Tag: Case and Fatwa Summary

Categories
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.

You do not have a valid subscription to view Decree Intel. Decree Intel is a database of Omani legal research material that covers explanatory notes, government entity overviews, and case and fatwa summaries. Decree Intel is a separate subscription from Decree Legislation. Contact us to learn more.

Categories
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.

You do not have a valid subscription to view Decree Intel. Decree Intel is a database of Omani legal research material that covers explanatory notes, government entity overviews, and case and fatwa summaries. Decree Intel is a separate subscription from Decree Legislation. Contact us to learn more.

Categories
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.

You do not have a valid subscription to view Decree Intel. Decree Intel is a database of Omani legal research material that covers explanatory notes, government entity overviews, and case and fatwa summaries. Decree Intel is a separate subscription from Decree Legislation. Contact us to learn more.

Categories
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.

You do not have a valid subscription to view Decree Intel. Decree Intel is a database of Omani legal research material that covers explanatory notes, government entity overviews, and case and fatwa summaries. Decree Intel is a separate subscription from Decree Legislation. Contact us to learn more.

Categories
Intel

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.

You do not have a valid subscription to view Decree Intel. Decree Intel is a database of Omani legal research material that covers explanatory notes, government entity overviews, and case and fatwa summaries. Decree Intel is a separate subscription from Decree Legislation. Contact us to learn more.

Categories
Intel

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

You do not have a valid subscription to view Decree Intel. Decree Intel is a database of Omani legal research material that covers explanatory notes, government entity overviews, and case and fatwa summaries. Decree Intel is a separate subscription from Decree Legislation. Contact us to learn more.

Categories
Intel

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.

You do not have a valid subscription to view Decree Intel. Decree Intel is a database of Omani legal research material that covers explanatory notes, government entity overviews, and case and fatwa summaries. Decree Intel is a separate subscription from Decree Legislation. Contact us to learn more.

Categories
Intel

Case Summary: Supreme Court Contestation (Commercial Circuit B) 444/2021 (CBO Covid-19 Circular as Force Majeure Event)

The Supreme Court held that a Covid-19 related circular issued by CBO—after the Court of Appeal in Sohar issued its judgment—is a force majeure event that requires setting aside the previously issued court judgment.

You do not have a valid subscription to view Decree Intel. Decree Intel is a database of Omani legal research material that covers explanatory notes, government entity overviews, and case and fatwa summaries. Decree Intel is a separate subscription from Decree Legislation. Contact us to learn more.

Categories
Intel

Case Summary: Supreme Court (Commercial Circuit A) Contestation 223/2019 (Failure to Issue Government Permits as a Breach of Usufruct Agreement)

The Supreme Court held that the refusal of a government entity to issue a permit or a licence is not a breach of a usufruct agreement signed with the government, even if such agreement includes a provision requiring the government to provide assistance and support in obtaining such permits or licences.

You do not have a valid subscription to view Decree Intel. Decree Intel is a database of Omani legal research material that covers explanatory notes, government entity overviews, and case and fatwa summaries. Decree Intel is a separate subscription from Decree Legislation. Contact us to learn more.

Categories
Intel

Case Summary: Supreme Court (Commercial Circuit A) Contestation 1235/2020 (Reinterpretation of Contractual Terms)

In application of article 165 of the Civil Transactions Law, the Supreme Court held that contract clauses that are explicitly clear regarding the obligations of the parties in a development agreement cannot be reinterpreted.

You do not have a valid subscription to view Decree Intel. Decree Intel is a database of Omani legal research material that covers explanatory notes, government entity overviews, and case and fatwa summaries. Decree Intel is a separate subscription from Decree Legislation. Contact us to learn more.