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Intel

Fatwa Summary: MJLA Fatwa 192721181 (SAI Confidential Emails)

Post author By Riyadh Al-Balushi
Post date August 21, 2019

The Ministry of Justice and Legal Affairs (MJLA) deemed that the State Audit Institute (SAI) has a duty to release the confidential emails of a third-party held in its possession to support the defence of the government against the claims made by that third-party in an arbitration case.

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Intel

Fatwa Summary: MJLA Fatwa 192717255

Post author By mohtai
Post date May 21, 2019

The Ministry of Justice and Legal Affairs (MJLA) deemed that the contractor had no rights under a contract it signed with the government due to the failure to comply with the requirements of Royal Decree 48/76 regarding the Signing of Foreign and Domestic Financial Transactions. The MJLA noted in its fatwa that the contractor can take legal action against individuals in their personal capacity whose actions resulted in the contractor suffering harm.

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Intel

Case Summary: Supreme Court (Commercial Circuit) Contestation 316/2018 (Injunction Against Calling a Performance Bond)

Post author By Noor Al-Rajhi
Post date April 23, 2019

The Supreme Court annulled an injunction against calling a performance bond that was ordered on the basis that the beneficiary of the performance bond should not be allowed to call the bond because of an ongoing arbitration between the parties.

Intel

Case Summary: Supreme Court (Commercial Circuit A) Contestation 369/2018 (Binding Effect of Conduct by Unauthorised Employees)

Post author By Abdulrahman Al-Farsi
Post date April 9, 2019

The Supreme Court held that an employer is bound by the conduct of its unauthorised employees when they appear to third parties as representatives of the employer, even if they are not specifically authorised to carry out the acts in question.

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Intel

Case Summary: Supreme Court (Criminal Circuit B) Contestation 860/2018 (Criminal Liability for Possession of Material Obtained in Violation of Environmental Laws)

Post author By Shiyam Al-Harrasi
Post date March 5, 2019

The Supreme Court held that the mere possession of frankincense without proof of purchase does not in itself render the possessor to be in violation of the Law on Environmental Protection and Pollution Control, even if it is not possible to obtain the amounts of frankincense in question without violating the law.

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Intel

Case Summary: Supreme Court (Civil Circuit A) Contestation 585/2018 (Tort Liability for Consequences of Rescinded Sale of Real Estate)

Post author By Abdulrahman Al-Farsi
Post date January 7, 2019

The Supreme Court ruled that even though a contract for the sale of real estate is invalid due to the failure to register the sale of the land officially with the government, a party can still be held liable in tort to the other party for the consequences of the invalidation of the sale.

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Intel

Case Summary: Supreme Court (Civil Circuit) Contestation 239/2018 (Calculation of Contestation Time Limits)

Post author By admin
Post date November 19, 2018

The Supreme Court held that the forty-day deadline for contesting a judgment begins the day after issuance for parties present at proceedings. If the deadline ends on a holiday, it extends to the next working day, but filing after that day renders the contestation time-barred under articles 19, 204, and 242 of the Civil and Commercial Procedures Law.

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Intel

Case Summary: Supreme Court (Civil Circuit A) Contestation 155/2018 (Consequential Damages for False Criminal Accusation of Employee)

Post author By admin
Post date October 15, 2018

The Supreme Court held that an acquitted bank employee suspected of fraud is not entitled to compensation for financial, psychological, and moral losses she incurred as a result of the criminal investigation. The Supreme Court based its judgment on the fact that the criminal investigation that took place was legitimate, even though the employee was eventually not found guilty.

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Intel

Fatwa Summary: MJLA Fatwa 182710759 (Liquidation of a Shareholder)

Post author By mohtai
Post date September 2, 2018

The Ministry of Justice and Legal Affairs (MJLA) deemed that the liquidation of a shareholder in a limited liability company does not affect the legal status of the limited liability company.

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Intel

Case Summary: Supreme Court (Labour Circuit) Contestation 634/2017 (Legal Effect of Rescinding a Resignation Letter)

Post author By Aram Al-Bahri
Post date April 30, 2018

The Supreme Court held that a letter of resignation loses its legal effect if the employee rescinds this letter before the employer accepts this resignation.

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