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

Search this collection

  1. تصحيح الخطأ المادي في الحكم

    Principle 2282Establishment that the clerical and arithmetic error in the end-of-service gratuity was corrected and the appellant’s entire period of service was taken into account. The objection that the judgment did not calculate it Pleadings — Part Three · Source page 378
  2. Principle 2283Clerical errors in a judgment. Their correction is not reserved exclusively to the court that issued it; rather, the Court of Appeal shares that power as an ancillary jurisdiction vested in it incidentally to an appeal bPleadings — Part Three · Source page 378
  3. Principle 2284The court may, at the request of a litigant or of its own motion, correct purely clerical errors occurring in its judgment. - A clerical error is one occurring in expression, not in reasoning, and must have a basis in thPleadings — Part Three · Source page 378

  4. الإعادة لمحكمة أول درجة

    Principle 2285A clerical error in calculation. It does not constitute a ground for a cassation challenge. The means of correcting it is recourse to the court that issued the judgment in the manner prescribed by law in Article 124 of tPleadings — Part Three · Source page 379
  5. Principle 2286Service of the statement of claim. Its independence from lodging it with the registry. Its purpose. Informing the opposing party and achieving the adversarial principle between litigants. Failure to achieve it. Effect thPleadings — Part Three · Source page 379

  6. قرار الإحالة

    Principle 2287A judgment rendered by the court of first instance declaring that it lacks jurisdiction to hear the action. Does not exhaust its judicial authority. The action must be remitted to it to determine its merits upon reversalPleadings — Part Three · Source page 379
  7. Principle 2288Referral of an action from one court to another on grounds of connection does not require identity of subject matter, cause, or parties. It is sufficient that a connection exists between the two actions such that determiPleadings — Part Three · Source page 379
  8. Principle 2289Cassation of a judgment because it violates the rules of jurisdiction. The Court of Cassation must stop at that point without referral to the competent court.Pleadings — Part Three · Source page 380
  9. Principle 2290A decision referring a case on grounds of jurisdiction which does not contravene public policy or cause harm to the litigant. Challenging it. Ineffectual. An example.Pleadings — Part Three · Source page 380
  10. Principle 2292The judgment's disregard of a request to refer the action to the Personal Status Circuit where the action is not among those that the law requires to be heard by that circuit. No defect.Pleadings — Part Three · Source page 380
  11. Principle 2293The cases specified by law in which an award rendered by the arbitral tribunal may be challenged by cassation. They include nullity in the award or in the procedures that affected the award. This award may not be challenPleadings — Part Three · Source page 380
  12. Principle 2294The circuit for hearing administrative disputes. The matters within its jurisdiction. Its jurisdiction is subject-matter jurisdiction. A plea concerning it relates to public policy. - A dispute concerning the salary of mPleadings — Part Three · Source page 380
  13. Principle 2295The court's ruling that it lacks jurisdiction. It is not obliged to refer the action to another circuit or body unless it has ascertained, in accordance with the law, that jurisdiction is vested therein. Its finding thatPleadings — Part Three · Source page 380
  14. Principle 2297The court’s ruling that it lacks subject-matter jurisdiction over the action. Requires it to refer the action to the competent court. The judgment’s failure to comply. Vitiates it and requires its cassation.Pleadings — Part Three · Source page 381
  15. Principle 2298A ruling by the Rentals Circuit that it lacks subject-matter jurisdiction and referring the action to the Commercial Circuit. A judgment that does not terminate the proceedings and therefore may not be challenged indepenPleadings — Part Three · Source page 381
  16. Principle 2299The criminal court’s referral of the civil action to the civil court for determination. The latter court is lawfully seised of it by virtue of the referral, without the need to follow the procedure specified in Article 4Pleadings — Part Three · Source page 381
  17. Principle 2300A ruling of lack of jurisdiction by reason of the type or value of the action. It is mandatory to order its referral, in its existing state, to the competent court. The obligation of the court to which it is referred to Pleadings — Part Three · Source page 381

  18. إعلان الحكم

    Principle 2301Submitting an application to disqualify an arbitrator to a court lacking jurisdiction and the latter refraining from referring it to the Court of Cassation because referral from a lower court to a higher court is impermiPleadings — Part Three · Source page 381
  19. Principle 2303The independent content of a legal provision. Does not isolate it from the other provisions all united by the same subject matter. It must be interpreted in conjunction with them, understanding its meaning in a manner thPleadings — Part Three · Source page 382
  20. Principle 2304Service of the judgment that sets the period for appealing it running. Its subjection to the general rules prescribed for service of judicial documents. Articles 4–12 of the Civil Procedure Law. Observance of these rulesPleadings — Part Three · Source page 383
  21. Principle 2305Delivery of a copy of the notice of service of the judgment to the police station in cases where this is required. A legal presumption by which the judgment debtor's knowledge of the judgment document becomes prima faciePleadings — Part Three · Source page 383
  22. Principle 2306The appellant maintaining that he had no knowledge of service of the appealed judgment through the police station because he was outside the country, such that the time limit for challenging it did not begin to run againPleadings — Part Three · Source page 383
  23. Principle 2307The appellant's failure to appear before the court of first instance and failure to submit a memorandum of defence. The time limit for appeal begins from the date of lawful service of the judgment upon him. Proof that thPleadings — Part Three · Source page 383
  24. Principle 2308Service of the judgment that starts the time limit for challenging it is subject to the general rules prescribed for service of judicial documents. Basis thereof: Articles 4 through 12 of the Civil Procedure Law. ObservaPleadings — Part Three · Source page 384
  25. Principle 2309Commencement of the time limit for challenging a judgment. The rule. From the date of its pronouncement. The exception: from the date of service of the judgment. The cases encompassed by this exception include where the Pleadings — Part Three · Source page 384

