Opinion
Witness no longer remembers statement
Witness no longer remembers statement
September 08, 2018 | 12:46 AM
Question: There was a criminal case against me and I was having a witness in the court. The witness’ statement was also recorded by the police at that time. I left country as there was no call from the court. Now on arrival on a new visa the police caught me and the case is in trial now. The court ordered the witness to attend. But he says he doesn’t remember the matter now. What will happen in such a case?ST, Doha Answer: According to Article 202 of the Criminal Procedure Code, if the witness claims that he no longer remembers a fact, or if his testimony in the hearing contradicts his former testimony or statement, the portion of his testimony related to the incident may be read out from his statement during investigation or from the record of collected evidence.Unable to repayloan instalmentQ: For my personal needs, I availed a loan from the bank last year and have paid the monthly instalments as per the agreed terms. But now, I lost my job and I face difficulty in paying next month’s instalment. I got a new offer letter from a company. However, I doubt whether I will be able to pay the next instalment. Can I get any concession from bank as I lost my job? What will be the action initiated by bank on defaults? Please advise.SJ, DohaA: It is the discretion of the bank to revise the terms of the loan repayment on request and such revision of repayment is not a legal right of the borrower. Negotiate with the bank for revising the repayment terms. The personal loan is not connected with the employment and claims for loan repayment shall subsist irrespective of whether the borrower is employed or not.In general, prior to disbursement of loans, all banks enter into specific loan agreements with the borrowers which usually set out specific terms and conditions, signed cheques, etc for repayment of loan or recovery in the event the borrower loses his employment or any other source of income based on which the bank had disbursed the loan or otherwise.Banks may try to invoke all the conditions for securing repayment of the loan set forth in the loan agreement in the event of a default which may include encashment of the cheque issued by the borrower in favour of the bank against the loan along with any other securities provided by the borrower. Landlord shall notdisturb the tenantQ: We have rented an office building in Doha and are operating from there for the last six months. Now the landlord has occupied certain area of building for some other works and he restricted the free use of the premises. Based on this he refused to reduce the rent when requested. When a property is rented, does the landlord have the right over the same property and does he have the right to use it? Or in such a case, can the tenant seek termination of contract? Please advise. OW, DohaA: As long as the tenant is paying the rent, the tenant has the right to prevent anyone from entering the premises. According to Article 597 of the Civil Law, the landlord shall not disturb the tenant or challenge his utilisation for all the tenancy period and landlord shall not be allowed to make any change in the premises in a way that affects or prevents the tenant from its utilisation. The tenant can seek for termination of the lease contract as per Article 591 of the civil law. Where the leased property is delivered in a condition unfit for its intended use, or if such condition may considerably affect such use, the tenant may demand termination of the lease contract or a reduction in the rent to the extent that the property is so affected, and in either case, payment of indemnity, as applicable, without prejudice to the tenant’s right to bind the landlord to perform all necessary repairs to render the leased property into a condition fit for its intended use.Returning to Qataron a new visaQ: What is the existing law on visa? I got terminated from my company and the management has decided to cancel my RP. I have received my entitlements through the Department of Labour. In such a case, do I need to wait for two years to get a new visa? Do I need to collect NOC from employer to waive the ban? Please advise. NJ, DohaA: As per the entry-exit law, the person will be able to return to Qatar to take up employment immediately after being granted a new visa in case of cancellation of the residency permit. The new law abolished the earlier two-year ban on expatriates who want to come back to the country on a new visa. An expatriate who has got a new contract to work in Qatar can come back even the next day. 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. As your employment contract has been terminated by the employer, subject to necessary approvals, local transfer without exiting the country also possible. Please send your questions to leges@qatar.net.qa
September 08, 2018 | 12:46 AM