Tag: Case and Fatwa Summary

Intel

Case Summary: Supreme Court (Criminal Circuit) Contestation 778/2020 (Trademark Infringement by Offering Goods for Sale)

Post author By Zayd Al Harrasi
Post date January 19, 2021

The Supreme Court held that offering a good for sale under a name identical to another party's registered trademark satisfies the material element of the misdemeanour of offering for sale a good bearing a trademark owned by another, under the Trademark Law of the Cooperation Council for the Arab States of the Gulf.

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Tags Case and Fatwa Summary

Intel

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

Post author By Riyadh Al-Balushi
Post date January 6, 2021

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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Intel

Fatwa Summary: MJLA Fatwa 202737218 (Validity of Corporate Governance Principles for Government-Owned Companies)

Post author By Riyadh Al-Balushi
Post date January 6, 2021

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 (Civil Circuit A) Contestation 1176/2019 (Vicarious Liability for Employee Conduct)

Post author By Nadine Al-Barwani
Post date December 14, 2020

The Supreme Court held that an employer is vicariously liable for the nuisance caused by its employees parking their vehicles in front of a property of another person.

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Case Summary: Supreme Court (Comp Circuit) Contestation 210/2020 (Validity of Power of Attorney Issued to Law Firm)

Post author By admin
Post date December 13, 2020

The Supreme Court held that a power of attorney submitted for a contestation must be issued in the name of the specific lawyer signing the petition, not in the name of the law firm.

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

Post author By Riyadh Al-Balushi
Post date December 8, 2020

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 (Criminal Circuit) Contestation 621/2020 (Conflict of Interest and Abuse of Office by a Government Official)

Post author By admin
Post date November 24, 2020

The Supreme Court affirmed that a government official who uses his position to set specifications and evaluate bids in favour of a local supplier, which secretly sources the materials from a foreign company owned by the official himself, is guilty of conflict of interest and abuse of office.

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

Post author By Noor Al-Rajhi
Post date October 28, 2020

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 B) Contestation 204/2019 (Invalidity of Arbitration Clause in Insurance Policy)

Post author By Shiyam Al-Harrasi
Post date October 27, 2020

In line with article 58(4) of the Insurance Companies Law, the Supreme Court held that an arbitration clause is invalid if it is contained within the general terms of an insurance policy and not in a standalone agreement that is separate from such general terms.

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Intel

Case Summary: Supreme Court (Commercial Circuit) Contestations 1313/2019 and 8103/2019 (Partners’ Personal Liability for Company Debts and Procedural Limits on Awarding Compensation)

Post author By admin
Post date October 13, 2020

The Supreme Court held that partners in a limited liability company who agree in the minutes of a partners' meeting to bear responsibility for repaying a loan taken for the benefit of the company become personally liable for its repayment in proportion to their shareholding once the company fails to repay it. The court also held that a court cannot award a party a sum that the party did not claim in the lawsuit, even if an expert report establishes its entitlement to it.

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