Tag: Case and Fatwa Summary

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Intel

Case Summary: Supreme Court (Commercial Circuit) Contestation 903/2019 (Invalidity of Lawsuit Against Deceased)

The Supreme Court held that a lawsuit cannot be commenced against a deceased person, that any such lawsuit is null and void, and that this procedural mistake cannot be corrected by any subsequent action.

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Intel

Case Summary: Supreme Court (Criminal Circuit) Contestation 818/2021 (Liability of Food Delivery Platform)

The Supreme Court held that Talabat is a "supplier" for the purposes of the Consumer Protection Law, and therefore, Talabat is liable towards the consumer for the failure of a restaurant to deliver food to a consumer.

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Fatwa Summary: MJLA Fatwa 212747517 (First-Sale VAT Exemption)

The Ministry of Justice and Legal Affairs (MJLA) deemed that the first sale of real estate by the developer in integrated tourism complexes is not exempt from value added tax (VAT).

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Fatwa Summary: MJLA Fatwa 202737218

The Ministry of Justice and Legal Affairs (MJLA) deemed the Corporate Governance Principles for Government-Owned Companies issued by the Capital Market Authority (CMA) to be invalid due to the failure of the CMA to publish such principles in the Official Gazette and the lack of competence of the Executive President of the CMA to issue them. The MJLA also held that companies subordinate to the Oman Investment Authority are not exempt from the scope of such principles.

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Case Summary: Supreme Court (Commercial Circuit) Contestation 620/2019 (Employer Liability for Unauthorised Employee Conduct)

The Supreme Court held that an employer is liable for the conduct of an employee as long as the employee is seen as an apparent agent of the employer, even if the employee conducts activities not authorised by the employer and even if the employer does not gain profit from these activities.

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Case Summary: Supreme Court (Rent Circuit) Contestation 124/2019 (Legal Personality of a Joint Venture Company)

The Supreme Court confirmed a court of appeal judgment in which a lawsuit initiated by a joint venture company against a third party was dismissed on the basis that a joint venture company does not have legal personality, and therefore it is incapable of initiating lawsuits against any third party.

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Case Summary: Supreme Court (Commercial Circuit A) Contestation 467/2020 (Tribunal Excess of Power + Award Defects as Ground to Set Aside Arbitration Award)

The Supreme Court set aside an arbitration award because the arbitral tribunal decided on matters in its award that go beyond the scope of the matters agreed upon between the parties to the dispute and because the arbitral award did not include the details of the relevant arbitration agreement.

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Case Summary: Supreme Court (Commercial Circuit B) Contestation 970/2010 (Liability of Guarantor Shareholders for Company Debts after Sale of Shares)

The Supreme Court held that a shareholder who signs a guarantee agreement for the debts of the company remains liable for these debts even after selling his shares in the company.

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Case Summary: Supreme Court (Labour Circuit) Contestation 802/2020 (Termination of an Employee Under Probation)

The Supreme Court held that an employee improperly dismissed during the probation period is only entitled to compensation for the pay of the legally required notice period (i.e. seven days) and does not have the right to have his employment reinstated.

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Case Summary: Supreme Court (Rent Circuit) Contestation 250/2017 (Arabic Requirement for Court Evidence)

The Supreme Court refused to admit evidence because it was not submitted in the Arabic language.

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