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. سليم

    Principle 893A judgment's omission to respond to a request or defense that has no effect on the action and is manifestly unsound. Does not vitiate it.Pleadings — Part Three · Source page 146
  2. Principle 897Calling out the sale. Its purpose. The sales judge’s instructing the hearing clerk to call out and read the sale announcement under his supervision, and recording this in the minutes of the hearing for effecting the salePleadings — Part Three · Source page 146
  3. Principle 898A defense that does not rest on a valid basis. The judgment is not obliged to respond to it.Pleadings — Part Three · Source page 146
  4. Principle 899A manifestly invalid plea. The trial court's disregard thereof. No defect. - An application to annul the decision refusing to grant special leave and its consequential effects, particularly the acceptance of the resignatPleadings — Part Three · Source page 146
  5. Principle 902Establishment of the impossibility of partitioning the property in kind because that conflicts with the regulations in force at the Municipality of - 146 - Civil Procedure - Kuwait, and because the building on the two plPleadings — Part Three · Source page 146
  6. Principle 904A defense that does not rest on a sound legal basis. Failure to respond to it does not vitiate the judgment.Pleadings — Part Three · Source page 147
  7. Principle 905A manifestly unsound defense contrary to what is established in the record. No fault attaches to the judgment if it does not respond to it. Example.Pleadings — Part Three · Source page 147
  8. Principle 906A manifestly unsound defense. The challenged judgment's disregard thereof and failure to set it out or answer it. Involves no violation of the law.Pleadings — Part Three · Source page 147
  9. Principle 907The court is not obliged to respond to a defence not resting on a sound legal basis. Example.Pleadings — Part Three · Source page 147
  10. Principle 910The judgment's failure to examine a defense that does not rest on a sound legal basis. This does not render it defective for inadequate reasoning.Pleadings — Part Three · Source page 147
  11. Principle 911The female appellant’s contention in an administrative dispute that she was not served with the statement of appeal within the thirty days following its filing with the court registry, that this was attributable to the aPleadings — Part Three · Source page 147
  12. Principle 912A defence not founded on a sound basis in fact and law. The judgment need not respond to it. - 147 - Civil Procedure - The provision in Article 297 of the Civil Procedure Code requiring service of the travel-ban order onPleadings — Part Three · Source page 147

  13. - إغفال الرد على دفاع لا يصادف محلاً من الحكم

    Principle 913A judgment issued by the court entrusted with hearing grievances against orders on petitions. An interim judgment that does not affect the substance of the right. The judge's determination of the grievance is within the Pleadings — Part Three · Source page 148
  14. Principle 914An appeal in cassation does not extend beyond the challenged judgment and does not entail challenging all previously issued judgments. The basis for this. - Limiting the appeal in cassation to the final appellate judgmenPleadings — Part Three · Source page 148

