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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    Principle 1251Prohibition on claiming blood money for loss of life upon establishment of receipt of the blood monies due for loss of organs, senses, or functions, or for wounds. Its condition. - The judgment’s ruling rejecting the claPleadings — Part Three · Source page 197
  2. Principle 1252Assessment of judicial presumptions. Within the authority of the court of merits when it has examined them. Failure to do so. This vitiates its judgment by deficiency.Pleadings — Part Three · Source page 197
  3. Principle 1253Appealing judgments rendered within the final-instance monetary jurisdiction of courts of first instance. Its case. Nullity in the judgment or nullity in the proceedings affecting the judgment. - Inadequacy in the judgmePleadings — Part Three · Source page 197
  4. Principle 1254The judgment's conclusion, when assessing compensation, that the injured person contributed to the fault, without stating how it established that in clear, explicit language revealing its source. A deficiency requiring iPleadings — Part Three · Source page 197
  5. Principle 1255Assessment of compensation making good the damage. A matter of fact independently determined by the judge of the merits. He may award aggregate compensation for all the harm that befell the necessity. The condition for tPleadings — Part Three · Source page 198
  6. Principle 1256The general rule in an agency, whether general or special, is that the agent’s capacity is confined to carrying out the acts specified therein. Its inclusion of what its execution requires. The judgment’s failure to ascePleadings — Part Three · Source page 198
  7. Principle 1257The defense which the court of merits is obliged to address and express an opinion upon is the material defense. Its definition. The judgment’s failure to address it and express an opinion upon it. Deficiency. Example.Pleadings — Part Three · Source page 198
  8. Principle 1258The grounds for issuing a travel ban and the reasons for a grievance against it. Their assessment. A matter of fact independently determined by the judge of the merits. The condition for this. An example of defective cauPleadings — Part Three · Source page 198
  9. Principle 1259Ascertaining an understanding of the facts of the case. Within the authority of the court of merits. The condition therefor. Example of defective reasoning.Pleadings — Part Three · Source page 198
  10. Principle 1260A judgment's failure to respond to a material defense that may alter the view taken of the action. Vitiates it by deficient reasoning. Example of a material defense.Pleadings — Part Three · Source page 198
  11. Principle 1262Raising a material defence capable of changing the view taken of the case. Disregarding it. A deficiency invalidating the judgment. Example. - 198 - ProcedurePleadings — Part Three · Source page 198
  12. Principle 1264A material defence maintained by a litigant which, if valid, would change the outcome of the case. Failure of the judgment to examine it. Renders it defective for insufficient reasoning. Example.Pleadings — Part Three · Source page 199
  13. Principle 1265The court's adoption of the expert's report. Its condition. The reasons he stated must sustain the conclusion reached in his report, and its conclusion must not conflict with a material defense raised by a litigant who sPleadings — Part Three · Source page 199
  14. Principle 1266Actions arising from a contract of carriage by sea are subject to a limitation period of one year. What interrupts this limitation. A demand by letter with acknowledgment of receipt, settlement negotiations, or the appoiPleadings — Part Three · Source page 199
  15. Principle 1267The court of the merits omitting to respond to a substantive defense. Its effect. Deficiency in its judgment. Example.Pleadings — Part Three · Source page 199
  16. Principle 1268The defense which the judgment is obliged to address is the material defense. The nature of this defense. The judgment's failure to examine it thoroughly. Its effect. Inadequacy of reasoning requiring its cassation. ExamPleadings — Part Three · Source page 199
  17. Principle 1269The court must address documents material to the action. Its stopping at merely setting them out without deciding the defence based upon them. Its effect: deficiency in its judgment. Example. - The court of merits' adoptPleadings — Part Three · Source page 199
  18. Principle 1270The reasons for the judgment. When they are considered tainted by unsound inference. - The judgment's adoption of the conclusions of the expert's report, which did not specify the damage on which his opinion settled, andPleadings — Part Three · Source page 200
  19. Principle 1271Compensating Kuwaiti workers employed by employers for work injuries and occupational diseases in accordance with the provisions of the Private Sector Labor Law, even if they have been insured, so long as no decree has bPleadings — Part Three · Source page 200
  20. Principle 1272Judgments must be based on clear, manifest and sufficient reasons. Failure to do so vitiates the judgment with deficiency. An example of an inadequate response to the plea of nullity of the appealed judgment on account oPleadings — Part Three · Source page 200
  21. Principle 1273The court's omission to examine a material defense which, if valid, would alter the view taken of the action. Vitiates its judgment by deficiency. Example of the court's omission to respond to a material defense.Pleadings — Part Three · Source page 200
  22. Principle 1274An action for compensation for an unlawful act arising from a crime is not time-barred so long as the criminal action remains pending. Suspension of this period so long as no decision has been issued in the criminal actiPleadings — Part Three · Source page 200
  23. Principle 1275The prerequisite for the validity of a judgment's reasoning. The judgment's omission to state the wife's admission concerning the date maintenance ceased to be provided to her and its significance, which, if correct, wouPleadings — Part Three · Source page 200
  24. Principle 1276A material defense capable of changing the outcome of the case and substantiated by documents. Its effect. The court’s obligation to scrutinize it in light of those documents. The judgment’s omission of the significance Pleadings — Part Three · Source page 200
  25. Principle 1277A material defense. Its nature. The court's obligation to address and respond to it. Failure to do so. Its effect. Its judgment being vitiated by deficiency. Example.Pleadings — Part Three · Source page 201
