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

Cassation principles Recent Commercial, Administrative, Civil, Labour and Personal Status Matters

محكمة التمييز (حسب الغلاف) · الفترة قيد التحقق من الأصل · 494 available principles

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  1. آثار

    Principle 1Summary: - The President of the National Council for Culture, Arts and Letters. His competence to issue decisions registering archaeological sites and historic buildings. - Compensation claimed by interested parties wherRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤

  2. اتفاقيات

    Principle 2Summary: - The provisions of Decree-Law 30 of 2009 establishing the Bahrain Chamber for Settlement of Economic, Financial and Investment Disputes. The Bahraini legislature intended thereby to establish an independent judRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٥

  3. إثبات

    Principle 3Summary: - The evidentiary authority of copies of private instruments is commensurate with the extent to which they point to the original. The parties’ discussion of the substance of documents whose copies are submitted Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٨
  4. Principle 5Summary: - There is no adjudication except in a dispute, and no dispute without an action brought by a claimant specifying his claims therein. Article 45 of the Law of Procedure. Its import: the judgment must adhere to wRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١١
  5. Principle 6Summary: - A litigant’s submission of documents drawn up in a foreign language. An official translation or an unofficial translation to which the opposing litigant does not object must be attached. Article 74/3, Civil PrRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٣
  6. Principle 7Summary: - The court hearing the merits. Considers the dispute in light of the evidence and documents submitted to it. It is not obliged to direct the parties to submit evidence supporting their defence or to draw their Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٤
  7. Principle 8Summary: - Pleas have prominent importance in the conduct of litigation. Necessary consequence: courts must include a brief summary of them without qualification by any description—unlike defences, which are described asRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٥
  8. Principle 9Summary: - A judge's exercise of non-contentious jurisdiction. The general rule is that this occurs only in cases exhaustively specified by legislation. Article 163 of the Code of Procedure. - Issuance of orders on petitRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٦
  9. Principle 10Summary: - The provision in Article 53 of the Law of Evidence concerning res judicata. It constitutes a departure from the general rule that gives the trial court full authority to ascertain the facts of the case, assessRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ١٨
  10. Principle 11Summary: - The law specifies the evidence by which rights may be proved, defines its scope and binds the judge to adhere to it and not go beyond it by adding other means. Mere statements or allegations by a litigant, a dRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢١
  11. Principle 12Summary: - Notifying the litigants by registered letter of receipt of the expert's report and the hearing scheduled for consideration of the case. The responsibility of the Registry, not the expert. The effect of this noRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٢
  12. Principle 13Summary: - A private instrument under Article 13 of the Evidence Law. It is considered to emanate from the person who signed it unless he expressly denies the signature, seal, or fingerprint attributed to him. ConsequencRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٤
  13. Principle 14Summary: - The principle of the binding authority of judicial judgments. One of the fundamental principles upon which the judicial system is based. Its foundation is the presumption of correctness of judicial judgments. Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٦
  14. Principle 15Summary: - The supplementary oath. Its nature. A measure taken by the judge on his own initiative. The reason therefor. His desire to ascertain the truth so as to complete incomplete evidence in the case. The condition fRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٧
  15. Principle 16Summary: - Signing a private instrument by any of the means prescribed by law. Is the true source of conferring evidentiary force upon it. Denial by the person against whom it is invoked of the handwriting, signature, seRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٢٩

  16. إجراءات التقاضي

    Principle 17Summary: - A litigant's submission of documents drawn up in a foreign language. An official translation or an unofficial translation to which the opponent does not object must be attached. Article 74/3 of the Code of ProRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٠
  17. Principle 18Summary: - Procedures are presumed to have been observed and duly completed. Whoever maintains that they are invalid must prove his allegation. - The appellant’s plea that the appealed judgment was invalid because the stRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣١
  18. Principle 19Summary: - The reviewing court's reversal of the challenged judgment for failure properly to serve the statement of claim before the court of first instance. Import: that court did not exhaust its jurisdiction by ruling Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٢

