Questions & Answers
Questions & Answers
10 available 10 • View allCan I claim compensation if I've been falsely accused of a crime?
Q: There was a criminal complaint made against me and my husband and both of our passports were held by the public prosecution. After 8 months of investigations, the public prosecution has now only charged my husband and has released my passport.
Can I open a case against the complainant for the harassment that I faced for 8 long months and mental trauma that I went through?
My request for releasing my passport by substituting someone else's was also rejected 4 times without giving any reason within this period and I could not travel even though my child and my mom were unwell.
Sep 22, 2017
28607
Wrongfully accused? You would have received a call by now
Q: We've been in a situation with another driver at the mall parking. While driving past us, she drove her car to block us. When we got out of the car, she was very angry with us.
First, she was accusing us of saying the F word to her while we were in the car (We did not). Then she said that my wife was giving her the middle finger (Again, my wife did not). She was simply reaching out to wear the car seat belt.). No matter how much we tried to explain or calm her down, she insisted that she would report to the police.
She then took our car plate no. and drove off. We're 100% sure that we didn't do any of the things she said. However, we're not sure if that corner of the mall has a camera to prove our innocence.
We're really worried that this would turn into a serious matter and we don't have a chance to explain ourselves. What do you suggest us to do in this case?
Dec 15, 2017
1013
Misrepresentation in a criminal case filed by the bank
Q: My husband was arrested at the airport because of a wrongful case filed by a bank in the UAE against my husband's company instead of the actual loan defaulter.
My husband was held at the airport and was not allowed to travel that night. They released my husband that night after the intervention of his sponsor.
But the passport was held as security. He had to visit the police station on the next working day to prove his innocence and reclaim his passport.
We want to sue this bank. How should we proceed?
Feb 13, 2019
709
Filing a case against a bank for violating an agreement to reduce the interest rate
Q: Hi,
I have a mortgage with a bank in Dubai. I renegotiated the interest rate with them in DEC 2018 to 4.15%. I discovered, in Jan 2020, that the bank had never amended my interest rate to 4.15% but was instead charging 7.75%. This bank has never ever sent me a statement of my mortgage.
I have been in discussion with them ever since but they are refusing to abide by the terms of that signed agreement which I have in my possession.
I want them to refund me the amount that I have been overcharged over the past 15 months. They are instead offering me a 3.99% rate for the next 3 years.
I have filed a complaint with the Central Bank, they have not replied to the Central Bank's query in the 14 working day period. The bank has told me that I can call back on Sunday to see if they have replied.
How can I get this bank to honor the agreement and refund me for their mistake? It seems that there is no accountability expected from them and I'm bearing a heavy financial burden as a result.
Mar 26, 2020
564
A friend took the checkbook and falsified the signature of the owner
Q: I have given my checkbook of RAK Bank to one of my friends last year in October. It was purely blank.
That guy copied my ID signature very perfectly and put a case on me of 300,000 AED in Dubai in May. now I am on Kafala and case in criminal court.
I didn't sign that and I have not written anything. The forensic expert verified that the writing is not mine but the signature matches. At public Persecution, I brought my witness there who told them that I gave my checkbook in front of her. but they told me that I am lying.
In the last hearing on 17 Nov., the judge asked me to submit my defense in Arabic on the 24th of November. Can you advise in this scenario what should I expect?
Nov 19, 2019
321
How to check if the bank has manipulated documents while opening account
Q: Hello,
I have an instance where a bank has apparently tempered/manipulated with the account opening documents.
Can I have a court expert appointed to check the bona fides of the account opening documents?
Regards
Jan 31, 2021
377
بنك يرفع الفائدة بصورة غير عادية. ماذا أفعل؟
Q: هل يستطيع البنك أن يرفع دعوى ضد عميل على خلفية استهلاك بطاقة ائتمانية بسبب التوقف عن دفع الأقساط لارتفاع ملحوظ في الفوائد؟
علمًا بأنه لا توجد أي اتفاقية أو عقد مبرم بين الطرفين أو مستند أو ما يثبت أن العميل استهلك هذه البطاقة أو أي توضيح بشأن نسبة الفوائد أو أي دفعات إلزامية للبنك.
هل ستأخذ المحكمة هذه النقطة بعين الاعتبار؟
البنك يسعى بدوره إلى رفع معدل الربا (الفوائد) بصورة غير عادية أي بنسبة فائدة 40%. هذا أبشع أنواع الاستغلال مع عدم المصداقية في التعامل!
أشار البنك في بداية الأمر إلى أن هذه البطاقة الائتمانية هي قرض حسن وليست ذات فائدة. (أين موقعها من الإعراب من القضايا في قانون الإجراءات المدنية الإماراتي؟)
الرجاء الإفادة وشكرًا!
Aug 31, 2021
191
How to enforce a favorable court verdict against a bank in execution
Q: I bought a property in 2008 with an 80% mortgage loan from a reputed national bank.
As per the mortgage contract it was signed for “Variable Interest Rate” and the bank should inform me about the interest rate changes. And I shouldn’t stop paying the principal amount.
BANK FRAUD:
1. The bank forced me to pay Pre-EMI for the first 6 years.
2. The bank increased the interest rate without informing me.
3. The bank used that increased interest rate as a fixed rate for 11 years.
After several emails and phone calls without any action, I stopped paying the bank, and then the bank has filed a commercial case in Dubai court.
The bank lost that case and Dubai Court ordered to reverse the bank fraud as per the signed contract:
1. Reverse all Pre-EMI to EMI.
2. Reverse interest rate increase.
The bank filed an appeal to Cassation Court and lost that appeal too.
