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Overview of the Basic Statute of the State

Post author By Riyadh Al-Balushi
Post date June 9, 2023

The Basic Statute of the State is the constitution of the Sultanate of Oman. It was issued for the very first time by Sultan Qaboos in 1996 and then amended in 2011. Sultan Haitham issued a new revamped Basic Statute of the State in 2021 with a number of amendments, the most important being the process for the appointment of a crown prince.

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Case Summary: Supreme Court (Criminal Circuit) Contestation 148/2023 (Termination of Public Lawsuit Due to Change in Law)

Post author By Al Julanda Al-Rashdi
Post date April 26, 2023

The Supreme Court terminated a criminal lawsuit against an Omani man for marrying a non-Omani without a permit because of a change in legislation.

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Intel

Case Summary: Supreme Court (Criminal Circuit) Contestation 660/2022 (Copyright Protection of a PhD Thesis)

Post author By Riyadh Al-Balushi
Post date December 20, 2022

The Supreme Court confirmed that a PhD thesis is protected by copyright and that the the signing of research agreement for a component of the research between the PhD researcher and the university does not make the PhD thesis the property of the university.

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Intel

Case Summary: Supreme Court (Criminal Circuit) Contestation 600/2022 (Gross Negligence of Engineering Office)

Post author By Khalid Al-Ghafry
Post date November 2, 2022

The Supreme Court held that an engineer is not considered grossly negligent for supervising the construction of a wall built using a defective design created by the owner.

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Intel

Fatwa Summary: MJLA Fatwa 222770524 (Application of VAT Prior to Entry into Force of VAT Law or VAT Registration)

Post author By mohtai
Post date October 1, 2022

In a contract that was signed before the entry into force of the Value Added Tax Law, the Ministry of Justice and Legal Affairs (MJLA) held that a contractor was required to pay VAT out of the contract value agreed with the Ministry of Health and that contractor had no basis for adding it as additional charge that the ministry owes to the contractor.

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Intel

Fatwa Summary: MJLA Fatwa 222768811 (Continuation of Process for Allocating Land After the Legal Entitlement Basis Is Repealed)

Post author By Aram Al-Bahri
Post date August 15, 2022

The Ministry of Justice and Legal Affairs (MJLA) held that individuals who have reached the lottery stage of the land allocation process are entitled to obtain a land even after the legislation that establishes the right for the entitlement to this land was repealed.

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Intel

Case Summary: Supreme Court (Civil Circuit A) Contestation 203/2021 (Inadmissibility of New Evidence Before the Supreme Court)

Post author By Nadine Al-Barwani
Post date June 27, 2022

The Supreme Court held that it is not permitted for the parties to introduce new defences, claims, or evidence before the Supreme Court if such defences, claims, or evidence were not presented before trial courts.

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Intel

Case Summary: Supreme Court (Commercial Circuit A) Contestation 825/2021 (Agreement to Waive Right to Appeal)

Post author By [email protected]
Post date June 14, 2022

The Supreme Court confirmed that it is permitted for the parties to a contract to agree to have the judgment of a primary court considered final and not subject to any appeal pursuant to article 211 of the Civil and Commercial Procedures Law.

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Case Summary: Supreme Court (Labour Circuit) Contestation 341/2021 (Shift Work Holiday Compensation and Equal Pay under Collective Agreements)

Post author By admin
Post date June 13, 2022

The Supreme Court held that shift workers are not entitled to compensation for public holidays falling during their shifts, except for Eid Al-Fitr and Eid Al-Adha, as they receive more rest days annually than standard daily workers. It also ruled that employers must pay employees the minimum wage specified for their actual duties under applicable collective agreements, ensuring equal pay for equal work.

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Case Summary: Supreme Court (Labour Circuit) Contestation 58/2021 (Limitation Period for Civil Claims Arising from an Employment Relationship)

Post author By Rusul Al-Asfoor
Post date June 13, 2022

The Supreme Court held that an employee's claims to recover money he was forced to pay to his employer, and to be compensated for a false criminal accusation and detention, are civil claims governed by the fifteen-year limitation period of the Civil Transactions Law, and not the one-year limitation period of the Labour Law of 2003, even though they arose in the context of an employment relationship.

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