Latest news with #CivilProcedureLaw
Khaleej Times
02-04-2025
- Business
- Khaleej Times
UAE: Man cleared of Dh200,000 'debt' after swearing in court he didn't borrow amount
A man was cleared of an alleged Dh200,000 debt after swearing in court that he had not borrowed the amount from his friend three years ago, the Al Ain Court ruled on Thursday. The plaintiff filed a lawsuit claiming the defendant owed him Dh200,000, along with an additional Dh50,000 for delays that allegedly caused financial losses and legal fees. As proof, the plaintiff presented a witness but had no legal documentation to confirm the loan. The defence lawyer argued that a witness testimony could not be used as evidence for financial claims exceeding Dh50,000, citing Article 66 of Law No 35 of 2022. The court upheld defence argument, noting that the plaintiff had no valid reason for failing to provide written or electronic proof of the loan. Given the lack of documentation, the plaintiff requested that the defendant be asked to take a decisive oath — a Shariah concept followed by UAE laws when a case lacks material evidence. The defendant swore under oath: 'I swear by Almighty God that I did not borrow Dh200,000 from the plaintiff and am not liable for the amount claimed. God is my witness.' A decisive oath serves as a final resolution to a dispute when one party cannot provide evidence, leaving the case to be settled based on the conscience of the opposing party. Once taken, it conclusively determines the outcome. Following the oath, the court ruled that the plaintiff's claim had lost its legal basis and dismissed the case. The plaintiff was also ordered to cover all court fees and expenses, in line with Article 133 of the Civil Procedure Law.
Shafaq News
09-03-2025
- Politics
- Shafaq News
Political gridlock: Court reinstates Nineveh Council chairman
Shafaq News/ A deepening political rift has gripped the Nineveh Provincial Council following an administrative court ruling on Sunday that suspended the dismissal of Council Chairman Ahmed Al-Hasoud, further fueling tensions among rival blocs. According to an official court document, the Administrative Court ruled in favor of Al-Hasoud and issued an injunction to halt his removal until a final verdict is reached. The decision, based on Articles 151 and 152 of Iraq's Civil Procedure Law, was described as urgent but subject to appeal. The decision came after Al-Hasoud had filed a legal challenge against his dismissal, arguing that the procedure lacked legal validity. However, several council members maintain that his removal was conducted per constitutional and legal frameworks. His ouster had been backed by a majority vote within the council, reflecting ongoing power struggles between the "Unified Nineveh" bloc, which includes Sunni Arab and Kurdistan Democratic Party (KDP) members, and the rival "Future Nineveh" coalition. Sources within the council told Shafaq News that the court ruling has further polarized political alliances. While the "Unified Nineveh" bloc sees the decision as a strategic move to restore figures aligned with their interests, their opponents argue that it undermines efforts to hold officials accountable. Political interventions, particularly from senior figures such as Faleh Al-Fayyad, are believed to have played a role in Al-Hasoud's reinstatement, according to insiders. This has sparked public frustration in Mosul, where many residents view the decision as politically motivated rather than legally justified.
Iraqi News
10-02-2025
- Politics
- Iraqi News
Court of Cassation: Federal Court authority does not include non-contentious jurisdiction
The Vice President of the Federal Court of Cassation, Judge Hassan Fouad, confirmed on Monday that the Non-contentious jurisdiction does not fall within the jurisdiction of the Federal Supreme Court, but remains in session for the ordinary judiciary in accordance with its general jurisdiction and the legal provisions contained in the Civil Procedure Law. Fouad said in an article, received by the Iraqi News Agency (INA): "Article 94 of the Constitution of the Republic of Iraq stipulates that the decisions of the Federal Supreme Court are final and binding on all authorities, and since the procedures for issuing the order on a petition (Non-contentious jurisdiction) in accordance with Articles 151, 152 and 153 of the Civil Procedure Law No. 83 of 1969, as amended, are temporary and precautionary measures aimed at creating a balance between the parties to the lawsuit and to include an element of urgency without prejudice to the origin of the right."
