its conviction. - 134 - Civil ProcedurePleadings — Part Three · Source page 134
  30. Principle 802A defense relating to a request not submitted in unequivocal terms. The judgment's deficient response thereto. It does not vitiate it. Example concerning the calculation of interest on accrued interest not advanced in unPleadings — Part Three · Source page 135
  31. Principle 805The defence that the court is obliged to answer is one resting on a valid basis in fact and law or on an essential consideration capable of changing the view taken of the action.Pleadings — Part Three · Source page 135
  32. Principle 806Invocation of a plea is restricted to the person for whose benefit it was prescribed. The judgment's disregarding a plea invoked by someone other than the person having an interest in it. Does not vitiate it.Pleadings — Part Three · Source page 135
  33. Principle 808The administration alleging before the court of first instance that the delegation of authority to accept the resignation was oral. Its submission on appeal of a delegation bearing no date from which it could be inferredPleadings — Part Three · Source page 135
  34. Principle 809The defense which the court of merits is obliged to address and express its opinion upon. Its nature. A non-material defense: disregarding it and failing to respond to it does not vitiate the judgment.Pleadings — Part Three · Source page 135
  35. Principle 810Omission of a response to an immaterial defence. Does not constitute inadequacy of reasoning. The reason: the court is obliged to respond only to a material defence. - 135 - Civil ProcedurePleadings — Part Three · Source page 135
  36. Principle 811A judgment basing its ruling on liability for personal acts. A defense based on the litigant having ceased to be the custodian of the building. Has no application to the judgment's ruling. Its disregard of it. Does not vPleadings — Part Three · Source page 136
  37. Principle 812A defence that does not affect the outcome of the judgment. Its disregard thereof. Does not vitiate it. The reason for this.Pleadings — Part Three · Source page 136
  38. Principle 813The sanction of deeming the action or appeal as never having existed. Prescribed for the benefit of the litigant who has not been served. The effect of that.Pleadings — Part Three · Source page 136
  39. Principle 814The defense to which the court of merits is obliged to respond. Its nature. A material defense that is influential and effective in the action and changes the view of the action. Example of an ineffectual defense.Pleadings — Part Three · Source page 136
  40. Principle 815Service of the decision restoring the action to the roll. Not considered renewal of the action following its striking out. No basis for requiring its completion within ninety days. Impugning the judgment that reached thaPleadings — Part Three · Source page 136
  41. Principle 816A defense having no bearing on the action. Impugning the judgment concerning its response to it. Serves no purpose. Example. - Directing a litigant to produce evidence of his defense or drawing his attention to its requiPleadings — Part Three · Source page 136
  42. Principle 818A litigant may join to the litigation whomever he considers should be joined, without permission or a request from the court. A judgment's failure to respond to his request. It does not vitiate it. Example.Pleadings — Part Three · Source page 136
  43. Principle 819The injured party’s waiver of a claim against the liable third party does not prevent him from claiming against the insurer. The insurer’s contention that this waiver entails releasing the liable person from compensationPleadings — Part Three · Source page 136
  44. Principle 820A defence that does not affect the outcome of the judgment. The judgment's disregarding it. Does not vitiate it.Pleadings — Part Three · Source page 137
  45. Principle 821The appellant's complaint that the judgment refused compensation on the basis that two compensations may not be combined. Ineffectual so long as he is not obliged to pay compensation in the first place.Pleadings — Part Three · Source page 137
  46. Principle 822Judicial admission. Its sufficiency. Alone to support the judgment’s ruling. An example of an ineffective challenge.Pleadings — Part Three · Source page 137
  47. Principle 823The judgment's silence in response to a document containing no indication material to the action. No defect.Pleadings — Part Three · Source page 137
  48. Principle 824The court following the appellant through the defenses or requests she raised that do not affect the conclusion it reached. Not necessary. Example.Pleadings — Part Three · Source page 137
  49. Principle 825A defence that does not affect the judgment's result. Its disregarding it. Does not vitiate it. The reason therefor. Example.Pleadings — Part Three · Source page 137
  50. Principle 826Omitting to respond to a defense that does not affect the conclusion reached by the judgment. Does not constitute a deficiency. The reason for this. The court is obliged to respond only to a material defense capable of aPleadings — Part Three · Source page 137
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