DRT, Doha
Answer: As per Article 140, if the court judgment omits part of the substantial applications, the party concerned may apply before the court to hear these requests and decide upon them. The parties may also apply to the court which issued the judgment for interpretation of any ambiguity or confusion in its text. Article 138 of the Civil and commercial procedure law stipulates that the errors shall not affect the validity of judgment and the court shall undertake to rectify such errors in the judgment by a decision issued by the court in its own motion or at the request of one of the litigants without pleadings.
The registry of the court shall make the corrections in the original judgment copy and sign the same together with the presiding judge. The rejected request for correction may not be challenged except with the objection to the judgment itself. But, decision issued for correction may be appealed separately by the applicable procedure for appealing the correction of a judgment, if the court exceeds its authority.
Returning to Qatar to take up new job
Q: I am working with a Dubai-based company in Doha. Due to the recent issues, they terminated me in July and instructed to change sponsorship before August 10. If not, the company will cancel the residency permit. If the permit is cancelled, can I return to Qatar? Please advise.
NK, Doha
A: As per the new entry exit law, an employee can change the job with the approval of the government, either on termination or after the expiry of the term of contract or after five years of service with the employer if the contract is indefinite duration.
In case of cancellation of residency permit, the person will be able to return to Qatar to take up employment immediately after being granted a new visa. The new law abolishes the current two-year ban on expatriates who want to come back to the country on a new visa. Now, there is no requirement of a no-objection certificate from the previous employer for a former resident to take up a new job in Qatar.
Company cheque gets dishonoured
Q: A company cheque signed by the Qatari partner got dishonoured and there is judgment against him and the company from the civil court. The Qatari partner was a guarantor in the transaction. But we are not in a position to make the payment. Recently, we received notice for execution case and Qatari partner said that the opposite party has filed application for jail order against him. What will be the effect of such an application? Please advise.
WO, Doha
A: As per Article 514 of the Civil & Commercial Procedure Code, if the judgment debtor abstains from the execution of judgment issued against him, the judgment creditor may request the imprisonment of the judgment debtor. The court may order the imprisonment of the judgment debtor if it is established that the judgment debtor is able to fulfil his obligation based on the issued order and that he was ordered by the judge to fulfil his obligation and failed to do so. Such imprisonment period shall not exceed three months.
Outstanding utility dues
Q: Our company executed a lease contract to accommodate company employees. As per the terms of the lease contract, early termination letter was issued and the property was handed over to the landlord accordingly. Company has been making six months advance rental payments to the landlord. Now there is one month rent to be returned to the company. The landlord is not paying back this one month rent stating that, there is outstanding utility dues. Is it legally admissible to hold the advance payment made on the ground that the utility bills are not settled? Please advise.
TP, Doha
A: If the utility bill remittance is the duty of the tenant as per the contract, the tenant is legally obliged to settle the same. If the tenant failed to make the payment, the landlord can hold the cheque for the recovery of utility bills. The tenant cannot raise the defence that the cheque was issued as rent or security deposit. The landlord can deposit the cheque for the utility bill payment and return the balance to the tenant.
Article 350 of the Penal law
Q: A housemaid was arrested based on the complaint of her neighbour. The police stated that the offence is theft. In the court paper, it is written that an offence is committed as per Article 350. Please explain Article 350 and its effect?
IK, Doha
A: Article 350 of the Penal law states that whoever finds lost property but does not return it to the rightful owner, or to a police station within seven days of the date of finding the money, and retains it with the intention of keeping it, whether at the time of finding or afterwards, shall be punished with imprisonment for a term not exceeding six months or with a fine not exceeding QR3,000 or both.
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LEGAL SYSTEM IN QATAR
Any culprit, who informs the competent authorities, before using a counterfeit, forged or falsified currency or instrument, and prior to the detection of the offence, shall be exempted from penalties. If the offender informs the competent authorities after the offence has been discovered, the court may grant him pardon from the punishment if such information leads to the arrest any of the other offenders.
As per Article 227, anyone who creates, sells or disposes of any forged or falsified measures or weight units knowing of the possibility of their use as true and legal units and measures, shall be punished with imprisonment for a term not exceeding one year or with a fine not exceeding QR5,000 or with both.
Whoever for the purpose of cheating, uses an untrue balance, weight, or linear measure that differs from the correct unit or measure shall be punished with imprisonment for a term not exceeding one year or with a fine not exceeding QR5,000 or with both penalties.
As per Article 229, any person who knowingly possesses an untrue or falsified balance or weight and measure units for the purpose of using them shall be punished with imprisonment of either description for a term which may extend to three months, or with fine not exceeding QR1,000, or with both.
Any person who purposely sets fire to another person’s property shall be punished with imprisonment for a term not exceeding five years. The penalty shall be up to seven years if lives or property of people are exposed to danger.
According to Article 232, any person who purposely sets fire to own property and jeopardises other people’s lives and properties shall be punished with imprisonment for a term not exceeding seven years.
Whoever purposely sets fire to an occupied property or a place prepared for housing, or for keeping money, a ship, oil well, or machines or equipment to produce, refine and transport oil, oil storage, or public resources shall be punished with imprisonment for a term not less than five years and not exceeding 15 years.
Without prejudice to any other more severe penalty stipulated by law, any person who accidentally sets fire to another person’s property shall be punished with imprisonment of either description for a term which may extend to one year, or with fine not exceeding QR5,000, or with both.