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Court restores citizens’ rights, rejects bank guarantee instruments misuse in debt issue

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KUWAIT CITY, June 24: In a landmark ruling, the Commercial Circuit of the Court of Cassation has established a pivotal legal precedent by overturning a prior appellate judgment in favor of a Kuwaiti citizen. The appellant was represented by legal counsel Dr. Fawaz Khaled Alkhateeb of Taher Group Law Firm Co. The court affirmed the necessity of crediting all amounts previously repaid under a loan arrangement and rejected the notion that bank guarantee instruments can serve as standalone sources of debt obligation.

Dr. Fawaz Khaled Alkhateeb of Taher Group Law Firm Co.

The court held that the true nature of the relationship between the parties was a loan agreement and that all associated instruments, such as promissory notes and declarations, constitute evidentiary tools within the framework of that primary contract. Accordingly, any payments already made must be duly deducted when calculating the remaining debt. The court further emphasized that failure to recognize the repayments made by the borrower constitutes a serious violation of the right of defense and a fundamental legal error affecting the integrity of the judgment, thus warranting its annulment.

It ruled that the financial institution is obligated to reassess the indebtedness in light of the amounts proven to have been repaid, thereby applying the principles of economic justice and prohibiting unjust enrichment. Commenting on the ruling, Dr. Fawaz Alkhateeb stated, “This decision reinforces judicial safeguards against the misuse of bank guarantee instruments and ensures that individuals’ financial rights are not undermined under the guise of formalities.”

Kuwait Court

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Kuwait Visa Fraud: Officials and Company Owner Held Over 382 Fake Worker Permits

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KUWAIT CITY, Oct 1: A detention renewal judge ordered the continued detention of a Kuwaiti company owner, several expatriates, including Egyptians and a Palestinian, and a supervisor and acting manager at the Public Authority for Manpower, all of whom are involved in one of the largest residency trafficking cases in the country. The Public Prosecution accused them of issuing fake licenses to recruit 382 workers under the names of 28 non-existent companies, charging between KD 800 and 1,000 per worker. Investigations revealed that some employees at the Public Authority for Manpower accepted bribes of KD 200 to 250 per worker to facilitate issuing these licenses.

By Jaber Al-Hamoud
Al-Seyassah/Arab Times Staff

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Kuwaiti Fined KD 10,000 for Insulting Kuwaiti Society in Viral Video

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KUWAIT CITY, Oct 1: The Criminal Court fined a citizen, identified only as “A. M.”, KD 10,000 for insulting a segment of society. The Public Prosecution charged the defendant with insulting a segment of Kuwaiti society through a video clip that went viral on social media. The defendant denied the charges. Also, the Criminal Court imposed a fine of KD 50,000 on Dr. Abdul Mutalib Behbehani for inciting sectarian strife through posts he uploaded on his X account that contained statements the court deemed likely to undermine national unity and harm the social fabric. The Misdemeanor Court of Cassation overturned the verdict issued by the Misdemeanor Court of Appeal, which sentenced two brothers to two years in prison with hard labor on charges of alcohol trafficking. The ruling was deemed invalid because the Court of Appeal adjudicated the case directly without referring it back to the Court of First Instance, violating the principle of two-stage litigation. The Misdemeanor Court initially ruled that it lacked subject-matter jurisdiction over the misdemeanor of alcohol trafficking and referred the case to the Criminal Court, considering it a case of recidivism. However, the Court of Appeal ruled that it had jurisdiction and proceeded to hear the case, ultimately issuing the prison sentence.

By Jaber Al-Hamoud Al-Seyassah/Arab Times Staff

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Indian Man, Nepali Woman Face Trial in Kuwait Murder Cases

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KUWAIT CITY, Oct 1: The Criminal Court adjourned the trials of two expatriates until October 14 – an Indian man accused of murdering his wife in Farwaniya, and a Nepalese female domestic worker accused of murdering her infant daughter in Abu Halifa by placing her in a bag for disposal. In addition, the detention renewal judge ordered the continued detention of a man accused of killing his young friend in Firdous during a quarrel between them.

By Jaber Al-Hamoud Al-Seyassah/Arab Times Staff

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