Dr Nizar Kochery/Doha
Question: What will be the possible action if a witness before the court furnishes distorted facts and suppresses details known to him to assist the claimant in receiving a decision in his favour? There is a case against me accusing breach of trust and the witness I have proposed is taking a turnaround. Please advise.
Answer: According to Article 172, whoever, being a witness who, after taking the oath before a judicial or investigative authorities, gives false testimonies or withholds all or some of the information of which he is aware regarding the facts of the case concerning which his testimony is being made, shall be punished with imprisonment for a term not exceeding three years and a fine not exceeding QR10,000.
Liquidation of a company
Q: We have decided to liquidate our company because of loss in business. We have appointed a liquidator and the liquidation is in progress. In what way, he will settle all the debts. Can we recover our initial investments for the establishment of company? Please explain.
A: The liquidator will settle the company’s debts after deducting the liquidation expenses including the liquidator’s fees in the following order: (1) amounts due to the employees, (2) amounts due to the state, (3) rent due to landlord who leased the property, and (4) other due amounts each in accordance to its preference with respect to relevant laws.
After clearing the company debts, the liquidator should pay up the partners the value of their monetary shares of capital and to allocate the surplus among them in proportion to the profit quota of each. The assets of the company will be distributed among the partners by sorting, following the principles prescribed for the distribution of the joint property, unless the articles of the association of the company stipulates otherwise.
Reopening a case after judgment
Q: In a civil case, I failed to produce a document which is relevant for the case. The defendant had submitted some forged documents and received judgment three months ago in his favour. Now in a dispute between the defendant and the main contractor, the documents were declared forged. Can I reopen my case with the help of the judgment? Does the expiry of time limit for filing appeal cause a rejection of my case? Please advise.
A: As per Article 165 of Civil and commercial procedural law, if a judgment is issued based on fraud made by a party or a counterfeit document or perjury or due to non-production of a conclusive document in the proceedings being kept by the party, the time for appeal shall only commence from the day that the fraud was disclosed or from the day on which the person who committed perjury has admitted his guilt or whose guilt has been proven upon a judgment or from on the day the person is adjudged to have committed perjury, or from the day the paper that was kept has been produced.
NOC not needed for job change
Q: Currently I am working in a hotel and my doubt is about NOC regarding transfer to another company. The term of my contract will finish in August 2017. If my present company refuses to give me NOC, what should I do? Please advise.
A: As per the new entry exit law, there is no requirement of a No-Objection Certificate from the previous employer for transfer of employment. The employee can change the job with the approval of the ministry, either after the expiry of their contract or after five years of service with the employer if the contract is indefinite. In case of definite contract, the employee has to give a 30-day notice to his employer about his plan to leave once fixed-term contract ends.
Employee who wishes to move to a new employer is required to apply through the link on the website of the Ministry of Administrative Development, Labour and Social Affairs by uploading the notice and employment contract. After verification, the ministry will issue the approval for transfer of employment.
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