  19. أحوال شخصية

    Principle 20Summary: - If neither of them—the spouses—has testimonial evidence, items suitable only for women are awarded to the wife upon her oath; items suitable for men are awarded to the husband; and items suitable for men and wRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٣
  20. Principle 21Summary: - Establishment of the respondent’s conviction for the offence of adultery in the matrimonial home by a final and irrevocable judgment. Its significance: establishment of discord and mutual aversion between the Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٤
  21. Principle 22Summary: - A judgment granting the appellant a single irrevocable divorce from the respondent on grounds of harm, and the upholding of that judgment on appeal. The appellant is regarded as a stranger to the respondent. TRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٥
  22. Principle 23Summary: - The challenged judgment’s finding that the guardian manipulated the minor girl’s account balances, transferred them to his personal account, spent much of her money on law and accounting firms without justificRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٦
  23. Principle 24Summary: - Taking back a divorced wife is the husband’s right during the waiting period. Condition thereof. - Taking back is valid by words or conduct. Condition thereof: the wife’s knowledge of it and having it witnesseRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٦
  24. Principle 25Summary: - The spouses’ adherence to the Ja‘fari school. Its effect where marital disobedience and discord arise from the wife. - The wife’s request for divorce from the husband on grounds of harm and entrenched disagreeRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٨
  25. Principle 26Summary: - Consolatory maintenance. Its rationale: to redress the wife’s distress at separation from the one who parted from her and to console her. Article 165 of Law No. 51 of 1984. The husband’s effecting divorce by hRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٣٨
  26. Principle 27Summary: - The father is obliged to pay the rent for the custodial residence of his child in custody unless the female custodian owns a residence in which she lives or has been allocated accommodation for her residence. Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٠
  27. Principle 28Summary: - A settlement agreement under the Ja‘fari school—applicable to the facts—is inherently binding and is not rescinded except by the settling parties’ mutual consent to rescission or by rescission by the party graRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤١
  28. Principle 29Summary: - Assessment of the existence of the conditions for a female custodian’s entitlement to custody or the grounds for depriving her of it. A matter of fact. The condition for this. - The presence, in the possessionRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٢
  29. Principle 30Summary: - The wife’s submission of a khul‘ divorce certificate establishing that the marital ties have been severed—a first irrevocable khul‘ divorce, with the Sharia waiting period incumbent upon her—in accordance withRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٣
  30. Principle 31Summary: - Inability to earn. Established by young age or being female, unless she is married, in which case her maintenance is incumbent on her husband. Rule: It is established under Sharia that children's maintenance Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٤
  31. Principle 32Summary: - A dispute between spouses over marital household effects. Article 73 of Law No. 51 of 1984. Its import. - The appellant's claim to marital household effects particular to her, and the absence from the case papRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٥
  32. Principle 33Summary: - Rules to be followed concerning spouses’ financial rights where separation for harm is requested. The criterion for determining them. Article 130 of Law 51 of 1984. - Mistreatment by the husband or wife. Its eRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٦
  33. Principle 34Summary: - The required complement of witnesses varies according to the subject of the testimony. The doctrine of Imam Malik. - If the subject of the testimony is ordinarily apparent to men and is neither property nor inRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٧
  34. Principle 35Summary: - Trousseau and household effects. Their meaning. A dispute between spouses concerning them. Falls within the jurisdiction of the Personal Status Circuit at first instance and on appeal. Article 345 of Law 51 ofRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٨
  35. Principle 36Summary: - A dispute between spouses over household effects. If either establishes evidence of their claim, judgment shall be rendered in their favor accordingly. If neither has evidence, what is suitable for women belonRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٤٩
  36. Principle 37Summary: - Compatibility in marriage in Islamic jurisprudence: equality or proximity in specified matters. The husband must not be below the wife, so that neither she nor her guardians are disparaged. Jurists have differRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٥٠
  37. Principle 38Summary: - Maintenance of a poor child unable to earn—including a maid's wages—is incumbent upon the child's father who has sufficient means. Articles 198 and 202 of Law No. 51 of 1984 concerning Personal Status. - WagesRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٥٢
  38. Principle 39Summary: - Consolatory compensation was prescribed to make good the desolation caused by a husband to the woman from whom he has separated, and consoling her is part of the magnanimity required by Sharia. In Article 165/Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٥٣
  39. Principle 40Summary: - The greater age of a daughter in custody does not necessarily imply that she does not need a maid. Nor does her need for her mother indicate that she does not need a maid. The challenged judgment’s determinatiRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٥٤
  40. Principle 41Summary: - The subject-matter jurisdiction of each judicial body. The determining consideration: the relief sought by the claimant in his action. - The jurisdiction of personal status courts is confined to adjudication iRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٥٥
  41. Principle 42Summary: - Visitation rights belong only to parents and grandparents. The custodian may not prevent them from seeing the child in custody. - In the event of prevention and unwillingness to go to see the child at the otheRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٥٦
  42. Principle 43Summary: - Disagreement between spouses over receipt of the portion of the dower that has fallen due. Before consummation, the wife’s statement prevails; after consummation, the husband’s statement prevails, unless thereRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٥٧
  43. Principle 45Summary: - Article 74 of Law No. 51 of 1984 concerning Personal Status. Its import: a wife is entitled to spousal maintenance from her husband, including rent for the matrimonial home, and enjoyment of the home requires Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦١
  44. Principle 46Summary: - The obligation of a person liable for maintenance to pay instalments on loans he obtained does not, by itself, constitute evidence of impaired financial circumstances. The reason: he has already received the bRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٢
  45. Principle 47Summary: - Under the Ja‘fari school, where a husband harms his wife and antagonises her without a lawful Sharia basis, she may bring her matter before the Sharia judge to restrain him from harm and injustice and require Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٣
  46. Principle 48Summary: - Suitability in marriage in juristic terminology. Equality or proximity in specified matters. The husband must not be beneath the wife, so that neither she nor her guardians are reproached. - Article 35 of Law Recent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٤
  47. Principle 49Summary: - Adjustment of maintenance by increase or reduction. From the date of the judgment to that effect. Article 77 of Law No. 51 of 1984 concerning Personal Status. - Children's maintenance is founded upon the parenRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٦
  48. Principle 50Summary: - Maintenance is obligatory for a woman observing a waiting period following divorce, annulment, or consummation of an invalid marriage or intercourse under a mistaken belief of lawfulness. Its inclusion in spouRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page ٦٦
  49. Principle 51Summary: - Import of Article 130 of Law No. 51 of 1984 concerning Personal Status: determination of the rules to be followed concerning the spouses' financial rights where separation is sought on grounds of harm. Its criRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
  50. Principle 52Summary: - Article 195 of Law No. 51 of 1984 concerning Personal Status. Its import: the guardian of a child in custody is entitled to attend to the child and ascertain the child's circumstances. Necessary consequence: tRecent Commercial, Administrative, Civil, Labour and Personal Status Matters · Source page
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