Tag: Case and Fatwa Summary

Intel

Case Summary: Supreme Court (Commercial Circuit B) Contestation 404/2018 (Waiver of Arbitration Clause by Pleading on the Merits)

Post author By admin
Post date March 12, 2019

The Supreme Court held that an arbitration clause does not relate to public order, and a court cannot raise it on its own motion. A party must raise the arbitration defence before submitting any substantive defence on the merits of the case. Entering into the merits of the dispute before raising the arbitration clause constitutes an implicit waiver of the right to rely on it.

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Case Summary: Supreme Court (Criminal Circuit B) Contestation 860/2018 (Criminal Liability for Possession of Material Obtained in Violation of Environmental Laws)

Post author By Shiyam Al-Harrasi
Post date March 5, 2019

The Supreme Court held that the mere possession of frankincense without proof of purchase does not in itself render the possessor to be in violation of the Law on Environmental Protection and Pollution Control, even if it is not possible to obtain the amounts of frankincense in question without violating the law.

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Case Summary: Supreme Court (Civil Circuit C) Contestation 1226/2018 (Validity of Sale of Future Assets)

Post author By admin
Post date February 4, 2019

The Supreme Court held that a contract for the sale of a future asset—here, a villa under construction—is valid, provided the asset is sufficiently defined to negate ignorance and uncertainty, in accordance with article 118 of the Civil Transactions Law. A sale is not void merely because the asset does not yet exist or is not in the seller's possession at the time of contracting.

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Case Summary: Supreme Court (Civil Circuit A) Contestation 585/2018 (Tort Liability for Consequences of Rescinded Sale of Real Estate)

Post author By Abdulrahman Al-Farsi
Post date January 7, 2019

The Supreme Court ruled that even though a contract for the sale of real estate is invalid due to the failure to register the sale of the land officially with the government, a party can still be held liable in tort to the other party for the consequences of the invalidation of the sale.

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Case Summary: Supreme Court (Civil Circuit) Contestation 239/2018 (Calculation of Contestation Time Limits)

Post author By admin
Post date November 19, 2018

The Supreme Court held that the forty-day deadline for contesting a judgment begins the day after issuance for parties present at proceedings. If the deadline ends on a holiday, it extends to the next working day, but filing after that day renders the contestation time-barred under articles 19, 204, and 242 of the Civil and Commercial Procedures Law.

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Case Summary: Supreme Court (Civil Circuit A) Contestation 155/2018 (Consequential Damages for False Criminal Accusation of Employee)

Post author By admin
Post date October 15, 2018

The Supreme Court held that an acquitted bank employee suspected of fraud is not entitled to compensation for financial, psychological, and moral losses she incurred as a result of the criminal investigation. The Supreme Court based its judgment on the fact that the criminal investigation that took place was legitimate, even though the employee was eventually not found guilty.

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Fatwa Summary: MJLA Fatwa 182710759 (Liquidation of a Shareholder)

Post author By mohtai
Post date September 2, 2018

The Ministry of Justice and Legal Affairs (MJLA) deemed that the liquidation of a shareholder in a limited liability company does not affect the legal status of the limited liability company.

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Case Summary: Supreme Court (Labour Circuit) Contestation 634/2017 (Legal Effect of Rescinding a Resignation Letter)

Post author By Aram Al-Bahri
Post date April 30, 2018

The Supreme Court held that a letter of resignation loses its legal effect if the employee rescinds this letter before the employer accepts this resignation.

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Case Summary: Supreme Court (Labour Circuit) Contestation 766/2017 (Calculation of Rest in Overtime Work)

Post author By Riyadh Al-Balushi
Post date April 9, 2018

An employee sued his employer for compensation for unpaid overtime working hours on the basis of two extra hours plus a one-hour break. The Supreme Court held that break time is not calculated as part of unpaid overtime.

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Case Summary: Supreme Court (Labour Circuit) Contestation 548/2017 (Failure to Terminate a Definite Period Contract)

Post author By mohtai
Post date March 19, 2018

The Supreme Court held that the failure of the employer to terminate a definite period employment contract before its expiry transformed the contract into a new indefinite period contract.

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