  26. Principle 1278The judgment must be founded on supported and sufficient reasons, and the court must address the resolution of every element upon whose determination the judgment depends. Incoherence affecting the foundations of the judPleadings — Part Three · Source page 201
  27. Principle 1279The Sharia conditions that an arbitrator must satisfy. Their nature. - The arbitrator's failure to satisfy the Sharia conditions because he suffers from psychological and mental disorders and graduated from one of the spPleadings — Part Three · Source page 201
  28. Principle 1280Judgments rendered with final effect by courts of first instance may not be appealed except in specified cases, including where the judgment is affected by nullity. Inadequacy in the judgment's factual reasons entails itPleadings — Part Three · Source page 201
  29. Principle 1281An impediment to obtaining written evidence in cases where the law requires it. The court of merits independently assesses it. Rejection of this request. The judgment must include the justifications for that. - The defenPleadings — Part Three · Source page 201
  30. Principle 1282A material defence. Its nature. A litigant's substantiation of it with documents. Requires the court to scrutinize this defence. - 201 - Civil Procedure - The judgment's disregard of a material defence which, if valid, wPleadings — Part Three · Source page 201
  31. Principle 1283Validity of judgments. Dependent upon their being founded on reasons examining and scrutinizing every material request or defense that may affect the determination of the action. - The court's omission to respond to a maPleadings — Part Three · Source page 202
  32. Principle 1284The court of the merits must address a material defence that changes the determination. Failure to address it. Inadequate reasoning. An example of inadequate reasoning requiring cassation of the judgment.Pleadings — Part Three · Source page 202
  33. Principle 1285A judgment must be based on supporting reasons. The judgment's dismissal of the counterclaim without stating the reasons. Nullity requiring partial cassation.Pleadings — Part Three · Source page 202
  34. Principle 1286A substantive defense that would change the outcome of the case. The court must examine it thoroughly. Failure to do so. An invalidating deficiency requiring the judgment to be quashed.Pleadings — Part Three · Source page 202
  35. Principle 1287The judgment's recitation of the appellant's defense that his predecessor in title had not accepted the agency granted to him, and its answer to the plea that the latter had undertaken acts of management, without specifyPleadings — Part Three · Source page 202
  36. Principle 1288A party's submission of documents and invocation of their significance to the subject matter of the dispute. The judgment's disregarding them despite their potential significance affecting the right in dispute and changiPleadings — Part Three · Source page 202
  37. Principle 1289A material defence. The court of the merits must address it. Failure to do so renders the judgment deficient. - 202 - Civil ProcedurePleadings — Part Three · Source page 202
  38. Principle 1290The injured party’s direct recourse against the insurer in insurance other than motor accident insurance. Its condition. The insurance policy must contain a stipulation for the benefit of a third party. An example of a jPleadings — Part Three · Source page 203
  39. Principle 1291Reporting crimes. A lawful right for everyone exercising it within the limits of the law. False reporting. Its effect. Compensation for damage sustained by the person reported against. Its condition. That the reporting pPleadings — Part Three · Source page 203
  40. Principle 1292The appellant maintaining the limitation plea before the court of first instance, which saw no need to examine it after concluding that the indebtedness had not been established. Appeal against this judgment. Its effect:Pleadings — Part Three · Source page 203
  41. Principle 1293Custody of a minor under the Maliki school. Its termination upon puberty. The effect of such puberty. - The law’s failure to specify a particular age for puberty. Its implication. The judge may assess it. The condition fPleadings — Part Three · Source page 203
  42. Principle 1294Understanding the facts of the case and assessing the evidence and documents. For the court of merits. Its prerequisite. That it base its ruling on reasonable grounds and that its inference lead to the conclusion it reacPleadings — Part Three · Source page 203
  43. Principle 1296The challenged judgment's award of an amount of three thousand dinars as the price of a car for the female respondent and its award of maintenance for her from 22/5/99 until 28/6/2000, the date of her divorce - a short pPleadings — Part Three · Source page 204
  44. Principle 1297The appellant’s defence that he prepared a dwelling for his wife and her son. A material defence. The judgment’s failure to respond with reasons refuting it. Renders it defective. The reason for this.Pleadings — Part Three · Source page 204
  45. Principle 1298A litigant raising a material defence. Failure to respond to it. Its implication. The judgment being deemed defective for insufficient reasoning.Pleadings — Part Three · Source page 204
  46. Principle 1299A litigant's submitting documents and relying on their significance. The court's disregarding them. Deficiency in reasoning.Pleadings — Part Three · Source page 204
  47. Principle 1300Deficiency in the factual reasons for the judgment. Its effect. Nullity. The judgment's omission to respond to a material defence. Deficiency. Its consequence. Nullity of the judgment.Pleadings — Part Three · Source page 204
  48. Principle 1301Contractual liability and tortious liability. The legislature has assigned each its own provisions, independent legal regime and defined scope for its provisions. The implication of this. The existence of a contractual rPleadings — Part Three · Source page 204
  49. Principle 1303The judgment's omission to examine and respond to a material defence. Deficient reasoning that invalidates it. An example of a judgment that did not respond to a material defence concerning the respondent in cassation's Pleadings — Part Three · Source page 205
  50. Principle 1304A material defense that changes the view taken of the case. The court must investigate it. Contravention of that. Its effect. Invalidity of the judgment. Example.Pleadings — Part Three · Source page 205
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