I PKN 104/97
AI generated
Supreme Court dismissed cassation for citing material law violations that could not serve as a basis for the judgment.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the plaintiff against the regional court's decision in a labor dispute. The plaintiff alleged violations of procedural rules regarding evidence and the scope of the concept of 'transfer' during liquidation, but failed to substantiate these claims. The court ruled that since the cited material law provisions were not the actual basis for the lower court's decision, they could not constitute grounds for cassation.
Legislator headnote
AI generatedArt. 393 § 11 KPC; Art. 393 § 3 KPC: The Supreme Court reviews cassation appeals only within the limits of the grounds and requests raised by the appellant, and cannot assess material law violations not specifically alleged as the basis for the judgment.
Keywords
AI generated
cassation limits
material law violation
basis of judgment
procedural law
labor dispute
liquidation transfer
interest in legal matter
Cited Legislation
AI generatedart. 382 KPC
art. 386 § 4 KPC
art. 23 § 1 KP
art. 189 KPC
art. 393 § 11 KPC
art. 393 § 3 KPC
art. 393 § 12 KPC