MY QUESTIONS:
1. How can I exit from such a fraudulent bank contract and get my money back?
Dec 14, 2021
189
Legal action against a contracting company for forging a government permit
Q: A contracting company in the UAE sent us an email with a DDA Permit to build a room in our house. Then subsequently they got approval from DDA (Dubai Development Authority).
We have the original email from the Authority that the documents were issued with a permit, dated 04.07.21. But the contract changed the DDA document date to 04.08.21.
We seek legal advice if this can be termed as a crime in the UAE for manipulating a document and if any lawyer can confirm to us if this is a genuine case that can be filed in Dubai Courts and which law applies to forging a document by email.
The reason why the contractor forged the document is that they took the payment from us and wanted to delay the project and kept on telling us that DDA has not given any approval.
Only after contacting DDA directly, we got the original document which shows a different date.
Jan 18, 2022
285
How to appeal a civil case judgment if it was based on a forged document?
Q: Hi all professionals,
I lost a civil case against a fraud immigration consultant based in Dubai on 14 March 2024. I was the plaintiff and I had paid AED 24600 to him for migrating to Canada.
He submitted a forged document on 7 Dec 2023 with his memo. I replied to that and submitted the original document which I received from the government of Canada the same document which this company had forged.
Despite that, the court gave the judgment based on the fake document submitted by the defendant, and it is the final judgment.
How can I appeal as I have been told that I can't file an appeal against this final judgment?
How can a judge pass judgment on a fake document?
Please advise.
Mar 18, 2024
226
Legal blog
2 available 2 • View allCommitting Forgery in Official Documents and its Consequences in the UAE
There are always conditions where people may fail to provide sufficient documents of a certain business or project they are willing to engage in, so they tend to commit an act of forgery with their documents to meet the requirements. But this act is a crime and it has consequences in law which we will try to cover in this article.
Dec 7, 2020
23355
تقاضي الرسوم القضائية مقابل تقديم المذكرات – مناقشة قانونية
موضوع هذا المقال هو مناقشة تطبيق عملي جديد وقفنا عليه لدى بعض السلطات القضائية، يتمثل في استيفاء رسمٍ قضائي مقابل تقديم المتقاضي لدفاعه الكتابي، فمتى كان المتقاضي يرغب في تقديم مذكرة، وجبَ عليه أداء رسم لرفعها على النظام الإلكتروني، وإلا، لم يكن له سبيل إلى رفعها، فلا يقبلها النظام الإلكتروني، ولا تصل إلى قاضي الدعوى. وقد وقفنا على هذا التطبيق المستحدث في الدعاوى الجزائية، والدعاوى المدنية.
May 12, 2024
1186
Laws & Regulations
2 available 2 • View allFederal Law No. (3) of 1987 Promulgating the Penal Code
This Law promulgates the Federal Penal Code (Criminal Law) of the United Arab Emirates. Crimes and chastisement punishments shall be determined in accordance with the provisions of this Law and other penal codes.
Dec 8, 1987
47958
Federal Law No. (11) of 1992 Concerning Issuance of the Civil Procedures Code
The law promulgates UAE Civil Procedures Code (Civil Procedure Law) which governs civil procedures in the United Arab Emirates, including the prosecution before the courts, litigation and execution.
Feb 24, 1992
75401
Other answers by
How can I vacate my tenant if the rental agreement ends before the eviction notice deadline?
My Dubai tenant's rental agreement is ending by the end of September 2024 and the completion of 12 months of legally served Eviction Notice is the end of December 2024.
I have two questions:
(a) Can I send a rent increase notice 3 months before as the rent has increased as per the RERA rent calculator?
(b) The second question is, do I have to renew the rental agreement for 3 months (until December 2024) or not?
Thank you.
May 1, 2024
302
How can I reach a settlement with the bank for a mortgage of a jointly owned property?
I have a jointly owned property in Abu Dhabi. The mortgage was defaulted on as I had to leave the property with my children following an assault by my ex-husband. He left the country in 2018 and never paid the mortgage.
As I was in the country, the bank filed a criminal case against me, and I was sentenced to 3 years. I won the appeal against the bank and then filed another criminal case a few months later in Dubai. Again, I won and paid a fine.
In 2019, the bank started a civil case against me and my ex-husband to have the property repossessed. However, at the time of the purchase of the property, there were no Title Deeds, the bank requires this.
I cannot give them the Title Deeds to sell the property and pay back the amount owed to them as my ex-husband refuses to provide a POA. The bank has filed another criminal case against me only for our jointly owned property.
I wish to resolve this and pay off the bank and receive any money left from the sale. How can I resolve this issue of the Title Deeds?
Oct 4, 2022
330
The procedures for filing for divorce on mutual consent
Dear sir/madam,
I am separated from my wife due to compatibility reasons. We got married in the Indian consulate in Dubai on December, 23rd.
We would like to file a divorce on mutual consent as soon as possible. May I get some advice here on the procedures?
Sep 13, 2022
717
My previous employer failed to pay my gratuity. Can I file a case 6 months after resignation?
My previous employer failed to pay my gratuity six months past now since I resigned, Is it possible to file a case against him after a 6 months period?
May 31, 2022
1315
Can a real estate agency hold a percentage of a property sale until transfer is done?
A real estate agency has signed an MOU stating that a 10% security deposit from the buyer and the seller will be kept in the real estate agency and will be released upon transferring the property.
The transfer of the property was blocked due to the court order.
According to my colleagues, the real estate agency is not a trustee and they are not allowed to have taken my security check in the first place, is this correct?
Jun 28, 2021
1298
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