  26. استنفاد الولاية

    Principle 2310Grievance against an order for payment. Its time limit begins on the date it is served upon the debtor. Article 170, Civil Procedure. Its implication. The legislature placed orders for payment on the same footing as defaPleadings — Part Three · Source page 384
  27. Principle 2313The court's reliance on its jurisdiction in a part of the action prevents it from returning to discuss it. An example.Pleadings — Part Three · Source page 385
  28. Principle 2314A conclusive ruling on entitlement to receive expropriation compensation. The court thereby exhausts its authority in that regard. The effect of this.Pleadings — Part Three · Source page 385
  29. Principle 2315The court's exhaustion of its adjudicative authority by ruling on a part of the dispute precludes it from returning to adjudicate that part, even if its judgment was not correct. - 385 - Civil ProcedurePleadings — Part Three · Source page 385
  30. Principle 2316The court of first instance ruling on a matter relating to the substance of the right thereby exhausts its jurisdiction, whether it describes it in the operative part as dismissal of the action as it stands or its inadmiPleadings — Part Three · Source page 386
  31. Principle 2317The reasons for the judgment ordering the appointment of an expert. The legal determinations contained therein being connected with those reasons, forming part of the construction and foundation of the judgment, and beinPleadings — Part Three · Source page 386
  32. Principle 2318The Court of Cassation determining a legal issue. Implication. Exhaustion of its jurisdiction over that issue. Re-examination of it before that court while adjudicating the merits of the dispute. Impermissible.Pleadings — Part Three · Source page 386
  33. Principle 2319The court's determination of a matter submitted to it. Effect. Exhaustion of its judicial authority in respect thereof. Raising the dispute concerning it anew before that court. Impermissible.Pleadings — Part Three · Source page 386
  34. Principle 2320The court's exhaustion of its jurisdiction. Its effect. It must refrain from reconsidering the matter it has determined.Pleadings — Part Three · Source page 386
  35. Principle 2321The judgment's basing its ruling of inadmissibility of the action on failure to observe procedures relating to the form of the litigation and not to the substance of the right claimed. Does not exhaust the court's jurisdPleadings — Part Three · Source page 386
  36. Principle 2322The court of first instance adjudicating the merits of the action. It thereby exhausts its jurisdiction. The Court of Appeal concluding that this judgment is void. It must not stop at declaring nullity, but must adjudicaPleadings — Part Three · Source page 386
  37. Principle 2323The court of first instance ruling that the action is inadmissible for failure to observe the procedures prescribed by the legislator for obtaining the right. Does not exhaust the court's judicial authority. Its reversalPleadings — Part Three · Source page 386
  38. Principle 2324A judgment conclusively determining what was submitted to it exhausts the court’s jurisdiction. Its effect.Pleadings — Part Three · Source page 387
  39. Principle 2325The court of first instance's exhaustion of its jurisdiction through a judgment found to be void for a defect not extending to the statement of claim by which the litigation was validly constituted. The Court of Appeal mPleadings — Part Three · Source page 387
  40. Principle 2326Invalidity of a judgment in respect of which the court of first instance exhausted its jurisdiction. Appeal against that judgment. The Court of Appeal must not stop at declaring invalidity. It must proceed to determine tPleadings — Part Three · Source page 387
  41. Principle 2327Exhaustion by the court of first instance of its jurisdiction by ruling on the merits of the action. Nullity of that judgment due to a defect that does not extend to the originating statement of claim. The Court of AppeaPleadings — Part Three · Source page 387
  42. Principle 2328The court’s ruling that the arbitral award is void because the arbitrator addressed a nullity not invoked by the parties to the arbitration. Its effect. The court must proceed to hear the merits of the dispute heard by tPleadings — Part Three · Source page 387
  43. Principle 2329The court's determination of an issue submitted to it by a definitive ruling. Its effect. Exhaustion of its adjudicative authority in respect thereof.Pleadings — Part Three · Source page 387
  44. Principle 2330A conclusive ruling on one of the issues submitted to the court. Effect thereof. Exhaustion of its jurisdiction over it, and it may not return to adjudicate it by another ruling.Pleadings — Part Three · Source page 387
  45. Principle 2331An interlocutory judgment containing, in its operative part and reasons, a determination of a part of the dispute or a matter arising from it acquires res judicata effect. Termination of the court's judicial authority inPleadings — Part Three · Source page 387
  46. Principle 2332The Court of Appeal's obligation to remit the action to the court of first instance if it reverses its appealed judgment. Condition for this.Pleadings — Part Three · Source page 388
  47. Principle 2333The court's determination, by a conclusive ruling, of what was submitted to it. Its effect. Exhaustion of its jurisdiction. Application thereof to non-conclusive judgments. Condition thereof.Pleadings — Part Three · Source page 388
  48. Principle 2334The court of first instance's ruling that the incidental claim is inadmissible for failure to satisfy its conditions. Exhausts its jurisdiction. An appeal against it. Its effect. The Court of Appeal undertakes to determiPleadings — Part Three · Source page
  49. Principle 2335Prior determination of the plea of unconstitutionality of item Fifth of Article One of Law 20 of 1981 establishing the Administrative Circuit, by Constitutional Judgment 1 of 1993 declaring inadmissibility. Raising this Pleadings — Part Three · Source page
  50. Principle 2337A judgment declining jurisdiction and referring the action because of its type or value requires the court to which the action is referred to decide it, even if the referral judgment erred in applying the law. When the pPleadings — Part Three · Source page
PreviousPage 41 of 75Next