Page 105 - مجلة المحكمة العليا السنة الأولى العدد الأول
P. 105
No. 1 4 Vol. I
the State is entitled to levy from these subjects anl argument of merits which cannot be raised before
persons any compulsory taxes assessed by her to be the Supreme Court:
necessary for running her affairs and meeting pubiic
expenses. So that without being subject to limitation CIVIL OBJECTION FOR CASSATION
by any claim of acquired right or hope of ina No. 23 - VIII
mutability of circumstances, the State may amend
provisions of taxation with a view to increase or Decided on 14 March, 1964
diminish her proceeds in any particular sector of Subject matter:
revenue.
Probative proceedings.
CIVIL OBJECTION FOR CASSATION Principle of Law
No. 28 - X
Apart from its power to modify or cancel any
Decided on 13 November 1963 probative proceedings ordered by her, a court may
disregard the outcome of the proceedings provided
Subject matter: that her reasons for so doing are indicated in the
Pre-emption action (Article 907 Civil judgment.
Code) Joinder therein of three CIVIL OBJECTION FOR CASSATION
No. 36 - VIII
parties, namely: pre-emptioner,
Decided on 28 March 1964
seller and purchaser. Subject matter:
Principle of Law 1. Element of prescription.
2. Possession producing legal effects.
In a pre-emption action, the three parties con- 3. Substantiation of judgement by
cerned: pre-emptioner, seller and purchaser shall be
joined to all stages of litigation, namely: before the showing details of prescriptive
court of original jurisdiction, the court of appeal and possession.
the court of cassation. If any of the parties mentioned Principles of Law
brings a legal action of pre-emption and fails to join
the other two parties to the litigation, the action 1. -Prescription is bound to materialise by virtue
shall be deemed inadmissible for failure to join all of legal possession which in turn, is based upon a
parties concerned to the litigation: material element and a moral element: The former
element constitutes the factual relation which joins
CIVIL OBJECTION FOR CASSATION the possessor to the possessed provided that this relat-
No. 20 - VIII ion indicates categorically that the possessor has full
dominion over the possessed. The second constitutes
Decided on 29 February. 1964 the possessor's intention to acquire ownership.
Subject matter. 2. In order to produce its legal effects, pos-
session should be apparent as well as quiet and clear.
Decision of arbitrary dismissal. Where this possession is proved to have fully run
its legal course it is bound to produce a corresponding
Principle of Law ownership.
Where the challenged judg ment is substantiated 3. While discussing prescriptive possession in
by adequate reasons which rightly conform to what her judgement, the court concerned has to indicate
the judgment concludes from the arguments of the
parties, such judgment cannot be subject to re-
view before the Supreme Court. Any pleading of
deficiency raised against this judgment amounts to
