Tag: Case and Fatwa Summary

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Intel

Case Summary: Supreme Court (Civil Circuit A) Contestation 370/2021 (Invalidity of Fixed-Profit Agreement Between Individuals)

The Supreme Court held that an agreement between two natural persons where one individual guarantees fixed profits to another constitutes usury (riba) and that such agreement is void for violating public order.

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Intel

Case Summary: Supreme Court (Labour Circuit) Contestation 450/2021 (Enforcement of Foreign Judgments)

The Supreme Court held that a foreign court judgment from a country with whom Oman has a bilateral agreement for the recognition and enforcement of court judgment must not be enforced if the Omani enforcement court fails to examine the original foreign judgment and verify that it meets the legal formalities before making its order to enforce it.

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Intel

Case Summary: Supreme Court (Civil Circuit A) Contestation 654/2020 (Binding Nature of a Promise to Lease)

The Supreme Court ruled that a promise to lease constitutes a binding contract under article 72 of the Civil Transactions Law. In this case, the Supreme Court ruled that the landlord is entitled to compensation for the losses incurred and the profits lost from a potential tenant who breached his promise to lease the property even though no contract was signed.

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Intel

Case Summary: Supreme Court (Civil Circuit B) Contestation 320/8108/2020 (Exclusion of Private Property Accidents from Vehicle Insurance Coverage)

The Supreme Court ruled that a vehicle accident occurring inside the private courtyard of a house does not constitute a traffic accident on a "road" as defined by the Traffic Law. Consequently, the insurer is not liable for compensation as the location is not open to public traffic.

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Intel

Case Summary: Supreme Court (Commercial Circuit B) Contestation 274/2020 (Prohibition of Contesting Arbitral Award Enforcement Orders)

The Supreme Court confirmed that it is not permitted to file a grievance against an arbitral award enforcement order before an enforcement judge, pursuant to article 58 of the Law of Arbitration in Civil and Commercial Disputes.

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Intel

Case Summary: Supreme Court (Commercial Circuit A) Contestation 248/2021 (Tax Treatment of Funds Transferred from Law Firm Branch to Sister Branch)

The Supreme Court ruled that funds transferred from an Omani branch of an international law firm to its sister branch are not fully considered as deductible expenses for the purpose of calculating the tax liability of the Omani branch.

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Intel

Case Summary: Supreme Court (Commercial Circuit B) Contestation 80/2021 (Insurance Claims for Misconduct of Own Employees)  

The Supreme Court held that the criminal misconduct by employees of a policyholder are considered equivalent to third party conduct, and therefore qualify as a basis for making insurance claims by the employer.

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Case Summary: Supreme Court (Commercial Circuit B) Contestation 787/2021 (Compensation Quantification Methodology in Commercial Disputes)

In a copyright infringement dispute, the Supreme Court set aside a judgment awarding compensation for copyright infringement due to the failure of the trial court to base the compensation amount on a quantification methodology that takes into account the damage suffered as a result of the copyright infringement.

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Intel

Case Summary: Supreme Court (Commercial Circuit B) 652/2021 (Assignment of Jurisdiction to Non-Omani Courts by Contract)

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Case Summary: Supreme Court (Labour Circuit) Contestation 856/2020 (Retention of Rights by Employees Transferred to a New Employer Pursuant to Article 48bis of the Labour Law of 2003)

The Supreme Court held that signing a new contract with an employee transferred under article 48bis of the Labour Law of 2003 is invalid if the contract provides less favourable treatment than that enjoyed by the employee with their previous employer.

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