  15. - إغفال الرد على القول المرسل أو الدفاع المتجرد من دليله

    Principle 915A judgment's correctly concluding that the appeal is to be treated as nonexistent without addressing its merits. A challenge concerning anything else. It is directed at no subject. - Omission to respond to a bare assertiPleadings — Part Three · Source page 148
  16. Principle 916The trial court. Is not obliged to direct litigants to the requirements of their defense. - 148 - Civil ProcedurePleadings — Part Three · Source page 148
  17. Principle 920A request or defence whose proponent has not submitted evidence of it or the document relied upon to establish it. The judgment's rejection of it. Does not vitiate it.Pleadings — Part Three · Source page 149
  18. Principle 921Requiring the trial court to adjudicate a defense for which no evidence has been submitted. Impermissible.Pleadings — Part Three · Source page 149
  19. Principle 922The defense to which the court of merits is obliged to respond. It is a material defense. When a defense is considered material. Example of an immaterial defense.Pleadings — Part Three · Source page 149
  20. Principle 924The court of merits may not be required to decide a defence whose supporting document has not been submitted to it. Or the evidence thereof. Reason thereof.Pleadings — Part Three · Source page 149
  21. Principle 925The court's disregarding an allegation for which the party has provided no evidence, and its refusal to interrogate the other party concerning that allegation. No defect.Pleadings — Part Three · Source page 149
  22. Principle 926A defense for which no evidence has been submitted. The trial court is not obliged to respond to it. An example. - 149 - Civil ProcedurePleadings — Part Three · Source page 149
  23. Principle 927A defense for which no evidence was submitted. The judgment’s rejection thereof does not vitiate it. An example concerning the impossibility of restoring the situation to what it was when the sale contract was concluded.Pleadings — Part Three · Source page 150
  24. Principle 929A defence for which no evidence was submitted. The court of merits is not at fault if it does not respond to it.Pleadings — Part Three · Source page 150
  25. Principle 930A defense whose supporting document or evidence has not been submitted. Requiring the court of merits to decide it. Not permissible. The reason for this.Pleadings — Part Three · Source page 150
  26. Principle 932A defence unsupported by evidence. The judgment’s failure to set it out. Does not vitiate it.Pleadings — Part Three · Source page 150
  27. Principle 935The judgment’s failure to address an immaterial or unsupported defence. Does not vitiate it.Pleadings — Part Three · Source page 150
  28. Principle 936The judgment's failure to respond to a defence unsupported by evidence. Does not vitiate it so long as it reaches the correct result.Pleadings — Part Three · Source page 150
  29. Principle 937Proof rests upon whoever asserts, whether plaintiff or defendant. The court of merits determines the dispute before it in light of the evidence and documents submitted to it. It is not obliged to direct the litigants to Pleadings — Part Three · Source page 150
  30. Principle 938Appointing an expert in the action. A discretionary power of the trial judge, who is therefore not at fault for declining a request to take further evidentiary measures. The condition for this. - A request to join a thirPleadings — Part Three · Source page 151
  31. Principle 939An unsupported assertion for which there is no evidence. The judgment's disregarding it. Does not vitiate it. Example.Pleadings — Part Three · Source page 151
  32. Principle 940A defense devoid of evidence. The judgment refraining from responding to it. No defect. An example.Pleadings — Part Three · Source page 151
  33. Principle 941Requiring litigants to submit evidence for their defense or drawing attention to its requirements. Not necessary. The judgment’s rejection of a request or defense whose proponent has not submitted its evidence or supportPleadings — Part Three · Source page 151
  34. Principle 942A judgment is not vitiated by failure to respond to a defense for which its proponent has submitted no evidence. Example.Pleadings — Part Three · Source page 151
  35. Principle 943Directing the litigants to submit evidence of their defense or drawing their attention to its requirements. The court of merits is not obliged to do so. Example of a litigant's failure to submit evidence of his defense.Pleadings — Part Three · Source page 151
  36. Principle 944The absence from the papers of evidence that a final judgment of marital obedience was issued and that the wife refused to comply with it. Its effect. The judgment’s rejection of the defence based on forfeiture of her riPleadings — Part Three · Source page 151
  37. Principle 945Responding to a plea for which no evidence has been submitted. Not necessary. A judgment's disregard of that defense. It does not vitiate it. - 151 - Civil ProcedurePleadings — Part Three · Source page 151
  38. Principle 946The defense which the court is obliged to address and answer. Its nature. - A defense devoid of supporting evidence. The court's disregard thereof. Does not vitiate its judgment.Pleadings — Part Three · Source page 152
  39. Principle 947The burden of proof rests on whoever alleges something contrary to the original presumption. - Requiring a party to provide evidence of a defence for which he has submitted neither supporting material nor evidence. The cPleadings — Part Three · Source page 152
  40. Principle 948The defense to which the court is obliged to respond is a material defense. The court is not obliged to respond to a bare assertion.Pleadings — Part Three · Source page 152
  41. Principle 950A defense whose supporting document or evidence has not been submitted to the court. The court may not be required to adjudicate it. The reason for this. It examines the dispute in light of the evidence and documents subPleadings — Part Three · Source page 152
  42. Principle 951The court of merits is not obliged to decide a defense whose supporting document or evidence has not been submitted to it.Pleadings — Part Three · Source page 152
  43. Principle 953The court is not obliged to direct litigants to submit evidence of a defence for which no evidence has been submitted. An example.Pleadings — Part Three · Source page 152
  44. Principle 954The court of merits is not obliged to direct the litigants to provide proof of their defense or draw their attention to the requirements of that defense.Pleadings — Part Three · Source page 152
  45. Principle 955Demanding that the trial court determine a defense whose supporting document or evidence has not been submitted to it. Is impermissible. - 152 - Civil ProcedurePleadings — Part Three · Source page 152
  46. Principle 956Disregarding a defence not resting on a sound basis in fact or law. No defect.Pleadings — Part Three · Source page 153
  47. Principle 958A defense whose supporting material has not been submitted. The court is not obliged to direct the litigant to submit evidence of it. Its effect. No fault attaches to it if it disregards this defense. An example.Pleadings — Part Three · Source page 153

  48. - سكوت الحكم عن الرد على المستندات الغير مؤثرة

    Principle 960A judgment’s failure to respond to a defense for which its proponent has submitted no evidence. No defect. - Ascertaining the facts of the case, assessing the evidence, adopting that which is found reliable and discardinPleadings — Part Three · Source page 153
  49. Principle 961A judgment's silence in responding to one of the documents does not invalidate it where it is founded on reasons sufficient to sustain it.Pleadings — Part Three · Source page 153

  50. عليها

    Principle 962The judgment’s silence in responding to a document containing no evidentiary import affecting the case. Does not vitiate it. - Omission to respond to challenges directed against the expert’s report if the report containsPleadings — Part Three · Source page 153
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