(MENAFN- Gulf Times) Question: I have filed a civil case for recovery of money and court has appointed an expert in the matter. No hearings have been held after that. The defendant did not so far attend the case as he was not in Qatar. Now I understand that the defendant died due to illness. What will happen to an ongoing case in the court if the defendant died?
AS, Doha
Answer: As per Article 85 of Civil and Commercial Procedure law, the course of litigation shall discontinue by operation of the law due to the death or incapacity of one of the parties unless the lawsuit is ready for judgment on its merits and then the court may hear the lawsuit based on final statements and applications, or postpone it at the request of those who represent the party that has died or is incapacitated or has lost capacity to proceed or at the request of the other party. The lawsuit shall be deemed to be fit for judgment on merits whenever the parties have submitted their final statements and applications in the hearing before the death or incapacity or loss of capacity to proceed with litigation.
Selling company/shares to a friend
Q: I am working in a company in Doha and I also hold some shares in another company. I have some problem with my employer because of holding shares in another company. Now I have decided to sell my shares to my friend. But the co-partners are not agreeing for the same. Is it mandatory to get consent from the shareholders to sell my shares? Is it possible to sell shares to my friend? Please advise.
GI, Doha
A: According to Article 238 of Commercial Companies law, if any partner who intends to sell his shares to any person other than the partners of the company for consideration, shall notify the other partners of the assignment terms through the company manager unless the Article of Association of the company stipulates otherwise. Upon receipt of such notice, the manager shall notify the partners. Each partner is entitled to request for the recovering of the share for its real price and on the same condition. In the event of disagreement over the price, the company's auditor shall fix that price as on the recovery date. The said partner shall be free to dispose of his shares, if no partner requests recovery of the share after 30 days from the date of notification.
Probation periodand gratuity
Q: I am working in an IT company since October 2016 as a sales representative. The company did not process my visa on time and when I expressed my willingness to leave the job, the company processed visa and I received my ID three months ago. Now the management is paying the salary and increments as agreed. I have visa validity up to October 2017. So, if I leave the job after completing one year, am I eligible for gratuity? Is it legal to exclude the probation period for the purposes of calculating end-of-service benefits? The management policy stated that the probation period is excluded from the period of service. If the company refuses to issue the exit permit stating that authorised person is not available, what is the solution? Please advise.
AK, Doha
A: The parties to the contract may agree to commence employment without probation as probation is not compulsory under the law. It is left to the discretion of the parties to agree upon the actual term of the probationary period subject to a maximum of six months. According to Labour Laws, once completed, the probation period is considered as part of the overall employment term and is taken into account when calculating gratuity and other benefits. All benefits accrued during the probation period must be paid along with repatriation costs.
If the employer refuses to issue the exit permit, any employee who has trouble in leaving the country can apply to the Exit Permit Grievance Committee. The committee will consider the complaint and shall make a decision within a maximum of three working days.
Case pertaining todishonoured cheque
Q: Due to some loss in the business the cheques I issued to suppliers got dishonoured. Now the suppliers have filed a criminal case against me. Can I get discharged from the criminal liability as the issuance of cheque is a civil matter? What is the law on dishonoured cheques?
JS, Doha
A: As per Article 357 of the penal laws, whoever draws in bad faith a cheque without sufficient funds or who, after giving the cheque withdraws all or part of the funds, so that the remaining balance is insufficient to cover the amount of the cheque, or gives an order to the drawee to stop payment, or deliberately writes or signs the cheque in such a manner as to make it unpayable shall be punished with imprisonment for a term of not less than three months and not exceeding three years or with a fine of not less than QR3,000 and not exceeding QR10,000 or with both penalties.
The criminal case pertaining to a dishonoured cheque shall be terminated either by payment of the value of the cheque or by withdrawal of the complaint following the occurrence of the crime and prior to the issuance of a final court judgment.
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LEGAL SYSTEM IN QATAR
According to Article 300 of the Penal laws, anyone who intentionally kills another person is punishable by death penalty in the following instances: (1) if such murder is committed with pre-meditated; (2) if such murder occurs as a result of the use of poisonous or explosive material; (3) if it is perpetrated against any of the culprit's descendants, (4) if such murder is committed against a public official or one in charge of a public service in the course of, because of or on the occasion of performing his duties or service; or (5) if it is accompanied by or associated with another crime. If the ‘avenger of blood heir' forgives or accepts blood money, the death penalty shall be commuted with imprisonment for a term not exceeding 15 years. Premeditation means a determined intent prior to commission of a crime against any person, and meditation on measures which are necessary to carry out the crime precisely.
Except otherwise described in the preceding Article, whoever causes death by doing an act with the intention of causing death of a human being shall be sentenced to death or to life imprisonment. If the ‘avenger of blood heir' forgives or accepts blood money, the penalty shall be commuted with imprisonment for a term not exceeding seven years. As per Article 303, a woman, who purposely kills her baby immediately after birth so as to avoid disgrace because the baby is the result of incest, shall be sentenced to imprisonment for a term not exceeding three years. Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with imprisonment for a term which may extend to six months or with fine not exceeding QR3,000, or with both.
Whoever abets or assists another in any manner to commit suicide, if the act of suicide is committed, shall be punished by imprisonment for a maximum period of seven years. If the person who commits suicide has not completed 16 years of age, or if the person is an insane person or delirious person or any person in a state of intoxication, whoever abets shall be liable to imprisonment for a term not exceeding ten years.
According to Article 306, whoever assaults another person physically in any manner without intending murder, but the assault leads to death, shall be sentenced to imprisonment for a period not exceeding ten years. if the act is premeditated, the penalty shall be for a term not exceeding 15 years in prison. In all cases, the offender shall be punished by imprisonment for a period not exceeding three years, if the ‘avenger of blood heir' forgives or accepts blood money. Whoever intentionally causes another a permanent disability shall be punished with imprisonment for a maximum period of seven years. If such act is premeditated, the offender shall be liable to imprisonment for a term not exceeding ten years. Permanent disability shall arise if an injury leads to severance or dismemberment of any organ or amputation of any part thereof, to the loss or diminution of its use, or to permanent, total or partial failure of the function of any of the senses. In all cases, the offender shall be liable to imprisonment for a term not exceeding two years, if the ‘avenger of blood heir' forgives or accepts blood money.
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