Public officer entering house without permission
February 22 2019 11:28 PM
legal helpline
legal helpline

By Dr Nizar Kochery/ Doha

Question: Is it legal to enter one’s premises without authorisation? Does the law grant any kind of exemption to the public officials? What will be the punishment for a person who entered a residence without any official order? Please advise. 

JA, Doha

Answer: As per Article 162 of Penal Law, any public officer who, under pretext of the powers of his office, enters the house of a person or any of its attachments, without the consent of the concerned person or causes someone else to enter therein except in those cases authorised by law, shall be punished with imprisonment for a term not exceeding three years or a fine not exceeding QR10,000 or both. The same penalty shall apply to any public officer who searches a person, a house or a store without the consent of the concerned person, or causes someone else to do the same except in those cases authorised by law. 

Joinder application
for a legal case

Q: I have invested a small amount in a business on a friend’s request. My colleague also invested in the same business. It was agreed to share profit according to the contract. But the friend did not share the profit and he did not respond to our requests. My colleague has filed a legal case against him for cheating. Can I join as party to the case filed by my colleague? How can I add my name as additional party to the case? Please advise.

ON, Doha 

A: According to Article 78 of the Civil and Commercial code of procedure, any interested person may join the lawsuit to any of the parties or claim judgment for a remedy connected with the lawsuit. The joinder application shall be in accordance with the normal procedure for filing lawsuits, prior to the date of the session, or by verbal application in the presence of the parties, to be noted in the records of the same. The joinder application shall not be permitted after close of pleadings. The court shall decide on every dispute relating to acceptance of joinder. Joinder shall cause deferment of judgment in the original lawsuit whenever it is fit for judgment. The court shall decide on joinder applications together with the original lawsuit, whenever it is possible, otherwise it shall reserve the joinder application for judgment after granting the same.

NOC from previous
employer not needed

Q: My employer terminated me without any reason and I have completed seven years in the company. The company did not pay my dues. Another company has offered me a job, but they require NOC from the old sponsor company. Is it possible to file a case against the company for not issuing an NOC? Please advise.

PI, Doha

A: The granting of a no-objection certificate is the discretion of the employer. However, as per the entry, exit and residence law (Law No. 21 of 2015), there is no requirement of a no-objection certificate from the previous employer for a resident to take up a new job in Qatar. The employee can transfer the job with the approval of the Ministry of Labour, after five years of service with the employer. 

Insurance coverage
in fire accident

Q: In case of fire accident, is the insurance coverage limited to direct damages? If a fire accident resulted from the defect in the insured object, whether the insurer can reject the claims on such defect? What is the law on insurance? Please advise.

YG, Doha 

A: According to Article 803 of the civil laws, in fire insurance, the insurer shall be responsible for all damages arising from the fire or from the start of a fire that can become a complete fire or for a fire risk that can materialise. Its liability shall not be limited to the damages arising directly from the fire but also covers the damages that arise as an inevitable result thereof, particularly the damages caused to insured property by reason of using methods of rescue or of prevention of the extension of fire. The insurer shall ensure providing compensation for the damages arising from the fire even if such fire arises from a defect in the insured property. The insurer shall be liable for damages arising from an inadvertent fault of the insured and shall also be liable for damages arising from a sudden accident or a force majeure, as per Article 805.

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